Journal of American Arbitration (JAA) - Vol. 3, No. 2

About the Executive 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
JEANETTE A. JAEGGI

Assistant Editors
WM. BARTLETT GABLER
ALISSA L. KLEIN

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Originally from Journal of American Arbitration (JAA)

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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 3 2004 NUMBER 2

CONTENTS

Articles

BINDING ARBITRATION AND SPECIFIC PERFORMANCE UNDER THE FAA: WILL THIS MARRIAGE OF CONVENIENCE SURVIVE? ............. Kenneth F. Dunham

Case Notes

THE NARROW GROUNDS OF VACATUR: THE FIFTH CIRCUIT'S LIMITED ACCEPTANCE OF INDEPENDENT, NONSTATUTORY GROUNDS FOR VACATING ARBITRATION AWARDS IN BRABHAM V. A.G. EDWARDS & SONS.................................................. Scott Czerwonka

ARBITRATOR IMPARTIALITY-- "PATENTLY" OBVIOUS? THE SECOND CIRCUIT LOOKS AT NONDISCLOSURE AND RELATIONSHIPS IN LUCENT TECHNOLOGIES, INC. V. TATUNG CO........................................ Melissa Bitting

THE FIFTH CIRCUIT REAFFIRMS ABILITY OF PARTIES TO EXPAND THE SCOPE OF JUDICIAL REVIEW IN ARBITRATION AGREEMENTS IN PRESCOTT V. NORTHLAKE CHRISTIAN SCHOOL ............................................. Seth Mosebey

"QUESTIONS OF LAW" OR "QUESTIONS OF ARBITRABILITY?": THE ELEVENTH CIRCUIT'S APPLICATION OF ALL WRITS ACT INJUNCTIONS TO ARBITRATION PANELS IN KLAY V. UNITED HEALTHGROUP, INC. ............. Katherine E. Zengion

PALCKO V. AIRBORNE EXPRESS, INC.: THIRD CIRCUIT SUBJECTS ARBITRATION AGREEMENT TOSTATE LAW REGARDLESS OF THE EXEMPTION STATUS UNDER THE FAA.................................................. Kristi Johnson

THE FEDERAL ARBITRATION ACT AND SUBJECT MATTER JURISDICTION: THE NINTH CIRCUIT FINDS FEDERAL QUESTION JURISDICTION IN CLAIM OF MANIFEST DISREGARD OF THE LAW IN LUONG V. CIRCUIT CITY STORES, INC. ...................................... Sandra K. Partridge

CAMPBELL V. GENERAL DYNAMICS GOVERNMENT SYSTEMS CORP.: THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS RULES THAT EMPLOYER'S EMAIL MESSAGE WAS INSUFFICIENT TO WAIVE EMPLOYEE'S RIGHT TO FEDERAL JURY TRIAL ....................................... Burgess Bradshaw

AGUILAR V. LERNER: CALIFORNIA'S HIGHEST COURT CLARIFIES ISSUES OF JUDICIAL ESTOPPEL AND WAIVER, BUT THE POWER STRUGGLE BETWEEN SEPARATE ARBITRATION ACTS STANDS UNRESOLVED .................................... Joseph S. McCulloch

WHEN CAN COURTS CONSOLIDATE ARBITRABLE CLAIMS? THE MINNESOTA SUPREME COURT ANSWERS IN ILLINOIS FARMERS INSURANCE CO. V. GLASS SERVICE CO. ...................................... Kristin Schork

THE ALABAMA SUPREME COURT REJECTS STATE STATUTE THAT ARBITRATORS MUST BE LICENSED ATTORNEYS IN BOWATER, INC. V.ZAGER ................ Michelle C. Purchner

FIGHTING OVER THE CARCASS OF A FEE: THE OHIO SUPREME COURT HOLDS THAT ATTORNEYS MUST SETTLE FEE DISPUTES THROUGH MEDIATION AND ARBITRATION IN SHIMKO V. LOBE................................. Allison Ward

IN A CLASS BY THEMSELVES: AN ILLINOIS APPELLATE COURT FINDS THAT ARBITRATORS MUST DECIDE THE ISSUE OF CLASS ACTION ARBITRATION IN BESS V. DIRECTV, INC. ................................................... Ryan Kabacinski