Volume 5 (2013) Yearbook on Arbitration and Mediation

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Executive Board

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Table of Contents

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Foreward

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Introduction
Nancy Welsh

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Asymmetric Dynamism and Acceptable Judicial Review of Arbitration Awards
Jeffrey W. Stempel

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The Accidental Preemption Statute: The Federal Arbitration Act and Displacement of Agency Regulation
Maureen A. Weston

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Is Less Really More? Hall Street Associates, Private Procedural Ordering and Expanded Review of Arbitral Awards in State Courts
Allen Blair

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Judicial Review: What Judges Write When They Write About Mediation
Jennifer W. Reynolds

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Judicial Review of Mediated Settlement Agreements: Improving Mediation with Consent
Jacqueline M. Nolan-Haley

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Creating a 21st Century Oligarchy: Judicial Abdication to Class Action Mediators
James R. Coben

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Error Correction and Dispute System Design in Investor-State Arbitration
Andrea Kupfer Schneider

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Combinations of Mediation and Arbitration with the Same Neutral: A Framework for Judicial Review
Ellen E. Deason

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Concluding Remarks
Thomas Carbonneau

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Towards a Rules-Based ASEAN: The Protocol to the ASEAN Charter on Dispute Settlement Mechanisms
Hao Duy Phan

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Has London Outmaneuvered the Italian Torpedo
Thomas Panighetti

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I-Arbitration: Not the Newest Apple(R) Product, But Sharia Law in International Commercial Arbitration
Thomas Panighetti

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Restricting the Reach of the Federal Arbitration Act: South Carolina Supreme Court Applies State Law and Invalidates an Arbitration Agreement in a Residential Real Estate Transaction
Tiffany Bennett

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Bifurcated Proceedings in Illinois: Survivor Actions to Arbitration but Wrongful Death Claims to Litigation
Joshua Bower

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Weighing (In)Discretion on a Sliding Scale: California Appellate Court Hands Down an Expose of Modern Approaches to Jurisdiction and Unconscionability
Anthony Rallo

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How Nice to See You Again: The Repetitive Use of Arbitrators and the Risk of Evident Partiality
Drew J. Hushka

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Educational Collective Bargaining: The Effect of Impasse Resolution Procedures on Public School Teachers
Jessica Nixon

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Alternative Dispute Resolution and Social Media: How Mandatory Arbitration Clauses Impact Social Networking
Kelsey L. Swaim

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Treaty Shopping and Expansive Jurisdiction: Causes and Effects of Venezuela's Denunciation of the ICSID Convention
Kathryn Rimpfel

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Defusing Hydroelectric Brinkmanship: The Indus Waters Treaty's Alternative Dispute Resolution Provisions and Their Role in the Tenuous Peace Between India and Pakistan
Thomas E. Robins

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Lawyers and Mediation
Brian Rans

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Getting to Yes: Remembering Roger Fisher
Kevin R. Schock

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Broad Powers, Silent Intentions: Compelling Class Action Arbitration without Express Authorization
Daivy P.E. Dambreville

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Like Oil and Vinegar, Sitting Judges and Arbitrators Do Not Mix: Delaware's Unique Attempt at Judicial Arbitration
Gellaine T. Newton

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For the Good of All Not Involved: The Case for a Public Protection Exception to the Enforcement of Arbitral Awards
Michelle Polanto