Journal of American Arbitration (JAA) - Vol. 6, No. 1

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160 pages
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December, 2011
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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.

 

Table of Contents: 

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

 

Author Detail: 

About the Editor:
Thomas Carbonneau is the Samuel P. Orlando Distinguished Professor of Law at Penn State's Dickinson School of Law. Professor Carbonneau is commonly regarded as one of the world's leading experts on domestic and international arbitration. He is the editor-in-chief of two widely read and well-regarded professional publications, the World Arbitration And Mediation Review (US) and the Journal of American Arbititration , and serves on the editorial board of La Revue de L'Arbitrage. In addition, he is the author of fifteen highly acclaimed books and 80 scholarly and professional articles on arbitration. Professor Carbonneau is formerly the Moise S. Steeg Jr. Professor of International Law at Tulane University School of Law.

Editor-in-Chief
CRYSTAL L. STRYKER, ESQ.

Assistant Editor
LAUREN A. MCHALE