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Articles 1 - 30 of 105
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The Oecd Multilateral Tax Instrument: A Model For Reforming The International Investment Regime?, Wolfgang Alschner
The Oecd Multilateral Tax Instrument: A Model For Reforming The International Investment Regime?, Wolfgang Alschner
Brooklyn Journal of International Law
The international tax and investment regimes display striking similarities. They are both based on thousands of bilateral treaties that follow similar principles but differ in fine print. They each facilitate the free flow of international capital by respectively disciplining fiscal and regulatory host state conduct. Finally, they share common historical foundations and have experienced similar periods of rapid diffusion and deep contestation. Yet, while the international tax regime recently accomplished a sweeping reform to solve a decades-old legitimacy crisis, the investment regime is still grappling with its own legitimacy crisis and reform. In 2018, the multilateral tax instrument (MLI) entered …
Sovereign Immunity For Russia's Rocket Engines? Enforcing The "Yukos" Award, Evan Drake
Sovereign Immunity For Russia's Rocket Engines? Enforcing The "Yukos" Award, Evan Drake
Brooklyn Journal of International Law
In 2003 Yukos Oil Company was once the largest oil company in Russia, and its oligarch CEO was Russia’s richest man. By 2007 Yukos had been dissolved, its CEO arrested, and its assets acquired by Russian state oil giants Rosneft and Gazprom. The fall of Yukos triggered what may be the largest arbitral dispute of all time. In 2014, the former shareholders of Yukos successfully won a $50 billion award against Russia for violations of the Energy Charter Treaty – by far the largest in history. Now the shareholders need to collect. This Note examines how Yukos could enforce its …
Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina
Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina
Brooklyn Journal of International Law
Third-party funding in global commerce and dispute resolution has gained considerable traction in the last few decades. The rise in complex international arbitration cases has encouraged a demand for third-party funding arrangements since the disputes involve large amounts of money in addition to high legal costs. This Note explores the implications of third-party funding on the practice of international arbitration, particularly with the expansion of arbitral institutions’ doctrinal rules to address the use of third-party funding. Much of the pre-existing research and literature highlights the issues that third-party funding poses in international arbitration proceedings, but fails to consider a broader, …
Rethinking Adjudicative Jurisdiction In International Law, Satya T. Mouland
Rethinking Adjudicative Jurisdiction In International Law, Satya T. Mouland
Washington International Law Journal
The contribution of national courts to international law has long been doubted in the international law literature. As an aspect of the state’s power to prescribe, courts have been conceived as organs that merely apply the state’s laws, which may give effect to an international law norm. According to this conception, national courts merely apply and operate within the state’s national legal system and rarely have a direct contribution to international law. However, in enforcement proceedings for international arbitral awards, arising at the intersection between the law of state immunity and the law governing the enforcement of arbitral awards, a …
Hybrid Dispute Resolution Beyond The Belt And Road: Toward A New Design Of Chinese Arb-Med(-Arb) And Its Global Implications, Weixia Gu
Washington International Law Journal
Arb-med is a form of hybrid dispute resolution that combines an adjudicative approach (arbitration) with a non-adjudicative approach (mediation). Dispute resolution clauses requiring arb-med will assume a popular role in resolving disputes that arise under China’s Belt and Road Initiative. This article argues that China should regulate arb-med in a way to reconcile local practices (mediation) with international expectations (arbitration) in context of the BRI. As an economic bloc proposed by China, the BRI development has the potential to promote dispute resolution means with Chinese characteristics such as arb-med. Global comparative study of leading arbitration jurisdictions in the East and …
Confidentiality Agreements: The Florida Sunshine In Litigation Act, The #Metoo Movement, And Signing Away The Right To Speak, Loune-Djenia Askew
Confidentiality Agreements: The Florida Sunshine In Litigation Act, The #Metoo Movement, And Signing Away The Right To Speak, Loune-Djenia Askew
University of Miami Race & Social Justice Law Review
No abstract provided.
