The Supreme Court has ruled (again) that state laws purporting to condition the enforceability of arbitration agreements on grounds not ennumerated in Section 2 of the Federal Arbitration Act are themselves unenforceable on Supremacy grounds. I teach that principle in my class using Southland v. Keating, and now I can use...
On the second morning of the ABA Dispute Resolution meeting in Denver, attendees were privileged to hear remarks by Prof. Temple Grandin of Colorado State University's Animal Science Department. The subject of a fabulous BBC documentary and a recent HBO biopic, Dr. Grandin is broadly recognized as an innovator in handling...
At the recent meeting of the ABA Dispute Resolution Section in Denver, Dai Kato of the University of Colorado and Jay Folberg of the JAMS Foundation offered stimulating -- even inspirational -- examples of modern-day practices of dispute resolution in Japan and Bali. These insights test our assumptions of how...
Continuing with the series on models of conflict resolution that are not based on the parties' interests, below is reproduced another chapter in a proposed book on alternatives to Western mediation methods. This one -- the Arab practice of sulha -- is centuries old, pre-dating even the Prophet, and its motivating considerations are an...
Thomas J. Welsh, Chair of the ABA Business Law Section Task Force on ADR in Commercial Finance Transactions, announces the promulgation of the Final Report of the Task Force on ADR in Commercial Financial Transactions. The Report is accompanied by Supplementary Arbitration Rules. Both are available by clicking here....