International Alternative Dispute Resolution: Cases And Commentary - Chapter 7 - ADR and the Law - 20th Edition
The American Arbitration Association, ® (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation's largest full-service ADR provider.
Originally from ADR and the Law - 20th Edition
The U.S. District Court for the Northern District of Ohio held that an arbitrator could award costs even where the arbitration agreement did not specifically allow for it, since the procedures governing the arbitration allowed for the award of costs. Aasma v. American Steamship Owners Mutual Protection and Indemnity, 238 F. Supp. 2d 918 (N.D. Ohio 2003).
From 1959-1975, States Steamship Co. was insured by The West of England Shipowners Mutual Insurance Association (West). In 1986, merchant seamen employed by States filed personal injury lawsuits against the company claiming they were injured by exposure to asbestos during their service aboard States’ vessels. Before these claims were filed (in 1979), however, States had filed a bankruptcy proceeding, which officially closed in 1991. Because States never responded to the plaintiffs’ complaints, default judgments were entered against the company in 1990.
The plaintiffs sought a declaration that they were entitled to proceed directly against West for payment on the claims against States. Since there was an arbitration clause in the insurance contract between West and States, West sought a stay pending arbitration. The Sixth Circuit held that the plaintiffs “have no conceivable claim against West that did not derive from the contract between West and States.” As a result, the court held that the plaintiffs were bound by the arbitration clause.
Chapter 7. International Alternative Dispute Resolution: Cases and Commentary
Contract and Treaty Claims and Choice of Forum in Foreign Investment Disputes
Bernardo M. Cremades & David J.A. Cairns
Arbitration and Precedent
The Perspective of U.S. Courts on the Decisions of the WIPO Arbitration and Mediation Center Regarding Domain Names: Analysis of the Latest Developments
The Withholding of Documentary Evidence in International Arbitration: Available Remedies for Dealing with Uncooperative Parties
An Introduction to Spain’s New Arbitration Act
David J.A. Cairnes & Alejandro Lopez Ortiz
The Austrian Law on Mediation in Civil Matters: An Overview of the New Provisions
Marianne Roth & Klaus Markowetz
Multi-Tiered Dispute Resolution Clauses under Finnish Law
Comment: Intergen N.V. v. Grina: Fundamental Contract Principles Trump Policy Favoring International Arbitration Where Nonsignatories Are Involved
George Anthony Smith & Sarah T. Holloway