Foreign Arbitral Awards And The Second Circuit: Enforcement Considerations For Annulments, Calvin Jonker
Foreign Arbitral Awards And The Second Circuit: Enforcement Considerations For Annulments, Calvin Jonker
The Journal of Business, Entrepreneurship & the Law
Many international business transactions integrate an arbitration clause into the agreement as companies choose to keep potential disputes out of the court systems. Enforcement of the awards rendered pursuant to such agreements is straightforward in the United States thanks to the Federal Arbitration Act, as long as the United States is the forum for the arbitration proceeding. Even if the forum is outside of U.S. jurisdiction, several treaties, namely the Panama Convention and the New York Convention, provide for recognition of a foreign arbitrated award by U.S. courts, as well as recognition by U.S. courts of any annulment or suspension …
Arbitration Agreements – What Is The Employee Actually Signing Up For?, Kennedy Poe
Arbitration Agreements – What Is The Employee Actually Signing Up For?, Kennedy Poe
The Journal of Business, Entrepreneurship & the Law
This note will examine the various effects and implications the Supreme Court’s decision concerning the legality of class action waivers within employee-employer contracts will have on employers, employees, and the contracts made between them. Part I will identify class action waivers within an employment contract’s arbitration agreement and will further elaborate upon the legal implications of such waivers being present in the contract. Part II will then discuss the history of the NLRA and assess its present-day role in employee–employer contract formation, in order to provide clarity as to the dispute that has arisen between the NLRA and class action …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Mediation And Millennials: A Generational Shift In Dispute System Preferences, Shawna Benston, Brian Farkas
Mediation And Millennials: A Generational Shift In Dispute System Preferences, Shawna Benston, Brian Farkas
Pace Law Review
Millennials have been the subject of intense media scrutiny for more than a decade. Studies have examined their social, financial, technological, and work habits. However, few studies have examined this generation’s attitudes or proclivities towards civil litigation. Such an examination presents two problems: First, the absence of data on litigants’ age makes an empirical study virtually impossible. Second, generalizations about an entire generation are inherently problematic, glossing over countless cultural, economic, familial, and demographic differences. Nevertheless, this Article argues that millennials’ experiences and educations have primed them, at the margins, to avoid litigation more than prior generations. Instead, this generation …
Due Process Supreme Court Appellate Division Third Department
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division Second Department
Due Process Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian
Georgia Journal of International & Comparative Law
No abstract provided.
Recent Developments, Raelynn J. Hillhouse
Why Mediation & “Sorry” Make Sense: Apology Statutes As A Catalyst For Change In Medical Malpractice, Zaina Afrassiab
Why Mediation & “Sorry” Make Sense: Apology Statutes As A Catalyst For Change In Medical Malpractice, Zaina Afrassiab
Journal of Dispute Resolution
Children are taught the most basic common courtesy, apologizing, not long after they learn to speak. While children are expected to say, “I’m sorry,” there are different expectations of and consequences for adults, particularly in professional settings. “As we age, it becomes more difficult to acknowledge harms caused because . . . we are . . . afraid of the consequences that truth-telling sometimes demands.” Can physicians tell patients they are sorry? Should they? In recent years, amidst an ever-increasing fear of litigation, so-called physician apology laws have gained traction in the United States. In fact, apology laws—revisions of state …
Epic Systems Corp. V. Lewis: Singled Out By Corporations And A Textualist Supreme Court, American Workers Are Left To Fend For Themselves, Grace O'Malley
Epic Systems Corp. V. Lewis: Singled Out By Corporations And A Textualist Supreme Court, American Workers Are Left To Fend For Themselves, Grace O'Malley
Maryland Law Review
No abstract provided.
Malaysia Historical Salvors Revisited:, John P. Given
Malaysia Historical Salvors Revisited:, John P. Given
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Blockchain And The Inevitability Of Disputes: The Role For Online Dispute Resolution, Orna Rabinovich-Einy, Ethan Katsch
Blockchain And The Inevitability Of Disputes: The Role For Online Dispute Resolution, Orna Rabinovich-Einy, Ethan Katsch
Journal of Dispute Resolution
Blockchain seems to be everywhere these days. It is touted as the new foolproof technology, which can be used for everything from cryptocurrencies, through land registries to identity cards and health records. Enthusiasts have predicted that it will bring about deep change, ensuring data security and identity authentication, while doing away with traditional intermediaries. With blockchain we are told that it is the “new internet,” an application that will change the way we transact—strengthening commitments and ensuring seamless execution. At the same time, and at an alarming frequency, we hear about mass scale fraudulent schemes attacking cryptocurrency exchanges, resulting in …
Designing And Implementing A State Court Odr System: From Disappointment To Celebration, David Allen Larson
Designing And Implementing A State Court Odr System: From Disappointment To Celebration, David Allen Larson
Journal of Dispute Resolution
State court systems rather suddenly are showing a tremendous interest in adopting court-integrated ODR systems. I have been involved with ODR system design for almost twenty years, and for the great majority of that time all the significant progress came from independent private sector alternative dispute resolution providers such as Modria (now part of Tyler Technologies Inc) and SmartSettle, or business-specific embedded systems like the one for eBay. Courts systems now are increasingly interested in ODR, which is significant because sustainability has been one of the greatest challenges for private independent ODR providers. The financial support that a judicial system …
“I Like You When You Are Silent”: The Future Of Ndas And Mandatory Arbitration In The Era Of #Metoo, Jonathan Ence
“I Like You When You Are Silent”: The Future Of Ndas And Mandatory Arbitration In The Era Of #Metoo, Jonathan Ence
Journal of Dispute Resolution
On October 5, 2017, the New York Times published an exposé of Harvey Weinstein, an influential film producer, which sparked what came to be known as the #METOO movement. As part of the report, Ashley Judd and numerous other actresses outed Weinstein for using his position of power to rape, sexually assault, and sexually abuse them–accusations that spanned over thirty years. Inspired by the courage of these women, countless others came forward to share their stories of sexual assault by individuals in positions of power. Survivors of sexual assault appeared to garner strength against their attackers as men in power …
Mind The Gap: Bringing Technology To The Mediation Table, Alyson Carrel, Noam Ebner
Mind The Gap: Bringing Technology To The Mediation Table, Alyson Carrel, Noam Ebner
Journal of Dispute Resolution
As technology impacts every aspect of our lives, all professions are exploring how to benefit from use of technology. Mediation is no exception. Since the mid-1990s, the field has explored applying technology to resolve conflict. At an early point this exploration narrowed in on substituting physical convening with wholly-online processes. Conflating “technology” with “online,” however, left an entire practice area unaddressed, a gap we need to mind: application of technology to support traditional, in-person mediation processes. Indeed, today, most mediation processes are largely bereft of technology. This Article suggests that by not minding the gap, traditional mediation forgoes opportunities to …
Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule
Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule
Journal of Dispute Resolution
Smart contracts built in the blockchain are quietly revolutionizing traditional transactions despite their questionable status under current law. At the same time, disputes regarding smart contracts are inevitable, and parties will need means for dealing with smart contract issues. This Article tackles this challenge, and proposes that parties turn to online dispute resolution (“ODR”) to efficiently and fairly resolve smart contract disputes. Furthermore, the Article acknowledges the benefits and challenges of current blockchain ODR start-ups, and proposes specific ideas for how designers could address those challenges and incorporate ODR to provide just resolutions that will not stymie efficiencies of smart …
E-Nudging Justice: The Role Of Digital Choice Architecture In Online Courts, Ayelet Sela
E-Nudging Justice: The Role Of Digital Choice Architecture In Online Courts, Ayelet Sela
Journal of Dispute Resolution
Justice systems around the world are launching online courts and tribunals as a means to improve their efficiency, increase access to justice, and ameliorate the quality of proceedings. These online courts and tribunals are publicly administered judicial online dispute resolution (ODR) systems that enable litigants, lawyers, judges and court personnel to complete all litigation related activities, from filing through final disposition, on a dedicated digital platform. Online courts are envisioned as a promising response to many challenges that civil justice systems face, including those stemming from voluminous case filings, procedural complexity, limited accessibility, high costs of litigation, and the ubiquity …
Mandatory Arbitration Clauses For Shareholders: An Efficient Solution Or An Unconscionable Change?, George Fowler
Mandatory Arbitration Clauses For Shareholders: An Efficient Solution Or An Unconscionable Change?, George Fowler
Journal of Dispute Resolution
While speaking before the Heritage Foundation in the summer of 2017, Michael Piwowar, Commissioner of the SEC, sparked controversy when he mentioned that companies undertaking IPOs may have an option to include mandatory shareholder arbitration provisions. Following this statement, he went as far as suggesting that companies that have considered undertaking IPOs should “come to us to ask for relief to put in mandatory arbitration into their charters.” This “relief” refers to “the SEC … revers[ing] its position that arbitration violates the Securities and Exchange Act of 1934, bringing the commission back in line with current Supreme Court precedent.” While …
Masthead & Table Of Contents, Carson W. Bennett
Masthead & Table Of Contents, Carson W. Bennett
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Judicial And Practitioner Perspectives On Adr, Young Hye Chun
Judicial And Practitioner Perspectives On Adr, Young Hye Chun
Pepperdine Dispute Resolution Law Journal
No abstract provided.