Arbitration Law

Author: Katherine Van Wezel Stone,Richard A. Bales,Alexander James Colvin

Publisher: Foundation Press

ISBN: 9781609304386

Category: Arbitration, Industrial

Page: 962

View: 518

This casebook presents a comprehensive treatment of the legal issues involved in arbitration. The first four chapters address issues that arise in private arbitration, that is, arbitration that is the product of an agreement between two contracting parties. The last chapter addresses issues that arise in court-ordered arbitration. Together they will give the student a thorough and up-to-date understanding of arbitration law and provide a foundation for legal practice, whether in alternative dispute resolution or in the civil justice system. Extensive notes following each case provide supplementary materials and introduce topics for discussion.
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International Commercial Arbitration

Cases, Materials and Notes

Author: William Michael Reisman,William Laurence Craig,William W. Park,Jan Paulsson

Publisher: Foundation Press

ISBN: 9781628100594

Category: Law

Page: 1200

View: 4028

International Commercial Arbitration tracks every phase of the international commercial arbitral process, including designing arbitration agreements, jurisdictional issues, policies with respect to arbitrability, choosing arbitrators, arbitral proceedings, professional ethics of arbitrators and counsel, conflicts of interest, control mechanisms, and enforcement of awards.
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International Arbitration

Cases and Materials

Author: Gary B. Born

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860251

Category: Law

Page: 1368

View: 7615

This important casebook is based upon one of the leading books in the field Born's treatise, International Commercial Arbitration. It offers a comprehensive approach to international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while providing comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Features: Thoroughly revised to reflect amendments to UNCITRAL Rules, ICC Rules and other institutional arbitration rules New sections addressing IBA Guidelines on Party Representation in International Arbitration Revised to reflect amendments to representative national arbitration legislation in France, Singapore and elsewhere Streamlined excerpts of cases and awards; added excerpts of new arbitral awards on selected topics.
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Cases and Materials on Arbitration Law and Practice

Author: Thomas Carbonneau

Publisher: West Academic Publishing

ISBN: 9781628101065

Category:

Page: 1074

View: 5143

The Seventh Edition of this popular casebook has fully integrated the Supreme Court's latest decisions--Stolt-Nielsen, Rent-A-Center, AT&T Mobility, Granite Rock, Sutter, and the ground-breaking ruling in BG Group--into the coverage. The latest editions of the casebook boast a new organization that is more cohesive and better defines the issues of central importance to the U.S. and other laws of arbitration. The volume also includes a revised chapter ten that contains materials on drafting arbitration agreements. It can serve as a basis for a class workshop on drafting such agreements. The book's content and approach reflect a continuing thorough assessment of the field. The teaching materials are up-to-date and comprehensively assess the landmark work of the Supreme Court in the area.
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Arbitration Advocacy

Author: John W. Cooley,Steven Lubet

Publisher: Ntl Inst for Trial Advocacy

ISBN: 9781556817991

Category: Arbitration and award

Page: 598

View: 9679

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International Commercial Arbitration

A Transnational Perspective

Author: Tibor Varady,John J. Barcelo, III,Arthur Taylor Von Mehren

Publisher: West Academic

ISBN: 9780314195449

Category: Law

Page: 985

View: 610

This innovative casebook approaches the subject as uniquely transnational law, rather than the law of any one country. It covers international conventions, court decisions, arbitral awards, statutes, and arbitration rules from all over the world. This edition newly includes the amended UNCITRAL Model Law, the U.S. Supreme Court decision disallowing expanded review of awards, the European Court of Justice decision on anti-foreign-suit injunctions in arbitration, Egyptian and Swedish cases on challenges, an Indian Supreme Court decision on set-aside, new U.S. cases refusing to enforce annulled awards, and developments concerning arbitrators fees, discovery, escalation clauses, and truncated tribunals.
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Disability Rights Law

Cases and Materials

Author: Samuel R. Bagenstos

Publisher: Foundation Press

ISBN: 9781609303532

Category: Law

Page: 881

View: 9159

This casebook focuses on the large issues of doctrine, theory, and policy that disability rights law raises in employment, government services, public accommodations, health care, housing, and education. This book focuses less on identifying "the rules" of disability rights law and more on exploring the big questions through longer excerpts from a smaller number of cases. It includes textual notes examining key theoretical and policy questions. New edition includes updated discussion of the ADAAA and new EEOC and DOJ regulations, deinstitutionalization litigation, standing and pleading requirements in public accommodations litigation, the implications of the Affordable Care Act, and other topics.
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Studies in Contract Law

