The Federal Arbitration Act And Access To Justice


The Federal Arbitration Act And Access To Justice
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The Federal Arbitration Act And Access To Justice


The Federal Arbitration Act And Access To Justice
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Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 2014

The Federal Arbitration Act And Access To Justice written by United States. Congress. Senate. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Arbitration and award categories.




An Annotated Legislative Record Of The Federal Arbitration Act


An Annotated Legislative Record Of The Federal Arbitration Act
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Author : Imre Szalai
language : en
Publisher:
Release Date : 2020-10

An Annotated Legislative Record Of The Federal Arbitration Act written by Imre Szalai and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10 with categories.




Access To Justice In Arbitration


Access To Justice In Arbitration
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Author : Leonardo de Oliveira
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-11-17

Access To Justice In Arbitration written by Leonardo de Oliveira and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-17 with Law categories.


Access to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts – such as labour and employment, sports, and competition disputes, and those involving human rights violations – raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; ramifications of arbitration clauses in contracts; ensuring fairness and efficiency arising from technological innovations applied to arbitration; legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and access to justice in arbitrations involving sexual harassment. The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.



Arbitration


Arbitration
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Author : Thomas J. Stipanowich
language : en
Publisher: Aspen Publishing
Release Date : 2022-09-15

Arbitration written by Thomas J. Stipanowich and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-15 with Law categories.


Arbitration: Practice, Policy, and Lawprovides students with a practice-based approach that helps them apply legal concepts under the Federal Arbitration Act and other laws, and better identify the value of arbitration practice and procedures. This casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive attention to prominent developments in the field and access to video interviews of 100 arbitrators and leading arbitration scholars. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. It includes all the coverage of arbitration found in Resolving Disputes, the survey text. Professors and students will benefit from: Strong authorship, from leading scholar-practitioners at the two #1 law schools in Dispute Resolution—Pepperdine and Ohio State University. A practice-based approach that helps students apply concepts, including realistic roleplays, exercises, and problems that facilitate classroom discussion. Concise content, with organization and readings designed to support a class that considers law in the context of practice, instead of solely focusing on law – as is common with most arbitration casebooks. 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. A variety of carefully designed, skills-oriented exercises on negotiating and drafting arbitration and dispute resolution procedures, conducting and managing arbitration processes, and deliberating and drafting arbitration awards. Unique attention to technology, and the role is now plays in modern arbitration practice. Discrete treatment of arbitration practice in business-to-business settings and consumer or employment scenarios. Access to 100 interviews with arbitration leaders. An overview of the many forms of arbitration, and the flexibility inherent in arbitration as a consensual dispute resolution process. Unique treatment of mixed mode scenarios involving forms of interplay between arbitration and mediation or negotiation.



The Legal Real And Converged Interest In Declaratory Relief


The Legal Real And Converged Interest In Declaratory Relief
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Author : Beata Gessel-Kalinowska vel Kalisz
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-05-16

The Legal Real And Converged Interest In Declaratory Relief written by Beata Gessel-Kalinowska vel Kalisz and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-16 with Law categories.


Worldwide, in both litigation and arbitration, the term ‘declaration’ refers to both what is sought by the parties and what is granted by the judicial authority. In the latter case, it can be construed as a remedy known as ‘declaratory relief’, where the plaintiff seeks an authoritative judicial statement of the legal relationship. Although of enormous significance in dispute resolution, declaratory relief has not been analysed in detail until this deeply informed study. The book’s main focus is on declaratory relief relating to disputes resolved within the framework of international commercial arbitration and litigation. Focusing on the notion of ‘legal interest’ – which the author views as a serious limitation of access to justice – the book sets out to redefine the term in order to respond to the needs of modern legal dealing. Issues and topics such as the following are thoroughly considered: the concept of legal interest as a prerequisite to granting a declaration; circumstances under which relief based on a declaratory judgment may be granted; determination of a plaintiff’s ‘legal interest’ in having a legal relationship established by a judicial ruling; powers of the court or tribunal in various jurisdictions, emphasizing the contrast between ‘legal interest’ in Germanic law and ‘real interest’ in English law; combining a declaration with a coercive measure; role of the arbitration agreement and applicable arbitration law; and how arbitration can neutralize the strict notion of legal interest (‘converged interest’). Case law, including numerous previously unpublished arbitration awards, is fully taken into account. The final chapter elaborates a new interpretation of the declaratory relief concept, encompassing civil substantive and procedural law enriched by theory of justice, comparative analysis and statistical analysis. Apart from the foregoing analysis by the Author, the publication is supplemented with an annex, which presents expert reports by local practitioners on the relevant legal characteristics in Germanic civil law jurisdictions (Austria, Germany, Poland and Switzerland). Given that recent legal scholarship has been increasingly insistent that judicial practice should evolve towards broader use of declarations, particularly where interpretation of contractual stipulations is necessary, this book holds a crucial place in current theory and practice in both litigation and arbitration contexts. With its challenging redefinition of the legal interest concept, it promises to play an important role in formulation of relief in dispute resolution, particularly in international commercial arbitration. Lawyers and arbitrators will benefit from awareness of how other tribunals decide and how awards can be formulated, and arbitration institutions as well as academics in the field will welcome this deeply informative analysis.



Reform Of Civil Procedure


Reform Of Civil Procedure
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Author : A. A. S. Zuckerman
language : en
Publisher:
Release Date : 1995

Reform Of Civil Procedure written by A. A. S. Zuckerman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.


5. Making Tracks: Nick Armstrong



Court Reform And Access To Justice Act


Court Reform And Access To Justice Act
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
language : en
Publisher:
Release Date : 1989

Court Reform And Access To Justice Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Courts categories.




Regulating Dispute Resolution


Regulating Dispute Resolution
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Author : Felix Steffek
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-07-04

Regulating Dispute Resolution written by Felix Steffek and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-04 with Law categories.


This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution. This title is included in Bloomsbury Professional's International Arbitration online service.



Arbitration In A Nutshell


Arbitration In A Nutshell
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Author : Thomas E. Carbonneau
language : en
Publisher: West Academic Publishing
Release Date : 2007

Arbitration In A Nutshell written by Thomas E. Carbonneau and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.


The Nutshell on Arbitration Law is a concentrated summary of all the major aspects of the U.S. law of arbitration. It addresses the major facets of the law---for example, freedom of contract, federal preemption, and wide-ranging arbitrability---with a thorough sense of the relevant case law and the ultimately applicable legal rules. It identifies the various forms of arbitration---labor, commercial, employment, consumer, and securities---with a full awareness of their unifying characteristics and the features that make them unique. The volume also states the various dimensions of the current debate about arbitration within the court system and the legislature. In particular, the book highlights the instrumental role of the U.S. Supreme Court in bringing arbitration to a new day. The book is concise and complete---a must red for anyone interested in arbitration.



Court Mediation Reform


Court Mediation Reform
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Author : Shahla F. Ali
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-03-30

Court Mediation Reform written by Shahla F. Ali and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-30 with Law categories.


As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.