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International Arbitration, Sujey Herrera, Marcus Quintanilla, Martine Forneret, Emily Scherker, Jeffrey Rosenthal, James A. Egerton-Vernon, Richard Deutsch, Ranjan Agarwal, Félix Poggio, Rafael Pereyra Zorraquin, Joyce Fong, Dan Perera, Rong Gu, Helen Tang, Weina Ye, Timur Ibrahim Sen, Andrew White, Jayesh H, Dawn Yamane Hewett, Julianne Jaquith, Chelsea Pollard, Ibrahim Sattout, Adnan Gaafar, Myriam Khedair, James Boykin, Stijn Winters, Amanda Lee, Peter Ashford, Sabrina Janzik, Christina Nitsche, Gerard Meijer, Valerie Verberne, Markian Malskyy, Oksana Karel, Daryna Hrebeniuk, Keara A. Bergin, Christopher P. Denicola
International Arbitration, Sujey Herrera, Marcus Quintanilla, Martine Forneret, Emily Scherker, Jeffrey Rosenthal, James A. Egerton-Vernon, Richard Deutsch, Ranjan Agarwal, Félix Poggio, Rafael Pereyra Zorraquin, Joyce Fong, Dan Perera, Rong Gu, Helen Tang, Weina Ye, Timur Ibrahim Sen, Andrew White, Jayesh H, Dawn Yamane Hewett, Julianne Jaquith, Chelsea Pollard, Ibrahim Sattout, Adnan Gaafar, Myriam Khedair, James Boykin, Stijn Winters, Amanda Lee, Peter Ashford, Sabrina Janzik, Christina Nitsche, Gerard Meijer, Valerie Verberne, Markian Malskyy, Oksana Karel, Daryna Hrebeniuk, Keara A. Bergin, Christopher P. Denicola
The Year in Review
No abstract provided.
International Arbitration, Manuel Liatowitsch, Jonathan Blank, Jeffrey Rosenthal, Martine Forneret, Emily Scherker, Peter Ashford, Sabrina Janzik, Julianne Jaquith, Dawn Yamane Hewett, Rebecca Soquier, Helen Tang, Branda Horrigan, Anne Hoffman, Mitchell Dearness, Markus Schifferl, Christopher Boog, Benjamin Gottlieb, Diepiriye Anga, Sergey Morozov, Markian Malskyy, Oksana Karel, Anowar Zahid, Chad Catterwell, Cyril Cotterall-Debay, William Langran, Timur I. Sen, Keara A. Bergin, Christopher P. Denicola
International Arbitration, Manuel Liatowitsch, Jonathan Blank, Jeffrey Rosenthal, Martine Forneret, Emily Scherker, Peter Ashford, Sabrina Janzik, Julianne Jaquith, Dawn Yamane Hewett, Rebecca Soquier, Helen Tang, Branda Horrigan, Anne Hoffman, Mitchell Dearness, Markus Schifferl, Christopher Boog, Benjamin Gottlieb, Diepiriye Anga, Sergey Morozov, Markian Malskyy, Oksana Karel, Anowar Zahid, Chad Catterwell, Cyril Cotterall-Debay, William Langran, Timur I. Sen, Keara A. Bergin, Christopher P. Denicola
The Year in Review
No abstract provided.
International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Martine Forneret, Emily Scherker, Peter Ashford, Sabrina Janzik, Matthew J. Weldon, Robert L. Houston, Christopher Boog, Benjamin Gottlieb, Gerard Meijer, Valerie Verberne, Michael Nueber, Alexander Bezborodov, Sergey Morozov, Bruno Guandalini, Hans-Christian Salger, Thomas Försterling, Diepiriye Anga, Sae Youn Kim, Andrew White, Anne Hoffmann, Chad Catterwell, Cyril Cotterall-Debay, William Langran, Timur I. Sen, Helen Tang, Rebecca Soquier, Tracey Cui, Briana Young, Jonathan Blank, Guido Carducci, Clifford J. Hendel, Tamari J. Lagvilava, Keara A. Bergin, Christopher P. Denicola
International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Martine Forneret, Emily Scherker, Peter Ashford, Sabrina Janzik, Matthew J. Weldon, Robert L. Houston, Christopher Boog, Benjamin Gottlieb, Gerard Meijer, Valerie Verberne, Michael Nueber, Alexander Bezborodov, Sergey Morozov, Bruno Guandalini, Hans-Christian Salger, Thomas Försterling, Diepiriye Anga, Sae Youn Kim, Andrew White, Anne Hoffmann, Chad Catterwell, Cyril Cotterall-Debay, William Langran, Timur I. Sen, Helen Tang, Rebecca Soquier, Tracey Cui, Briana Young, Jonathan Blank, Guido Carducci, Clifford J. Hendel, Tamari J. Lagvilava, Keara A. Bergin, Christopher P. Denicola
The Year in Review
No abstract provided.
