Dispute Resolution Journal 2009: Vol 65 Index & Table of Contents

2009·2.3 MB·English

ANNUAL INDEX for 2009.
Liberman, Yael Foux Levy and Interest Arbitration Under the Proposed
Peretz Segal, 2:62 Employee Free Choice Act. By
AAA Construction Rules Updated, 4:44 Does the Supreme Court Decision in 14 Ronald Hoh, 4:50
Applying Principles of Leadership Penn Plaza Augur the Unification of
Communication to Improve the FAA and Labor Arbitration Law? Judicial Approaches to the Amount in
Mediation Outcomes. By Gregory By Seth Galanter and Jeremy M. Controversy for Diversity Jurisdiction
D. Hoffman, 3:24 Mcl aughlin, 2:56 in Arbitration Cases. By Tracey B.
Arbitrating International Intellectual Dos and Don’ts for Attorneys Frisch, 4:20
Property Disputes. By Joseph P. Representing Clients in Mediation.
Zammit and Jamie Hu, 4:74 By Matthew W. Argue, 3:18 Mediating Whistleblower Disputes.
Arbitrating Multi-Peril Crop Insurance Due Diligence in Arbitrator Selection: By Richard D. Fincher, 1:62
Disputes. By John I. Halloran, Using Interviews and Written “Voir The Myth of the Mediator as Settlement
Thomas A. Musil and Brian J. Dire.” By Jeffrey P. Aiken, 2:28 Broker. By Douglas E. Noll, 2:42
Ellsworth, 1:38
Arbitration v. Litigation: You Control
E-Discovery: What Parties and Counsel A Preliminary Hearing Is Not Enough:
the Process v. Process Controls You, Need to Know. By Steven C. Tips for a Well-Managed Arbitration.
By John Arrastia Jr. and Christi
Bennett, 1:20 By Michael Chambers, 3:52
L. Underwood, 4:31
Employment Arbitration: Empirical
Findings and Research Needs. Recession-Proof Arbitration: Of the
Brazil’s Conflicting International
By Alexander J.S. Colvin, 3:6 Power of Constraint to Control Time
Arbitration Case Law: The Inepar
The Enforceability of Class Action and Costs. By Julie Bédard, 3:74
and Renault Decisions. By Mauricio
Waivers in Arbitration Clauses.
Gomm-Santos, 2:82
By Thomas W.H. Barlow, 3:30 Setting Aside a N.Y. Convention Award
Enforceability ofR eligious Arbitration Made in the U.S. By Marc
The Case for the Non-Lawyer
Agreements and Awards. By Steven Goldstein, 3:11
Employment Arbitrator. By Jay E.
C. Bennett, 4:24 Should Commercial Mediators Resolve
Grenig and Rocco M. Scanza, 2:8
Business Disputes as Well as Reconcile
Comparing Labor Awards in Drug-
FAA Discovery Narrowed. By Tracey Personal Conflicts? By Neil
Testing Cases Involving Public
B. Frisch, 1:5 Carmichael, 4:38
and Private Sector Employers.
Fairness Norms in Negotiation: A Study Supreme Court Addresses Volt’s
By Carrie G. Donald and John
of American and European Choice-of-Law Trap: Is the End
D. Ralston, 1:72
Perspectives. By Michael R. Carrell, oft he Problem in Sight? By Archis
Constructing the Construction Case:
Matthew Shank and Jose Luis A. Parasharami and Kevin
Tips, Traps and Tricks. By Joel
Barbero, 1:54 Ranlett, 2:22
Levine, 3:62
Five Steps to Fast-Track the Large,
The Cost of Appointing a Retired Fudge
Complex Construction Case. 10 Major Arbitration Issues Recently
as an Arbitrator. By Dharmendra
By Allen L. Overcash and Addressed by Courts. By Scott D.
Rautray, 3:16
Erin L. Gerdes, 2:34 Marrs and Sean P. Milligan, 3:38
Critical First Steps in Complex
Commercial Arbitration: Appointing
How Labor Arbitration Has Changed Unexplored Driverfso rA dopting ADR
Qualified Arbitrators and Staging the
the Workplace Landscape in Cam- Programs: The Need for a Stake-
Preliminary Conference. By
bodia. By Arnold M. Zack, 2:76 holder Perspective. By Ariel C.
