
About the Journal:
The Journal of American Arbitration is published by the Tulane Arbitration Institute and the Center for Arbitration and Mediation at the Penn State Dickinson School of Law. The Journal provides information and commentary on developments in domestic U.S. arbitration law. Arbitration has expanded enormously in domestic practice during the last several years. The U.S. Supreme Court has made arbitration the remedy of choice in a wide variety of fields--from commercial matters to consumer disputes of all kinds to securities and employment. Legal professionals cannot ignore the radical changes in the role and function of arbitration. The Journal identifies fundamental developments and provides a thorough and useful practical commentary on them. It features contributions by distinguished practitioners and academic lawyers.
THE JOURNAL OF AMERICAN ARBITRATION
VOLUME 6 2007 NUMBER 1
CONTENTS
Articles
UNAUTHORIZED PRACTICE OF LAW
IN PRIVATE ARBITRAL
PROCEEDINGS.................................... D. Ryan Nayar
LIKE A SKUNK AT A LAWN PARTY:
THE BAZZLE DECISION HITS
CORPORATE AMERICA....................... Zack Zuroweste
Case Notes
FINALITY OF ARBITRAL AWARDS
ENFORCED IN NATIONAL CAS CO.
V. FIRST STATE INS. GROUP ............... Shant H. Zakarian
A DISCUSSION OF THE PROPER FORUM
FOR RESOLVING ARBITRAL CLAUSE
DISPUTES IN DOCKSER V.
SCHWARTZBERG ................................. Krista L. Klett
ILLUSORY PROMISE TO ARBITRATE
IS NOT SUFFICIENT CONSIDERATION
FOR "STAND-ALONE" ARBITRATION
AGREEMENT IN GONZALES V.
WEST SUBURBAN IMPORTS, INC. ......... Lindsay K. Griffel
REVERSE PREEMPTION AND ITS EFFECT
ON ARBITRATION CLAUSES IN INSURANCE
CONTRACTS IN PINNOAK RESOURCES, L.L.C.
V. CERTAIN UNDERWRITERS
AT LLOYD'S, LONDON ........................ Joshua Funk
PROTECTION FROM ELUSORY
"AGREEMENTS" TO ARBITRATE IN
DOUGLASS V. PFLUEGER HAWAII,
INC. ................................................... Kathleen Flynn
UNCONSCIONABLE, BUT NOT
UNENFORCEABLE: MISSOURI
SUPREME COURT STRIKES PORTIONS
OF ARBITRAL CLAUSE BUT PRESERVES
AGREEMENT TO ARBITRATE IN STATE
EX. REL. VINCENT V. SCHNEIDER ........ Mark Bracken
WHEN IS A GROUP GRIEVANCE REALLY
A GROUP GRIEVANCE? THE ARBITRATOR'S
ROLE IN INTERPRETING A COLLECTIVE
BARGAINING AGREEMENT IN CITY
OF FOSTORIA V. OHIO PATROLMEN'S
BENEVOLENT ASS'N............................ Jeff Lawrence
AVOIDING EVIDENT PARTIALITY
IN BORST V. ALLSTATE INS. CO............ Virginia Spiess
BLURRING THE LINE BETWEEN
ARBITRATION AND LITIGATION:
CALIFORNIA COURT HOLDS THAT
PARTIES CAN EXPLICITLY CONTRACT
FOR JUDICIAL REVIEW OF
ARBITRATOR'S DECISION IN
BAIZE V. EASTRIDGE COS., L.L.C........ Christine Prokopick