Consolidated arbitration: will it result in increased efficiency or an affront to party autonomy?
Article Abstract:
Trying to arbitrate disputes involving multiple parties or multiple contracts between two parties complicates a process designed to involve two parties in dispute over a single issue. Courts may need to resolve which issues are arbitrated. As arbitration becomes more popular and commercial processes more complex, institutional arbitration rules should be revised and arbitration agreements carefully drafted to account for consolidated arbitration.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
Arbitrability in U.S. law: an "escape route" narrows
Article Abstract:
In ACE Capital Re Overseas Ltd. v. Central United Life Insurance Co., the US Court of Appeals for the 2d Circuit ruled that an arbitration clause in a contract could be contrued broadly enough to compel arbitration of disputes that were not strictly on terms of the contract. This ruling contradicts the 1961 case of In re Kinoshita by the same court, which narrowly construed such clauses.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 2003
User Contributions:
Comment about this article or add new information about this topic:
Arbitration in the energy/minerals field: customizing the clause
Article Abstract:
The author provides a guide to drafting arbitration clauses appropriate for energy and minerals rights disputes and environmental disputes.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Labor and employment arbitration: what's justice got to do with it? Specs & the single arbitration clause
- Abstracts: U.S. securities regulation: the need for modification to keep pace with globalization. implementation of international disclosure standards
- Abstracts: What kind of questions should arbitrators ask? ADR & CPAs: the role of certified public accountants. Certified public accountants ... can be arbitrators too