Author: Ian Ayres,Richard E. Speidel

Publisher: N.A

ISBN: 9781599412559

Category: Law

Page: 1204

View: 2967

Designed to meet the requirements of 4- and 3-credit hour courses, the Seventh Edition provides an overview of contract law, featuring updated information on Uniform Commercial Code revisions and current trends in contracts scholarship. It includes discussions on the importance of promise and theories of promissory liability; contract remedies; and dispute settlement by private adjudication, including arbitration. In addition to a revised Teacher's Manual, the authors have also produced a CD-ROM Manual that includes the printed Teacher's Manual. It also features electronic briefs of each case together with suggested Socratic dialogue. These materials can be edited and printed for class use. It includes a sample syllabus; annotated table of contents with pedagogical purpose of each case in the book; and electronic copies of every case omitted from Fourth, Fifth, and Sixth Editions (just in case we omitted your favorite case) that can be easily copied and distributed (permission granted
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Legal Theory of International Arbitration

Author: Emmanuel Gaillard

Publisher: Martinus Nijhoff

ISBN: 9789004187146

Category: Law

Page: 194

View: 6495

International arbitration law readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties' freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure as they deem appropriate, and to determine the rules of law that will govern the dispute even where the chosen rules are not those of a given legal system, as well as by the arbitrators' freedom to determine their own jurisdiction, to shape the conduct of the proceedings and, in the absence of an agreement among the parties, to choose the rules applicable to the merits of the dispute. The present work, which is based on a Course given at The Hague Academy of International Law in the Summer of 2007, seeks to identify the philosophical postulates that underlie this field of study, to show their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.
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Basic Skills for the New Arbitrator

Author: Allan H. Goodman

Publisher: N.A

ISBN: N.A

Category: Law

Page: 121

View: 7114

A hands-on training text that provides an overview of arbitration, from the prehearing phase through the hearing and deliberation of the award. The book answers 100 questions frequently asked by new arbitrators. There is a discussion of evidentiary concepts, which should prove useful for non-attorney arbitrators, who sometimes deal with the evidentiary vocabulary of the legal profession. Learn to provide the necessary ethical disclosures; conduct a preliminary conference; issue prehearing orders; establish a discovery schedule; resolve discovery disputes; deal with attempted delays; preside at a hearing; render an award; and avoid prejudicial conduct.
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ADR in the Workplace

Author: Laura J. Cooper,Dennis R. Nolan,Richard A. Bales,Stephen F. Befort

Publisher: West Academic Publishing

ISBN: 9780314195883

Category: Law

Page: 1089

View: 1417

This text is suitable for use in law schools, business schools, and schools of industrial relations. It addresses ADR topics through a wide diversity of materials, including judicial decisions, arbitration awards, essays, and questions and problems for class discussion. Sections on judicial determinations of arbitrability, judicial review, injunctions, deferral, and the duty of fair representation offer thorough coverage of legal issues. Extensive treatment of the substance and practice of labor arbitration provides material for courses focusing on labor arbitration practice. Materials on dispute resolution in the nonunion setting address a broad range of issues including law, theory, practice, and policy.
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Studies in Contract Law

Author: Ian Ayres,Gregory Klass

Publisher: N.A

ISBN: 9781634603256

Category: Contracts

Page: 1215

View: 4208

In the Ninth Edition of Studies in Contract Law, Ian Ayres and Greg Klass have continued their work of streamlining, updating and supplementing this classic casebook. The new edition includes extensive discussion of the Draft Restatement (Third) of Consumer Contracts. There are new cases on telemarketing, good faith, the perfect tender rule, warranties and reliance, half-truths, fraud liability between contracting parties, class arbitration, adequate assurances, mitigation, mental anguish, intentional interference, and personal services contracts. And the authors have added three new drafting exercises to the many practice problems that the book has always included. This edition makes some structural changes to the chapter on remedies to make it more accessible to students. The discussion now begins with general principles, such as the choice between damages and specific performance, efficient breach, and the foreseeability, mitigation and certainty rules. It then addresses seller and buyer remedies, under the UCC and common law, followed by a discussion of special topics such as personal service contracts, liquidated damages, and recovery for nonpecuniary damages. The new edition also includes a new section on fraud liability between contract parties--a topic that usually falls in the gap between Torts and Contracts. And the authors have integrated materials from the arbitration chapter into the rest of the book, and added new section on the Supreme Court's recent class arbitration jurisprudence. Ayres has now recorded more than 90 contract law videos that will be freely available for viewing on Coursera.com and YouTube (search for "Ian Ayres Contracts"). These videos are largely free-standing discussions of individual cases from the casebook and can be used as supplemental lectures or to "flip the classroom." Ayres has also recorded more than 30 videos, also freely available on these platform (search for "Ayres Law Students toolkits"), covering basic legal concepts (e.g., rules vs. standards) and techniques (e.g., how to brief a case) that might be useful for first-year students.
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Labor and Employment Arbitration in a Nutshell

