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Articles 1 - 30 of 3167
Full-Text Articles in Entire DC Network
Less Litigation, More Business Purpose: Leveraging Dispute Prevention To Preserve Business Relationships, Joan Stearns Johnsen
Less Litigation, More Business Purpose: Leveraging Dispute Prevention To Preserve Business Relationships, Joan Stearns Johnsen
University of Massachusetts Law Review
Strong interorganizational relationships play an essential role in business relationships. Soft skills associated with negotiation and communication are key to dealing with disagreements in these relationships. However, many companies do not invest in these aspects of their business relationships until conflicts arise. Dispute resolution provides helpful processes for managing these disputes, but companies can avoid conflict before it arises by investing in dispute prevention. Dispute prevention represents a change in the existing paradigm, yet it poses numerous benefits. By implementing a dispute prevention mechanism, such as a Standing Neutral, companies can invest in strong interorganizational relationships and improve their ability …
Breaking Ground: Understanding Indigenous Mining Disputes Through Negotiation Theory, Shaadie Ali
Breaking Ground: Understanding Indigenous Mining Disputes Through Negotiation Theory, Shaadie Ali
Minnesota Journal of Law, Science & Technology
No abstract provided.
Lopez V. Cintas Corporation: Another Interstate Headache, Kyle Chrisman
Lopez V. Cintas Corporation: Another Interstate Headache, Kyle Chrisman
Texas A&M Law Review
This Note analyzes a 2022 Fifth Circuit opinion concerning two issues: first, whether local delivery drivers are engaged in interstate commerce, and second, who decides challenges to arbitrability. In Lopez v. Cintas Corporation, the Fifth Circuit first held that local delivery drivers are not engaged in interstate commerce because they do not play a direct and necessary role in interstate commerce. Second, the court held that the arbitrator decides challenges to the validity of arbitrability when the challenge could also, if successful, attack the validity of the entire contract. The Fifth Circuit used incorrect reasoning, overemphasizing the crossing of …
The Intra-Eu Bit Dilemma And The Enforcement Of Awards Outside The Eu: A Solution For Investors After The Cjeu Shut The Door To Their Cases?, Denny Peixoto
Arbitration Law Review
No abstract provided.
Digital Hearings — In Arbitration And Litigation, Colby E. Scott
Digital Hearings — In Arbitration And Litigation, Colby E. Scott
Arbitration Law Review
No abstract provided.
The Multilateral Investment Court: Necessary Isds Reform Or Self-Fulfilling Prophecy?, Fahira Brodlija
The Multilateral Investment Court: Necessary Isds Reform Or Self-Fulfilling Prophecy?, Fahira Brodlija
Arbitration Law Review
No abstract provided.
Reigning In Infinite Consumer Arbitration Agreements: A Comment On The Eleventh Circuit's Calderon V. Sixt Rent A Car, Ava Mccartin
Reigning In Infinite Consumer Arbitration Agreements: A Comment On The Eleventh Circuit's Calderon V. Sixt Rent A Car, Ava Mccartin
Arbitration Law Review
No abstract provided.
Consequences Of The Indian Gaming Regulatory Act On Arbitrability: A Comment On Seneca Nation Of Indians V. New York, Amy Zigarovich
Consequences Of The Indian Gaming Regulatory Act On Arbitrability: A Comment On Seneca Nation Of Indians V. New York, Amy Zigarovich
Arbitration Law Review
No abstract provided.
Federal District Courts May Not Assist Discovery Efforts In Connection With Proceedings Before Arbitral Tribunals Constituted Under The Icsid, Victor De Oliveira Leite
Federal District Courts May Not Assist Discovery Efforts In Connection With Proceedings Before Arbitral Tribunals Constituted Under The Icsid, Victor De Oliveira Leite
Arbitration Law Review
No abstract provided.
Uncompelled: Circuits Split Over The Pre-Hearing Discovery Powers Of Arbitrators, Maya Rashid
Uncompelled: Circuits Split Over The Pre-Hearing Discovery Powers Of Arbitrators, Maya Rashid
Arbitration Law Review
No abstract provided.
Three's A Crowd: The Eu Should Safeguard Against Third-Party Funding, Rita Portenti
Three's A Crowd: The Eu Should Safeguard Against Third-Party Funding, Rita Portenti
Arbitration Law Review
No abstract provided.
Two's Company, Three's A Crowd: An Exploration Of Non-Signatory Parties' Ability To Bring An Action Under Arbitration And Its Impact On International Commercial Arbitration, Amber Zelko
Arbitration Law Review
No abstract provided.
