Indigenous Peoples Alternative Dispute Resolution (ADR)

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Second Federal Circuit Court Refuses To Enforce Arbitration By South Dakota Tribe

Using a different analysis, but reaching the same result as a recent decision from the Seventh Circuit, the Eleventh Circuit agreed that a defendant could not compel arbitration of consumer claims before the Cheyenne River...more

Eleventh Circuit Refuses To Compel Arbitration In Dispute Between Loan Servicer and Borrower

On October 2, the Eleventh Circuit affirmed a district court’s decision refusing to compel arbitration sought by a servicer in a dispute with a borrower over the terms of a loan agreement. Inetianbor v. Cashcall, Inc. No....more

Seventh Circuit Finds Tribal Arbitration Is Unreasonable and Unconscionable

In a victory for advocates who worry that the odds are impossibly stacked against consumers in some arbitral fora, the Seventh Circuit found that a class of borrowers did not have to proceed with arbitration conducted by the...more

The Hualapai Grand Canyon Disputes Continue

The Hualapai (pronounced wah-lah-pie) Tribe has about 2,300 members, 1,300 of whom live on the Tribe’s northwest Arizona reservation. The enormous reservation borders the Colorado River and includes portions of the West Rim...more

The Illusion of Federal Jurisdiction in Tribal Contracts

Contracts with Indian tribes should specify a venue for disputes arising from those agreements. A common mistake for attorneys drafting agreements involving tribes is to assume that federal courts automatically have subject...more

Gaming Legal News - March 27, 2013 • Volume 6, Number 8

In This Issue: - NEGOTIATING DISPUTE RESOLUTION WITH INDIAN TRIBES: DON’T DO IT ALONE: Indian tribes enjoy sovereign immunity from civil suits arising from contractual relationships, even if the contracts are...more

Gaming Legal News - September 27, 2012 • Volume 5, Number 20

In This Issue: - AT LONG LAST, TRIBAL i-GAMING IS ON! (WELL, SORT OF….) by Dennis J. Whittlesey: Over the past several years, a major topic of discussion at virtually every gaming conference in the United States...more

THE QUEST FOR THE HOLY GRAIL OF SOCIAL JUSTICE: SUBSTANTIVE & PROCEDURAL LAW PROVISIONS FOR AMICUS CURIAE IN INVESTOR-STATE ICSID...

The Holy Grail of ICSID Arbitration is social justice. Amicus Curiae is the Grail Castle that holds the sacred chalice of ICSID’s salvation. This paper comments on both the procedural and substantive law of amicus...more

Republic of Ecuador v. Chevron Corporation

Order on Republic of Ecuador's Motion to Stay of Arbitration

Although the Second Circuit affirmed the decision below, the Court found against Chevron on several key factual issues that undermine the company's defenses both in Ecuador and potentially in various enforcement courts where...more

Lloyd Msipa's pubic profile

Lloyd Msipa is a Zimbabwean Lawyer and aspiring Zimbabwean Politician. He was born in Bulawayo, Zimbabwe. His father was a ZAPU politician in Zimbabwe who died weeks before the merge between ZAPU PF and ZANU PF in December...more

People of Ecuador v. Chevron

Petition to Stay Arbitration

People of Ecuador Petition to Enjoin Arbitration filed by Chevron at the Hague....more

Republic of Ecuador v. Chevron

Petition to Stay Arbitration

Republican of Ecuador's Petition to Enjoin Chevron's Petition for Arbitration at The Hague....more

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