International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Christopher P. Denicola, Elizabeth M. Hanly, Mauricio Becerra De La Roca Donoso, Diepiriye Anga, James Menz, Guido Carducci, Medhavi Singh, Hanns-Christian Salger, Luping Zhang, Adam Al-Sarraf, Bruno Guandalini, Clifford J. Hendel, Tamari J. Lagilava
International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Christopher P. Denicola, Elizabeth M. Hanly, Mauricio Becerra De La Roca Donoso, Diepiriye Anga, James Menz, Guido Carducci, Medhavi Singh, Hanns-Christian Salger, Luping Zhang, Adam Al-Sarraf, Bruno Guandalini, Clifford J. Hendel, Tamari J. Lagilava
The Year in Review
No abstract provided.
Taxing Employers For Imposing Mandatory Arbitration, Class Action Waiver, And Nondisclosure Of Dispute Provisions, Rebecca N. Morrow
Taxing Employers For Imposing Mandatory Arbitration, Class Action Waiver, And Nondisclosure Of Dispute Provisions, Rebecca N. Morrow
SMU Law Review
Employers impose coercive dispute resolution terms on their employees more frequently, more broadly, and with greater legal success than ever before. Recent survey data indicates that mandatory employment arbitration provisions bind more than 60 million American workers—over half of the U.S. private-sector nonunion workforce. Employment class action waivers bind nearly 25 million American workers. In 2018, the Supreme Court held 5–4 that mandatory arbitration provisions and class action waivers imposed by employers on their employees do not violate the National Labor Relations Act. These terms prohibit employees from exposing employer wrongdoing in open court, bar employees with valid wage and …
Arbitration, John Allen Chalk
Arbitration, John Allen Chalk Sr.
Arbitration, John Allen Chalk
The State Of Investor-State Arbitration: A Reality Check Of The Issues, Trends, And Directions In Asia-Pacific, Julien Chaisse, Rahul Donde
The State Of Investor-State Arbitration: A Reality Check Of The Issues, Trends, And Directions In Asia-Pacific, Julien Chaisse, Rahul Donde
The International Lawyer
No abstract provided.
When Contractual Good Faith Meets A Controversial M&A Issue: The Sandbagging Practice In International Arbitration, Maxime Panhard
When Contractual Good Faith Meets A Controversial M&A Issue: The Sandbagging Practice In International Arbitration, Maxime Panhard
The International Lawyer
No abstract provided.
Rule Of Law In The U.A.E.: The Peaceful Path To Nation-Building In Abu Dhabi And The U.A.E. Through Global Best Practices, Valerie J. Pelton
Rule Of Law In The U.A.E.: The Peaceful Path To Nation-Building In Abu Dhabi And The U.A.E. Through Global Best Practices, Valerie J. Pelton
The International Lawyer
No abstract provided.
Alternative Dispute Resolution, Will Pryor
Alternative Dispute Resolution, Will Pryor
SMU Annual Texas Survey
No abstract provided.
