Journal of American Arbitration (JAA) - Vol. 6, No. 1
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
Originally from Journal of American Arbitration (JAA)
Preview Page
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