Raymond G. Bender Jr., 1:28
How Recent Court Developments Avgar, 4:8
Could Affect Arbitration’s Future. Untapped Potential: Creating a
Decisional Errors: Why We Make Them
By Joshua Horn and Amit Shah, Systematic Model for Mediation
and How to Address Them. By
3:48 Preparation. By Betsy Miller and
Donald R. Philbin Jr., 4:64
How Turkey’s Abkhaz Community David G. Seibel, 2:50
Designing an Internal Conflict
Resolves Interpersonal Conflict: An Using Mediation in Poland to Resolve
Management System Based on a
Observational Study. By Muzafter Civil Disputes: A Short Assessment of
Needs Assessment. By Etty
Ercan Yilmaz, 3:82 Mediation Usage From 2005-2008.
By Sylwester Pieckowski, 4:82
Information is cited by the number
of the issue (1 for the Feb.-Apr. issue, India’s Supreme Court Places New
2 for the May-July issue, 3 for the Hurdles to Enforcing Foreign What the 2nd Circuit Giveth Arbitra-
Aug.-Oct. issue, 4 for the Nov.-Jan. Awards: The Venture Global Decision tors in “Comprehensive Authority,” It
issue), followed by the page number and the Cases Leading Up to It. By Taketh Away in Standard of Review.
on which the article begins.
Dharmendra Rautray, 1:80 By John M. O'Bryan, 3:56
94 FEBRUARY/APRIL 2010
ANNUAL INDEX for 2009.
Liberman, Yael Foux Levy and Interest Arbitration Under the Proposed
Peretz Segal, 2:62 Employee Free Choice Act. By
AAA Construction Rules Updated, 4:44 Does the Supreme Court Decision in 14 Ronald Hoh, 4:50
Applying Principles of Leadership Penn Plaza Augur the Unification of
Communication to Improve the FAA and Labor Arbitration Law? Judicial Approaches to the Amount in
Mediation Outcomes. By Gregory By Seth Galanter and Jeremy M. Controversy for Diversity Jurisdiction
D. Hoffman, 3:24 Mcl aughlin, 2:56 in Arbitration Cases. By Tracey B.
Arbitrating International Intellectual Dos and Don’ts for Attorneys Frisch, 4:20
Property Disputes. By Joseph P. Representing Clients in Mediation.
Zammit and Jamie Hu, 4:74 By Matthew W. Argue, 3:18 Mediating Whistleblower Disputes.
Arbitrating Multi-Peril Crop Insurance Due Diligence in Arbitrator Selection: By Richard D. Fincher, 1:62
Disputes. By John I. Halloran, Using Interviews and Written “Voir The Myth of the Mediator as Settlement
Thomas A. Musil and Brian J. Dire.” By Jeffrey P. Aiken, 2:28 Broker. By Douglas E. Noll, 2:42
Ellsworth, 1:38
Arbitration v. Litigation: You Control
E-Discovery: What Parties and Counsel A Preliminary Hearing Is Not Enough:
the Process v. Process Controls You, Need to Know. By Steven C. Tips for a Well-Managed Arbitration.
By John Arrastia Jr. and Christi
Bennett, 1:20 By Michael Chambers, 3:52
L. Underwood, 4:31
Employment Arbitration: Empirical
Findings and Research Needs. Recession-Proof Arbitration: Of the
Brazil’s Conflicting International
By Alexander J.S. Colvin, 3:6 Power of Constraint to Control Time
Arbitration Case Law: The Inepar
The Enforceability of Class Action and Costs. By Julie Bédard, 3:74
and Renault Decisions. By Mauricio
Waivers in Arbitration Clauses.
Gomm-Santos, 2:82
By Thomas W.H. Barlow, 3:30 Setting Aside a N.Y. Convention Award
Enforceability ofR eligious Arbitration Made in the U.S. By Marc
The Case for the Non-Lawyer
Agreements and Awards. By Steven Goldstein, 3:11
Employment Arbitrator. By Jay E.