Do Alternative Dispute Resolution Procedures Disadvantage Women And Minorities?, Charles Craver
Do Alternative Dispute Resolution Procedures Disadvantage Women And Minorities?, Charles Craver
SMU Law Review
When different legal controversies arise, parties frequently employ alternative dispute resolution procedures to resolve them. Yet some members of ethnic minority groups and women may seek judicial proceedings out of a concern that their ethnicity or gender may undermine their ability to achieve beneficial bargaining outcomes through ADR. This article addresses the real and perceived challenges of ethnic minorities and women in ADR. It draws upon decades of research into dispute resolution bargaining processes to illustrate that most traits associated with ethnicity and gender are irrelevant today with respect to ADR. When persons are taught even minimally about the bargaining …
Reconsidering Prejudice In Alternative Dispute Resolution For Black Work Matters, Michael Z. Green
Reconsidering Prejudice In Alternative Dispute Resolution For Black Work Matters, Michael Z. Green
SMU Law Review
In the 1985 foundational article Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution, Richard Delgado and his co-authors identified major concerns with the growing use of alternative dispute resolution (ADR) to resolve disputes involving people of color. The seminal findings from that article highlighted the power differentials exacerbated by informal dispute resolution, and the article contributed immediately to a surge of robust critiques of the increasing use of alternative dispute resolution for those most vulnerable in our society.
More than thirty years after the Delgado article, a community of respected and prominent ADR and discrimination …
Critical Procedure: Adr And The Justices’ “Second Wave” Constriction Of Court Access And Claim Development, Eric K. Yamamoto
Critical Procedure: Adr And The Justices’ “Second Wave” Constriction Of Court Access And Claim Development, Eric K. Yamamoto
SMU Law Review
Expansive alternative dispute resolution (ADR) was the centerpiece of efficiency-based procedural reforms in the 1980s and early 1990s. ADR and other reforms collectively altered the litigation landscape, at times for the better. Yet some scholars raised early questions about ADR’s effect on systemic litigation fairness and the ability of the disenfranchised to assert and maintain claims in court. Amid second wave procedural changes, commencing around the mid-2000s, a Justice Scalia-led majority significantly expanded the grasp of compelled, private, and individualized arbitration. Under the shroud of efficiency, that Court majority imposed those second wave changes by judicial fiat, bypassing formal rulemaking. …
Do You Believe In Magic?: Self-Determination And Procedural Justice Meet Inequality In Court-Connected Mediation, Nancy Welsh
Do You Believe In Magic?: Self-Determination And Procedural Justice Meet Inequality In Court-Connected Mediation, Nancy Welsh
SMU Law Review
Proponents of the “contemporary mediation movement” promised that parties would be able to exercise self-determination as they participated in mediation. When courts began to mandate the use of mediation, commentators raised doubts about the vitality of self-determination. Though these commentators also suggested a wide variety of reforms, few of their proposals have gained widespread adoption in the courts.
Ensuring the procedural justice of mediation represents another means to ensure self-determination. If mediation provides parties with the opportunity to exercise voice, helps them demonstrate that they have considered what each other had to say, and treats them in an even-handed and …
The Lost Promise Of Arbitration, Sarah Rudolph Cole
The Lost Promise Of Arbitration, Sarah Rudolph Cole
SMU Law Review
This article disputes the notion that arbitration, a historically informal process, tends to disadvantage minority disputants or provide them with quick decisions tainted by prejudice. Responding to Richard Delgado’s seminal work, Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution, this article attempts to shed greater light on the benefits of modern arbitration for minority disputants. Although still capable of improvement, arbitration may well provide greater protections to minority disputants than does litigation. Since Delgado first wrote his article, the use of arbitration as a primary dispute resolution mechanism has increased dramatically, particularly among businesses and …
Influence Of The Arbitral Seat In The Outcome Of An International Commercial Arbitration, Gonzalo Vial
Influence Of The Arbitral Seat In The Outcome Of An International Commercial Arbitration, Gonzalo Vial
The International Lawyer
No abstract provided.
Negotiating While Female, Andrea Kupfer Schneider
Negotiating While Female, Andrea Kupfer Schneider
SMU Law Review
Why are women paid less than men? Prevailing ethos conveniently blames the woman and her alleged inability to negotiate. This article argues that blaming women for any lack of negotiation skills or efforts is inaccurate and that prevailing perceptions about women and negotiation are in-deed myths. The first myth is that women do not negotiate. While this is true in some lab studies and among younger women, more recent workplace data calls this platitude into question. The second myth is that women should avoid negotiations because of potential backlash. Although women in leadership do face an ongoing challenge to be …
Dispute System Design And Bias In Dispute Resolution, Lisa Blomgren Amsler, Alexander B. Avtgis, Michael Scott Jackman
Dispute System Design And Bias In Dispute Resolution, Lisa Blomgren Amsler, Alexander B. Avtgis, Michael Scott Jackman
SMU Law Review
This article examines the role of mediator race and gender in perceptions of procedural justice as measure of accountability and representative bureaucracy in a national mediation program for complaints of employment discrimination at a large federal organization, the United States Postal Service. Mediation represents a forum of accountability in which employees may hold an employer accountable for violating federal law prohibiting forms of employment discrimination, in this case, race discrimination, sex discrimination, and sexual harassment. Representative bureaucracy theory suggests passive or symbolic representation when the demographics of public officials should mirror those of the public they serve. Some research suggests …
Alternative Dispute Resolution: A Critical Reconsideration, Richard Delgado
Alternative Dispute Resolution: A Critical Reconsideration, Richard Delgado
SMU Law Review
No abstract provided.
