Add to ORKGBoth state and federal court systems are swamped with litigants. This fact is so widely recognized, repeating it almost seems unnecessary. Courts experiment with a variety of approaches just to pump some of this litigious bilge into alternative forums for resolution. The state of Hawaii sought to lighten its overburdened docket with a Court Annexed Arbitration Program.2 It provides for mandatory submission of certain tort claims to arbitration.\u27 It is non-binding and either party may obtain a trial de novo at its conclusion.4 However, to do so is not without risk. Pursuit of a trial de novo gambles not only with the possibility of a less favorable outcome, but also with payment of the opponent\u27s attorney\u27s fees should one fail to i...
We begin this article by framing the issue in simple terms. The statute itself is clear. The FAA con...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Spanning nearly forty years, the Supreme Court has issued multiple decisions and stated categoricall...
It is well settled that state courts may apply state contract principles when determining if an arbi...
With increasing frequency attorneys are confronted with disputes arising under commercial contracts ...
Arbitration clauses, which are supposed to do away with litigation, have ironically spawned many com...
This Note proposes a solution to this choice-of-law problem. Section I surveys the courts\u27 respon...
The question the Supreme Court left unanswered in Southland is which FAA provisions must be applied ...
Court-annexed arbitration is utilized more extensively today than ever before. It commands widesprea...
As the United States Supreme Court has observed, the Federal Arbitration Act (FAA) 2 is something o...
While almost seventy years have passed since Congress adopted the federal Arbitration Act (FAA), man...
Arbitration agreements have traditionally been viewed with disfavor.2 Many states have refused to en...
Despite talk of a “federalism revival,” state law is quietly losing ground in the U.S. Supreme Court...
The American system of arbitration is constantly evolving. From the first formal arbitration tribun...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
We begin this article by framing the issue in simple terms. The statute itself is clear. The FAA con...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Spanning nearly forty years, the Supreme Court has issued multiple decisions and stated categoricall...
It is well settled that state courts may apply state contract principles when determining if an arbi...
With increasing frequency attorneys are confronted with disputes arising under commercial contracts ...
Arbitration clauses, which are supposed to do away with litigation, have ironically spawned many com...
This Note proposes a solution to this choice-of-law problem. Section I surveys the courts\u27 respon...
The question the Supreme Court left unanswered in Southland is which FAA provisions must be applied ...
Court-annexed arbitration is utilized more extensively today than ever before. It commands widesprea...
As the United States Supreme Court has observed, the Federal Arbitration Act (FAA) 2 is something o...
While almost seventy years have passed since Congress adopted the federal Arbitration Act (FAA), man...
Arbitration agreements have traditionally been viewed with disfavor.2 Many states have refused to en...
Despite talk of a “federalism revival,” state law is quietly losing ground in the U.S. Supreme Court...
The American system of arbitration is constantly evolving. From the first formal arbitration tribun...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
We begin this article by framing the issue in simple terms. The statute itself is clear. The FAA con...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Spanning nearly forty years, the Supreme Court has issued multiple decisions and stated categoricall...