C. Bennett, 4:24 Should Commercial Mediators Resolve
Grenig and Rocco M. Scanza, 2:8
Business Disputes as Well as Reconcile
Comparing Labor Awards in Drug-
FAA Discovery Narrowed. By Tracey Personal Conflicts? By Neil
Testing Cases Involving Public
B. Frisch, 1:5 Carmichael, 4:38
and Private Sector Employers.
Fairness Norms in Negotiation: A Study Supreme Court Addresses Volt’s
By Carrie G. Donald and John
of American and European Choice-of-Law Trap: Is the End
D. Ralston, 1:72
Perspectives. By Michael R. Carrell, oft he Problem in Sight? By Archis
Constructing the Construction Case:
Matthew Shank and Jose Luis A. Parasharami and Kevin
Tips, Traps and Tricks. By Joel
Barbero, 1:54 Ranlett, 2:22
Levine, 3:62
Five Steps to Fast-Track the Large,
The Cost of Appointing a Retired Fudge
Complex Construction Case. 10 Major Arbitration Issues Recently
as an Arbitrator. By Dharmendra
By Allen L. Overcash and Addressed by Courts. By Scott D.
Rautray, 3:16
Erin L. Gerdes, 2:34 Marrs and Sean P. Milligan, 3:38
Critical First Steps in Complex
Commercial Arbitration: Appointing
How Labor Arbitration Has Changed Unexplored Driverfso rA dopting ADR
Qualified Arbitrators and Staging the
the Workplace Landscape in Cam- Programs: The Need for a Stake-
Preliminary Conference. By
bodia. By Arnold M. Zack, 2:76 holder Perspective. By Ariel C.
Raymond G. Bender Jr., 1:28
How Recent Court Developments Avgar, 4:8
Could Affect Arbitration’s Future. Untapped Potential: Creating a
Decisional Errors: Why We Make Them
By Joshua Horn and Amit Shah, Systematic Model for Mediation
and How to Address Them. By
3:48 Preparation. By Betsy Miller and
Donald R. Philbin Jr., 4:64
How Turkey’s Abkhaz Community David G. Seibel, 2:50
Designing an Internal Conflict
Resolves Interpersonal Conflict: An Using Mediation in Poland to Resolve
Management System Based on a
Observational Study. By Muzafter Civil Disputes: A Short Assessment of
Needs Assessment. By Etty
Ercan Yilmaz, 3:82 Mediation Usage From 2005-2008.
By Sylwester Pieckowski, 4:82
Information is cited by the number
of the issue (1 for the Feb.-Apr. issue, India’s Supreme Court Places New
2 for the May-July issue, 3 for the Hurdles to Enforcing Foreign What the 2nd Circuit Giveth Arbitra-
Aug.-Oct. issue, 4 for the Nov.-Jan. Awards: The Venture Global Decision tors in “Comprehensive Authority,” It
issue), followed by the page number and the Cases Leading Up to It. By Taketh Away in Standard of Review.
on which the article begins.
Dharmendra Rautray, 1:80 By John M. O'Bryan, 3:56
94 FEBRUARY/APRIL 2010
When Arbitrators “Exceed Their Powers” O’Bryan, John M., 3:56 Puliyurumpil Mathew Thomas v.
—A New Study of Vacated Arbitra- Overcash, Allen L., 2:34 Carnival Corp., 3:92
tion Awards. By Thomas J. Brewer Saipem Am. v. Wellington Underwriting
and Lawrence R. Mills, 1:46 Parasharami, Archis A., 2:22 Agencies Ltd., 2:94
Workplace Arbitration in the Current Philbin, Jr., Donald R., 4:64 Telenor Mobile Communications AS v.
Economic Crisis. By David B. Pieckowski, Sylwester, 4:82 Altime Holdings & Inv., 4:94
Lipsky, 1:7 United States of America v. Park Place
Ralston, John D., 1:72 Assoc., 3:95
Rautray, Dharmendra, 1:80, 3:16 LABOR
Aiken, Jeffrey P., 2:28 Dauphin Precision Tool v. United Steel
Argue, Matthew W., 3:18 Scanza, Rocco M., 2:8 Workers of Am., 3:94
Arrastia Jr., John 4:31 Segal, Peretz, 2:62 United Steel, Paper & Forestry, Rubber,
Avgar, Ariel C., 4:8 Seibel, David G., 2:50 Manufacturing, Energy, Allied-Ind.