Contextual Analysis In Arbitration, Pat K. Chew
Contextual Analysis In Arbitration, Pat K. Chew
SMU Law Review
The arbitration process is embedded in a much larger context than the four walls in which the arbitration occurs. Exploring and studying that context—including the arbitral institution, the arbitrators, each party, the arbitration process, and the broader cultural and political environment—inform what actually occurs and to what extent one party may have inherent advantages over the other. This article illustrates this contextual analysis in two diverse settings: domestic employment arbitrations and international trade arbitrations. These analyses reveal one party’s advantages over the other, which are explained in part by market and cultural forces in which these arbitrations are embedded. Interdisciplinary, …
Does Alternative Dispute Resolution Facilitate Prejudice And Bias? We Still Don’T Know, Gilat J. Bachar, Deborah R. Hensler
Does Alternative Dispute Resolution Facilitate Prejudice And Bias? We Still Don’T Know, Gilat J. Bachar, Deborah R. Hensler
SMU Law Review
By the time Professor Richard Delgado and his colleagues wrote their seminal article on the risk of alternative dispute resolution (ADR) facilitating prejudice, ADR programs were well-established in the United States, supported by legislative and court mandates, private contracts, and U.S. Supreme Court decisions. Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution and Delgado’s subsequent review article, ADR and the Dispossessed: Recent Books About the Deformalization Movement, were cited hundreds of times by scholars and practitioners but did little to stop the movement to substitute mediation, arbitration, and other dispute resolution procedures for public adjudication. …
Implicit Bias And Prejudice In Mediation, Carol Izumi
Implicit Bias And Prejudice In Mediation, Carol Izumi
SMU Law Review
Mediators aspire and endeavor to meet their ethical duty of “neutrality” in mediation. Yet their ability to actually conduct mediations without bias, prejudice, or favoritism toward any party is extraordinarily difficult, if not impossible. Research shows that unconscious mental processes involving stereotypes and attitudes affect our judgments, perceptions, and behavior toward others. Implicit bias, the automatic association of stereotypes and attitudes with social groups, may produce discriminatory responses toward parties despite a mediator’s best efforts at creating an outwardly even-handed process. Even the most well-intentioned and egalitarian mediators must actively engage in bias reduction strategies to mitigate prejudice in mediation.
Promotion Of Green Electricity And International Dispute Settlement: Trade And Investment Issues, Sherzod Shadikhodjaev
Promotion Of Green Electricity And International Dispute Settlement: Trade And Investment Issues, Sherzod Shadikhodjaev
The International Lawyer
The issue of greater utilization of renewables in energy supply-mix has become a priority environmental agenda in many countries. Feed-in incentives, quota schemes, public tenders and net metering are common support programmes that are designed to encourage the production and consumption of electricity generated from renewable energy sources. Promotion policies of this kind have provoked a number of international disputes at both global and regional levels. This article examines disputes brought to the World Trade Organization (WTO), the Court of Justice of the European Union (“Court of Justice”) and investor-state tribunals, and explores some intersectional implications and comparisons for the …
International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Christopher P. Denicola, Elizabeth M. Hanly, Mauricio Becerra De La Roca Donoso, Diepiriye Anga, James Menz, Guido Carducci, Medhavi Singh, Hanns-Christian Salger
International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Christopher P. Denicola, Elizabeth M. Hanly, Mauricio Becerra De La Roca Donoso, Diepiriye Anga, James Menz, Guido Carducci, Medhavi Singh, Hanns-Christian Salger
The International Lawyer
No abstract provided.