Author: Dennis Nolan,Richard Bales

Publisher: West Academic Publishing

ISBN: 9781634602860

Category:

Page: 661

View: 5806

Labor and employment arbitration law simplified. Authoritative coverage provides a description of the origin, development, and practice of labor and employment arbitration. Text focuses on the fundamentals of the labor and employment arbitration process and explores the major arbitration law issues, their importance, and the conflicting opinions on them.
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Constitutional Law

Author: N.A

Publisher: N.A

ISBN: 9781634594479

Category:

Page: N.A

View: 4848

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International Arbitration

Law and Practice

Author: Gary B. Born

Publisher: N.A

ISBN: 9789041166371

Category: Law

Page: 480

View: 8812

International Arbitration: Law and Practice (Second Edition) provides a comprehensive coverage of the basic principles and legal doctrines, and the practice, of international arbitration. It contains a systematic and concise treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The book addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration, and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. Accolades for Gary B. Bornand’s International Commercial Arbitration (2009 and& 2nd ed. 2014), recipient of the American Society of International Lawand’s 2010 Certificate of Merit: and“An unparalleled book on the law, practice and theory of international commercial arbitration and… indispensable for both practitioners and academics.and” Professor Jack L. Goldsmith III, Harvard Law School and“Stunningly comprehensive, accessible, and bristling with insights: the definitive text on international arbitration.and” Professor Harold Hongju Koh, Yale Law School and“A monumental work of legal scholarship.and” Professor Campbell McLachlan, Victoria University of Wellington and“An extraordinary combination of both practical experience and academic analysis.and” Professor Dr. Daniel Girsberger, University of Lucerne
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A Casebook on Contract

Author: Andrew Burrows

Publisher: Bloomsbury Publishing

ISBN: 1782251448

Category: Law

Page: 898

View: 8806

This is the fourth, fully updated, edition of Professor Burrows' casebook, offering law students the ideal way to discover and understand contract law through reading highlights from the leading cases. Designed to be used in conjunction with a contract law textbook, this book covers the undergraduate contract law course in a series of clearly presented and carefully structured chapters. The author provides an expert introduction to each topic and his succinct notes and questions seek to guide students to a proper understanding of the cases. The relevant statutes are also set out along with a principled analysis of them. In addition to cross-references to further discussion in the leading textbooks, an innovative feature is the summary of leading academic articles in each chapter. The book is designed not to overwhelm students by its length but covers all aspects of the law of contract most commonly found in the undergraduate curriculum. Praise for previous editions: "Excellent update. Continues to be the best Text, Cases and Materials volume out there.?? Jeremias Prassl, St John's College, Oxford "The most up-to-date text. Student friendly?Excellent coverage of the case law.?? Dr Benjamin Andoh, Southampton Solent University, Law School "An outstanding casebook: concise extracts that capture all relevant aspects, clear and helpful comments, and up-to-date and well-selected suggestions for further reading.?? Florian Wagner Von Papp, University College London "Probably the best and most straightforward text, with very good commentary and overview of further reading'' Ewan McGaughey, King's College, London "?simply excellent, as it has case comments and insightful questions?to work out tutorial problems Burrows is essential." Anca Chirita, Durham Law School "Clear, comprehensive, incisive and up-to-date." Professor Joshua Getzler, St Hugh's College, Oxford
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The Principles and Practice of International Commercial Arbitration

Third Edition

Author: Margaret L. Moses

Publisher: Cambridge University Press

ISBN: 1108184138

Category: Law

Page: N.A

View: 3097

Arbitration has become the dispute resolution method of choice in international transactions. This book provides the reader with immediate access to understanding the world of international arbitration, explaining how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines. The third edition includes new sections on state to state arbitration, the role and power of the arbitrator, reform efforts in international investment treaties, transparency in international arbitration and third party funding. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
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Studies in Contract Law - Casebookplus

Author: Ian Ayres,Gregory Klass

Publisher: Foundation Press

ISBN: 9781634606776

Category:

