Upcoming Events

Symposium on Dispute Resolution in Special Education

Thursday, February 27, 2014
2:00 – 5:00 PM | Barrister Club

Friday, February 28, 2014
8:00 AM – 4:00 PM | Ohio Union

 

75 – Commercial

ARTICLES

George A. Bermann, The “Gateway” Problem in International Commercial Arbitration, 37 Yale J. Int’l L. 1 (2012).
This article discusses how and when courts should decide preliminary issues in international arbitration. The author argues in favor of the courts adopting the U.S. approach to these preliminary issues because of the balance the approach provides between legitimacy and efficacy.
{44} ARBITRATION—GENERAL
{75} COMMERCIAL
{92} SUBJ MATTER: INT’L
 
Laetitia L. Cheltenham, Note and Comment, The Consumer Financial Protection Bureau and Class Action Waivers after AT&T v. Concepcion, 16 N.C. BANKING INST. 273 (2012).
This article is about the Consumer Financial Protection Bureau and its role in arbitration agreements that are mandatory under the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act of 2010. The author also discusses the Supreme Court decision in AT&T v. Concepcion and predicts how the decision will be applied.
{45} ARB: MANDATORY, COURT-ANNEXED—GENERAL
{75} SUBJ MATTER: COMMERCIAL
 
Lawrence A. Cunningham, Access to Justice: Investor Suits in the Era of the Robert Court: Rhetoric Versus Reality in Arbitration Jurisprudence: How the Supreme Court Flaunts and Flunks Contracts, 75 LAW & CONTEMP. PROBS. 129 (2012).
This article examines the ways arbitration and contract law interact with one another.  Do these two legal theories intertwine, with each central to the other, or are they less compatible then the Supreme Court makes them seem?  While Supreme Court rhetoric may indicate a particular viewpoint, this article concludes that this rhetoric has little to do with actual arbitration jurisprudence.
{44} ARBITRATION—GENERAL
{75} SUBJ MATTER: COMMERCIAL
 
Christopher R. Drahozal & Samantha Zyontz, Private Regulation of Consumer Arbitration, 79 Tenn. L. Rev. 289 (2012).
This article outlines the ways in which business practices can be regulated using such private entities like the American Arbitration Association. Regulation of business traditionally has been achieved via public entities, but this article examines the ways in which private arbitration due process protocols can achieve the same ends as public regulation.
{44} ARBITRATION—GENERAL
{75}SUBJ MATTER: COMMERCIAL
 
David L. Franklin & Steven Greenberger, “An Edifice of Its Own Creation”: The Supreme Court’s Recent Arbitration Cases, 10 DePaul Bus. & Com. L.J. 495 (2012).
The authors discuss the importance of the recent decisions regarding arbitration from the Supreme Court. They then analyze the influence these decisions are having and will continue to have on businesses. The authors conclude by attempting to interpret the perspective of the Supreme Court on the substantive values of arbitration.
{44} ARBITRATION—GENERAL
{75} SUBJ MATTER: COMMERCIAL
 
Ron Kendler, Note, Delayed Fight: The World Trade Organization Dispute Settlement Mechanism, Negotiation, and the Transatlantic Conflict Over Commercial Aircraft, 35 B.C. Int’l & Comp. L. Rev. 253 (2012).
This work focuses on the World Trade Organization’s Dispute Settlement Mechanism  (DSM) through an examination of litigation brought by European and U.S. aircraft manufacturing industries. The note highlights the settlement scenarios under the DSM and how parties obtain such negotiated settlements through this channel absent formal litigation.
{1} NEGOTIATION—GENERAL
{75} SUBJ MATTER: COMMERCIAL
{122} SETTLEMENT: ENFORCEMENT OF SETTLEMENT OR AWARD
 
Heather Park, Note, The Search For Luxury Prudence: Applying Alternative Dispute Resolution to Contributory Trademark Liability in the Online Marketplace, 83 U. Colo. L. Rev. 925 (2012).
This article discusses the problem luxury trademark owners face with online counterfeit luxury goods.  The article explains the doctrine of contributory trademark liability, identifying the problems with this doctrine as demonstrated through recent cases.  The author suggests using alternative dispute resolution to resolve conflicts in this area.
{60} ADR—GENERAL
{75} SUBJ MATTER: COMMERCIAL
{78} SUBJ MATTER: COMPUTER

David Reap, Note, Proposal For an Alternative Dispute Resolution Process for the Fashion Industry After the Innovative Design Protection and Piracy Prevention Act, 13 Cardozo J. Conflict Resol. 621 (2012).
This note discusses the adoption of an alternative dispute resolution process for the fashion industry as compared to that of the advertising industry and advocates for such a change to take place. The author outlines the many factors that should be considered when adopting an ADR method and suggests that a there would be a high participation rate in the industry if adopted.
{60} ADR—GENERAL
{75} SUBJ MATTER—COMMERCIAL
 
Irene M. Ten Cate, International Arbitration and the Ends of Appellate Review, 44 N.Y.U. J. INT’L L. & POL. 1109 (2012).
This article is about the arbitration process in international law. This author specifically wrote of appellate review in the arbitration process in commercial international law and the advantages and disadvantages of an appellate process.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{75} SUBJ MATTER: COMMERCIAL

Michael Wilson, Note, The Enron v. Argentina Annulment Decision: Moving a Bishop Vertically in the Precarious ICSID System, 43 U. Miami Inter-Am. L. Rev. 347 (2012).
This note describes a decision of the International Centre for Settlements of Investment Disputes (ICSID) in applying its annulment doctrine. Noting that ICSID’s annulment committee may have exceeded its authority, the writer argues that the committee’s holding was nevertheless justified, laudable, and critically important in delineating ICSID jurisprudence.
{44} ARBITRATION—GENERAL
{75} SUBJ MATTER: COMMERCIAL
{92} SUBJ MATTER: INT’L
{146} ORGANIZATION POLICIES & RULES

BOOKS

Vijay K. Bhatia, Christopher N. Candlin & Maurizio Gotti, Discourse and Practice in International Commercial Arbitration: Issues, Challenges and Prospects (2012).
This book addresses the aspects of arbitration that are crucial to maintaining integrity and relevance in the international arena. Examples and opinions are provided from practitioners around the globe.
{44} ARBITRATION—GENERAL
{75} SUBJ MATTER: COMMERCIAL
{92} SUBJ MATTER: INT’L

Peter Fenn, Commercial Conflict Management and Dispute Resolution (2012).
The author bases this piece on a fundamental distinction between conflict management and dispute resolution. This distinction is explained through methods of conflict avoidance and theories and principles of dispute resolution.
{60} ADR—GENERAL
{75} SUBJ MATTER: COMMERCIAL

Jason Fry, Simon Greenberg & Francesca Mazza, The Secretariat’s Guide to ICC Arbitration (2012).
Effectively a companion guide to the International Chamber of Commerce’s 2012 Rules, this book functions in large part as a “how-to” guide. The book provides analyses of the rules, and gives advice on ICC arbitration proceedings.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{75} SUBJ MATTER: COMMERCIAL

 
Barry M. Goldman & Debra L. Shapiro, The Psychology of Negotiations in the 21st Century Workplace: New Challenges and New Solutions (2012).
This book takes notice of the increase in litigation (and its corresponding costs) in the workplace. The purpose of the work is to help inform corporate management and negotiation experts in an effort to bridge the gap between the two.
{1} NEGOTIATION-GENERAL
{75} SUBJ MATTER: COMMERCIAL
 
Ronnie King, Dispute Resolution in the Energy Sector: A Practitioner’s Handbook (2012).
This book serves as a handbook for professionals, including corporate counsel and commercial personnel of energy companies, dealing with disputes in the energy sector. The book covers a wide range of ADR-related concerns in the field of energy law.
{60} ADR—GENERAL
{75} SUBJ MATTER: COMMERCIAL
{81} SUBJ MATTER: CORPORATE