Shah, Amit, 3:48 & Serv. Workers Intl Union AFL-
Barbero, Jose Luis, 1:54 Shank, Matthew, 1:54 CIO/CLC v. Continental Tire N.A.,
Barlow, Thomas W.H., 3:30 3:93
Bédard, Julie, 3:74 Underwood, Christi L., 4:31
Bender, Raymond G., Jr., 1:28 REAL ESTATE FINANCING
Bennett, Steven C., 1:20; 4:24 Yilmaz, Muzaffer Ercan, 3:82 Jasviro Mundi v. Union Security Life
Brewer, ThomasJ. , 1:46 Ins. Co., 1:93
Zack, Arnold M., 2:76
Carmichael, Neil, 4:38 Zamunit, Joseph P., 4:74 REINSURANCE
Carrell, Michael R., 1:54 Mid-Continent Casualty Co. v. General
Chambers, Michael, 3:52 Reinsurance Corp., 2:96
Colvin, Alexander J.S., 3:6
COMMERCIAL SECURITIES
Donald, Carrie G., 1:72 Chelsea Family Pharmacy PLLC v. In re Morgan Stanley, 3:96
Medco Health Solutions, 4:95
Ellsworth, Brian J., 1:38
CONSUMER
Fincher, Richard D., 1:62 Circle v. Chase Bank USA, 4:93 American Arbitration Association
Frisch, Tracey B., 1:5; 4:20 G.R. Homa v. American Express Co., amicus brief, 3:4
1:93 class arbitration rules, 3:15
Galanter, Seth, 2:56 construction rules changes 4:44
Gerdes, Erin L., 2:34 EMPLOYMENT guidelines on information
Goldstein, Marc, 3:11 Warfield v. Beth Israel Deaconess Med. exchange, 1:23
Gomm-Santos, Mauricio, 2:82 Cir; 3:92 incorporating rules by reference,
Grenig, Jay E., 2:8 Seguin v. Northrop Grumman Sys. 1:92
Corp., 1:93 testimony on debt collection arbi-
Halloran, John L., 1:38 Jackson v. Rent-a-Center West, 4:96 tration, 3:5
Hoffman, Gregory D., 3:24 Mazera v. Varsity Ford Serv., 2:95 American Bar Association, 3:17
Hoh, Ronald, 4:50 Niolet v. Phil Rice, 2:96 Arbitration
Horn, Joshua, 3:48 Conrad v. Phone Directories Co., 4:93 arbitrability, 1:92; 4:95
Hu, Jamie, 4:74 compared to litigation, 4:33
FRANCHISING core concepts in, 4:32
Levine, Joel, 3:62 Awuah v. Coverall N.A., 1:92 crop insurance disputes, 1:38
Levy, Yael Foux, 2:62 e-discovery issues, 1:20
Liberman, Etty, 2:62 HEALTH CARE experts, 3:55
Lipsky, David B., 1:7 Lawrence v. Manor, 1:92 First Amendment and Free
New Port Rickey Med. Inv., LLC v. Exercise Clause, 4:28
Marrs, Scott D., 3:38 Dorothy Stern, 2:93 future of, 3:48
McLaughlin, Jeremy M., 2:56 major issues, 3:39
Miller, Betsy, 2:50 HOME FINANCING preliminary conference, 1:28
Milligan, Sean P., 3:38 All State Home Mtg. v. Daniel, 2:94 process management tips, 3:52
Mills, Lawrence R., 1:46 public policy, 4:29
Musil, Thomas A., 1:38 INTERNATIONAL recommended due dates, 3:55
El Paso Corp. v. La Comision Ejecutiva religious, 4:24
Noll, Douglas E., 2:42 Hidroecletrica del Rio Lempa, 3:93 sanctions, 2:6
DISPUTE RESOLUTION JOURNAL
unconscionability, 4:96 sovereign immunity, 3:95 statute of limitations for com-
Arbitration agreement, Federal court jurisdiction, amount in pelling arbitration in National
capacity to agree, 3:96 controversy, 4:20 Labor Relations Law, 3:93
changing the grounds to appeal, Litigation versus arbitration, 4:33
3:41, 42 Intellectual property, 4:74
cost-sharing clause, 2:95 International arbitration Mediation
lack of signature, 4:94 Brazil’s conflicting case law, 2:82 advocacy dos and don’t, 3:19
public policy exception, 4:29 controlling time and cost, 3:74 emotional issues, 4:40
religious, 4:24 discovery in aid of foreign tribunal, farm debt disputes, 4:5