Page: 1267

View: 4241

As a part of our CasebookPlus offering, you'll receive a new print book along with lifetime digital access to the downloadable eBook. In addition, you'll receive 12-month online access to the Learning Library which includes quizzes tied specifically to your book, an outline starter and three leading study aids in that subject and the Gilbert� Law Dictionary. The included study aids are Contracts in a Nutshell, Exam Pro on Contracts, Objective and Acing Contracts. In the Ninth Edition of Studies in Contract Law, Ian Ayres and Greg Klass have continued their work of streamlining, updating and supplementing this classic casebook. The new edition includes extensive discussion of the Draft Restatement (Third) of Consumer Contracts. There are new cases on telemarketing, good faith, the perfect tender rule, warranties and reliance, half-truths, fraud liability between contracting parties, class arbitration, adequate assurances, mitigation, mental anguish, intentional interference, and personal services contracts. And the authors have added three new drafting exercises to the many practice problems that the book has always included. This edition makes some structural changes to the chapter on remedies to make it more accessible to students. The discussion now begins with general principles, such as the choice between damages and specific performance, efficient breach, and the foreseeability, mitigation and certainty rules. It then addresses seller and buyer remedies, under the UCC and common law, followed by a discussion of special topics such as personal service contracts, liquidated damages, and recovery for nonpecuniary damages. The new edition also includes a new section on fraud liability between contract parties--a topic that usually falls in the gap between Torts and Contracts. And the authors have integrated materials from the arbitration chapter into the rest of the book, and added new section on the Supreme Court's recent class arbitration jurisprudence. Ayres has now recorded more than 90 contract law videos that will be freely available for viewing on Coursera.com and YouTube (search for "Ian Ayres Contracts"). These videos are largely free-standing discussions of individual cases from the casebook and can be used as supplemental lectures or to "flip the classroom." Ayres has also recorded more than 30 videos, also freely available on these platform (search for "Ayres Law Students toolkits"), covering basic legal concepts (e.g., rules vs. standards) and techniques (e.g., how to brief a case) that might be useful for first-year students.
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Labor Law

Author: Robert Gorman,Matthew Finkin,Timothy Glynn

Publisher: Foundation Press

ISBN: 9781628101515

Category:

Page: 1283

View: 1602

The Sixteenth Edition makes a number of significant changes to its predecessor, reflecting the evolution of the law relating to employers, employees, and unions in a dynamic economy. This edition includes new decisions of the National Labor Relations Board appointed by President Obama, which has departed in important ways from the approach of the Board under the prior administration. Moreover, the Board is now actively confronting the role of labor law in the contemporary workplace, addressing emergent issues such as protections for employee electronic communications and social media interactions, accountability for employers in "fissured" enterprises, and potential limitations on other employer restrictions on collective activity. The book also contains judicial decisions addressing these developments as well as reactions in Congress and elsewhere, evincing the growing polarization over the role of labor unions in society. This edition supplies a comprehensive revision in light of major legal shifts occurring from 2013 through 2015, notably the new NLRB representation election rules Purple Communications, adopting new rules on employee use of employer email for concerted activity Murphy Oil, reiterating D.F. Horton, holding that the waiver of the capacity to participate in a group arbitration of an employment law claim violates of the Labor Act, with more detailed consideration of the judicial treatment of that question under the Norris-LaGuardia Act as well Fedex Home Delivery and more on the distinction between employees and independent contractors Browning-Ferris, McDonald's and more on joint employer status and the situations of franchisors Babcock & Wilcox, announcing new arbitration deferral rules, and the General Counsel's advisory explication of them employer rules affecting § 7 rights - against "gossip," disclosing confidential information, or "threatening behavior" - and especially on the use of recording and photographic devices and social media and much more. Discussion problems and exercises throughout the text offer students the opportunity to engage with this new material, illustrating how exciting and challenging the study of labor law is today. For more information and additional teaching materials, visit the companion site.
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Torts, Cases and Materials

Author: Victor E. Schwartz,Kathryn Kelly,David Partlett

Publisher: Foundation Press

ISBN: 9781609304072

Category:

Page: 1389

View: 3888

Through its excellence in scholarship, clarity, and ease of use, this casebook engages readers in a critical thinking about tort law. It sets forth crisply edited classic tort cases as well as cases reflecting the newest tort law trends. Its authors are a strong combination of respected scholars and those who practice in the subject. The casebook goes beyond judicial decisions and includes key tort-centered legislation and comparative perspectives where relevant. The casebook encourages the reader to understand the law's foundations and debate modern trends within various policy prescriptions. Unbiased in its approach and organized in manageable sections of information, the casebook is a superb tool for productive and stimulating classroom debate. Tort law doctrine and its rationale will come alive for students. The casebook, proven over 13 editions, assures that our students will be effectively guided to embrace the law of torts as a building block for the remainder of law school and a life in the law beyond. This new edition insures that it will maintain its place as the most widely adopted Torts casebook.
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