David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Law governing enforcement of ADR agreement not governed by the Federal Arbitration Act (FAA) has been uncertain, and often aimless. This Article therefore calls for clarification of this law, through development of a modern contractual approach for enforcing these non-FAA ADR procedures. Although courts may look to the FAA as a resource for evaluating and developing an enforcement approach, they also should employ modern contract and remedy tools that are more adaptive than the Act's summary enforcement because it allow courts to consider contextual, relational, and equitable factors when determining application of specific enforcement remedies. This allows courts to apply these tools to foster contract compliance and cooperative relations, but to protect individuals from coerced participation in ADR that will cause undue financial or emotional hardship, or otherwise defeat the very purposes of ADR.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Olha O. Cherednychenko, Subordinating Contract Law to Fundamental Rights: Towards a Major Breakthrough or Towards Walking in Circles?
Conrad D. Johnson (1983). The Idea of Autonomy and the Foundations of Contractual Liability. Law and Philosophy 2 (3):271-303.
Daphna Kapeliuk, The Limits of Judicial Discretion: Emotive Dispositions of Israeli Courts in Implementing the New York Convention.
Brian Bix (2008). Contract Rights and Remedies, and the Divergence Between Law and Morality. Ratio Juris 21 (2):194-211.
B. I. X. H. (2008). Contract Rights and Remedies, and the Divergence Between Law and Morality. Ratio Juris 21 (2):194-211.
Alexandr Svetlicinii, Enforcement of Foreign Arbitral Awards in the Republic of Moldova: Evolution of the Pro-Arbitration Policy in the Case Law of the Supreme Court of Justice.
Sorry, there are not enough data points to plot this chart.
Added to index2009-01-28
Total downloads1 ( #807,288 of 1,911,320 )
Recent downloads (6 months)1 ( #457,064 of 1,911,320 )
How can I increase my downloads?