unconscionable provision, 3:44 3:93 leadership principles, 3:24
waiver of various rights, 3:40 disregarding a foreign judgment, Q-4 dimensional model, 3:24
Arbitration award 4:94 systematic preparation for, 2:50
ambiguity in, 1:6 drafting the award, 4:78 whistleblower, 1:62
attorney fees, 3:42 European developments, 1:11, Mediator
enforceability without § 9 2:12, 3:13, 4:16 role of, 4:38, 42
language, 1:6 guidelines on information
religious, 4:24 exchange, 1:23 Negotiations
Arbitrator intellectual property disputes, 4:74 construction, 3:64
authority, 1:6; 3:56 India developments decisional errors, 4:64
non-lawyers, 2:8 new arbitration center, 4:13 fairness norms, 1:54
qualifications, 1:28 new High Court decision, 1:80 Non-signatories
selection, due diligence in, 2:28 retired judge as arbitrator, 3:16 discovery, 3:40
Latin America developments, 1:14; equitable estoppel, 1:93
Choice-of-law issues, 2:22 2:14; 4:14 Nursing home contract
maritime cases, 3:92 arbitrability of statutory wrongful
Class action waivers, 1:93; 2:6; 3:31, Poland, 4:74 death claim, 1:92
3:92: 4:93 public policy exception to enforc-
Construction ing agreement, 3:91 Reinsurance, 2:96
AAA rules updated, 4:44 recession-proof the process, 3:74
large complex case, 2:34 § 1782 and private international Securities arbitration
negotiation and arbitration tips, tribunal, 3:93 auction rate claims, 4:4
3:64 state court action and sovereign FINRA pilot program, 4:4
immunity, 3:95 Surveys and reports
Dispute resolution options, techniques to shorten arbitration, American College of Trial
making decisional errors, 4:64 3:79 Lawyers report on problems
third-party funding, 3:79 with the civil justice system, 2:6
Electronic discovery, 1:20 Lovell’s survey re European Court
Employment arbitration Healthcare of Justice and investor-state
assault claim, 2:96 nursing home contract, 1:92 arbitration, 1:16
cost-sharing agreement, 2:95 Searle Civil Justice Center,
designing an employee program in International mediation Northwestern University
Israel, 2:62 Poland, study of civil cases, 4:82 School of Law, study of AAA
empirical study, 3:6 Turkey’s Abkhaz community, 3:82 consumer arbitration, 1:9
need for research, 4:8
needs assessment, 2:62 Jurisdiction UNCITRAL rules, 3:93
non-lawyer arbitrators, 2:8 amount in controversy for federal U.S. Supreme Court
ombuds program, 4:8 court jurisdiction, 4:20 AAA amicus brief, 3:4
waiver of statutory claims, 3:92 appellate jurisdiction over order analysis of
Enforceability of compelling arbitration, 1:92 Arthur Anderson v. Carlisle, 2:5
cost-sharing agreement, 2:95 14 Penn Plaza v. Pyett, 2:4, 56
failure to sign agreement, 2:94 Labor arbitration Preston v. Ferrer, 2:25
religious arbitration agreement, assault claim, 3:94 Vaden v. Discover Bank, 2:4
4:24 Cambodia, 2:76 comparing Volt, Mastrobuono and
drug-testing awards, 1:72 Preston, 2:25
Federal Arbitration Act interest arbitration denying review, 3:4
appellate jurisdiction, 4:93 in Canada and U.S., 4:50 hears argument, 1:4
discovery narrowed, 1:5 Employee Free Choice Act,
Hall Street, 3:48, 94 4:50 Whistleblower mediation, 1:62
14 Penn Plaza v. Pyett, 2:4, 56 reinstatement, 3:94
FEBRUARY/APRIL 2010