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Arbitrating High-stakes Cases

Arbitrating High-stakes Cases
Author: Edgar Allan Lind
Publisher:
Total Pages: 120
Release: 1990-01-01
Genre: Arbitration and award
ISBN: 9780833010292

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Court-annexed arbitration, which requires the referral of civil cases to nonbinding arbitration before a lawyer-arbitrator, has become an increasingly common feature of civil procedure, though it has been largely confined to state court programs for small tort cases. In the past decade, however, arbitration procedures have increasingly been used in the federal district courts, which tend to apply such procedures to much larger cases and to contract cases as well as torts. This report describes a four-year study of court-annexed arbitration in the U.S. District Court for the Middle District of North Carolina. The study examined the efficacy of court-annexed arbitration in high-stakes federal tort and contract cases. The study found the program had few negative effects and many positive ones, including improved access to the justice system, reduction of private litigation costs, and favorable reactions by both litigants and attorneys. The success of the arbitration program in the Middle District of North Carolina shows that alternative dispute resolution can produce benefits for disputants in large-stakes cases.


Arbitration Costs

Arbitration Costs
Author: Susan D. Franck
Publisher: Oxford University Press
Total Pages: 344
Release: 2019-03-26
Genre: Law
ISBN: 0190054441

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Investment treaty arbitration (sometimes called investor-state dispute settlement or ISDS) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. Yet "conventional wisdom" about costs is not necessarily wise. To separate fact from fiction, this book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence. The exercise is critical, as investment treaties grant international arbitrators the power to order states-both rich and poor-to pay potentially millions of dollars to foreign investors when states violate the international law commitments made in the treaties. Meanwhile, the cost to access and defend the arbitration can also climb to millions of dollars. This book uses insights drawn from cognitive psychology and hard data to explore the reality of investment treaty arbitration, identify core demographics and basic information on outcomes, and drill down on the costs of parties' counsel and arbitral tribunals. It offers a nuanced analysis of how and when cost-shifting occurs, parses tribunals' rationalization (or lack thereof) of cost assessments, and models the variables most likely to predict costs, using data to point the way towards evidence-based normative reform. With an intelligent interdisciplinary approach that speaks to ongoing reform at entities like the World Bank's ICSID and UNCITRAL, this book provides the most up-to-date study of investment treaty dispute settlement, offering new insights that will shape the direction of investment treaty and arbitration reform more broadly.


ABA Journal

ABA Journal
Author:
Publisher:
Total Pages: 124
Release: 1990-12
Genre:
ISBN:

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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.


The Court Arbitration Authorization Act

The Court Arbitration Authorization Act
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice
Publisher:
Total Pages: 154
Release: 1994
Genre: Law
ISBN:

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Civil Case Backlogs in Federal District Courts

Civil Case Backlogs in Federal District Courts
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts
Publisher:
Total Pages: 278
Release: 1984
Genre: Civil procedure
ISBN:

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The Evolution of International Arbitration

The Evolution of International Arbitration
Author: Alec Stone Sweet
Publisher: Oxford University Press
Total Pages: 272
Release: 2017-02-03
Genre: Law
ISBN: 0191060232

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The development of international arbitration as an autonomous legal order comprises one of the most remarkable stories of institution building at the global level over the past century. Today, transnational firms and states settle their most important commercial and investment disputes not in courts, but in arbitral centres, a tightly networked set of organizations that compete with one another for docket, resources, and influence. In this book, Alec Stone Sweet and Florian Grisel show that international arbitration has undergone a self-sustaining process of institutional evolution that has steadily enhanced arbitral authority. This judicialization process was sustained by the explosion of trade and investment, which generated a steady stream of high stakes disputes, and the efforts of elite arbitrators and the major centres to construct arbitration as a viable substitute for litigation in domestic courts. For their part, state officials (as legislators and treaty makers), and national judges (as enforcers of arbitral awards), have not just adapted to the expansion of arbitration; they have heavily invested in it, extending the arbitral order's reach and effectiveness. Arbitration's very success has, nonetheless, raised serious questions about its legitimacy as a mode of transnational governance. The book provides a clear causal theory of judicialization, original data collection and analysis, and a broad, relatively non-technical overview of the evolution of the arbitral order. Each chapter compares international commercial and investor-state arbitration, across clearly specified measures of judicialization and governance. Topics include: the evolution of procedures; the development of precedent and the demand for appeal; balancing in the public interest; legitimacy debates and proposals for systemic reform. This book is a timely assessment of how arbitration has risen to become a key component of international economic law and why its future is far from settled.


Alternative Dispute Resolution in North Carolina

Alternative Dispute Resolution in North Carolina
Author: Jacqueline Clare
Publisher: North Carolina Bar Foundatio
Total Pages: 352
Release: 2008-07-08
Genre: Law
ISBN: 0615235662

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First Edition e-book only


Contractual Renegotiations and International Investment Arbitration

Contractual Renegotiations and International Investment Arbitration
Author: Aikaterini Florou
Publisher: BRILL
Total Pages: 261
Release: 2020-03-02
Genre: Law
ISBN: 9004407472

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In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the complex phenomenon of the renegotiation of investor-state contracts. The author reconstructs the relationship between those contracts and the overarching investment treaties using an original interpretative methodology based on transaction cost economics and relational contract theory.


Resolving Disputes

Resolving Disputes
Author: Jay Folberg
Publisher: Aspen Publishing
Total Pages: 804
Release: 2021-09-14
Genre: Law
ISBN: 1543844359

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion