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Abstract:
This is the fourth comprehensive annual review of the arbitration decisions of the United States Court of Appeals for the Fifth Circuit produced by the author. All electronically retrievable arbitration decisions - both published and "unpublished" - are considered. Citations for the prior articles are 35 Tex. Tech L. Rev. 497 (2004); 37 Tex. Tech. L. Rev. 531 (2005); 38 Tex. Tech L. Rev. 535 (2006). During this four year period, the Fifth Circuit has considered almost every question of consequence related to the law and practice of arbitration.

Alternative Dispute Resolution, Arbitration, Contracts, Federal Courts, Fifth Circuit

Abstract:
This article's top ten list of developments in international alternative dispute resolution ("ADR") in the 1990's presents an American perspective on what is already a globally recognized form of dispute resolution. This approach reflects the fact that national legal norms are a major determinant in the applicable legal principles and practice used in the international arena. That the topic is ADR rather than just arbitration is itself noteworthy because of international mediation's ascension onto the world's dispute resolution stage; perhaps finally taking its rightful place next to international arbitration. Aside from international mediation's growing popularity, other topics on this top ten list range from the Supreme Court's decision in Vimar Seguros y Reaseguros, S.A. v. M/V Sky Reefer to its decision allowing arbitration of statutory claims; from the creation of a uniform arbitration law based on the Federal Arbitration Act's preemption of state arbitration laws to multi-party proceedings and discovery; from enactment of national arbitration laws based on the UNCITRAL Model Law to recognition and enforcement of arbitration awards that were annulled in the country of issue; from judicial review of arbitration agreements and awards to contractually agreeing to expand judicial review of arbitration awards. However, unlike David Letterman's popular Top Ten List, no particular weight should be given to the order in which these topics are addressed.