Sovereign Immunity From Execution Of Foreign Arbitral Awards In India: The "New" Kid On The (Super) Pro-Arbitration Block, Ylli Dautaj
Arbitration Law Review
No abstract provided.
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler
Villanova Environmental Law Journal
No abstract provided.
The Judicial Grassroots Of The "Arbitration Revolution", Tamar Meshel
The Judicial Grassroots Of The "Arbitration Revolution", Tamar Meshel
William & Mary Business Law Review
The “arbitration revolution”—the meteoric rise in the use of arbitration in the United States—is commonly imputed to the Supreme Court’s unilateral and ideologically driven expansion of the Federal Arbitration Act (FAA). The portrayal of the FAA’s evolution as a campaign launched by a Supreme Court that is out of touch with society and with the judicial system over which it presides usefully serves to delegitimize both this one-hundred year-old statute and arbitration more generally. This Article argues that the popular description of the Supreme Court as the sole instigator of the “arbitration revolution” is misleading because it conveniently ignores a …
Zf Automotive V. Luxshare: The Supreme Court’S New Gloss On 28 U.S. Code § 1782 And What It Means For International Commercial Arbitration, Madina Lokova
Journal of Dispute Resolution
The federal statute 28 U.S.C. § 1782 (“Section 1782”) allows litigants in foreign proceedings to obtain discovery in the United States, under the broad US discovery rules, for use in such proceedings. Although Section 1782’s use by parties to foreign proceedings has been expanding, there was a split in authority regarding whether the statute was broad enough to permit United States’ courts to authorize discovery for use in private arbitration proceedings overseas.
Strategies For Successful Negotiation Of International Disputes: Positional Bargaining Vs. Principled Negotiation In The Indus Water Treaty Negotiations, Sushant Mahajan
Strategies For Successful Negotiation Of International Disputes: Positional Bargaining Vs. Principled Negotiation In The Indus Water Treaty Negotiations, Sushant Mahajan
Journal of Dispute Resolution
Water is the root of all civilization. Great empires of the past arose around lakes and river systems, from the Yangtze to the Nile to the Tiber. While water resources bolstered the power of world leaders, water mismanagement had the potential to lead to their downfall. Even in modern times, water availability is a significant constraint on development – the magnitude of this constraint is particularly felt in arid and semi-arid regions especially as climate change takes effect. This importance has made water supply a great source of conflict. Though it has been a cause of conflict for centuries, transboundary …
Sunny Days Ahead: Using Adr To Fuel The Future Of Green Energy, Matthew Graham
Sunny Days Ahead: Using Adr To Fuel The Future Of Green Energy, Matthew Graham
Journal of Dispute Resolution
The energy landscape in the United States (“U.S.”) has undergone significant changes in the last few centuries. Energy consumption has increased dramatically as more energy sources have been developed. As one of the world’s leading energy consumers, the U.S. has a large incentive to develop energy solutions that are both sustainable, dependable, and independent of foreign powers. For these reasons, Congress has spent the last few decades passing numerous pieces of legislation encouraging investment in energy solutions that will benefit the U.S. for centuries. With the enactment of the Inflation Reduction Act (“IRA”) of 2022, the U.S. has made its …
Why Removing Institutional Discretion And Applying Restorative Justice To Mediation Could Prove Beneficial To Title Ix Dispute Resolution, Clare Hensley
Journal of Dispute Resolution
University students have often voiced concern that their institution did not do enough in addressing sexual assaults on campus. There is a perception among students and potential victims that there is a culture of ignoring and underreacting to sexual violence on campus. As many as one in five female undergraduate students experience sexual violence during college, but few feel confident enough to report it.
A “Rule Making” Class: The Federal Trade Commission’S Expansive Per Se Ban On Noncompete Clauses: Authority, Enforceability, And The Need For Congressional Action, Nolan Johnson
Journal of Dispute Resolution
A non-compete clause is “an agreement or contract not to interfere or compete with a former employer (as by working with a competitor).” The Federal Trade Commission (“FTC”) has proposed a per se ban on non-compete provisions in employment contracts. This would arguably be the FTC’s second substantive rule under the FTC Act. This substantive rule making departs from the traditional common law style rule-making process in which the courts create antitrust jurisprudence standards. In this way, the FTC has challenged the practice by exploring a new avenue of power under Section 5 of the FTC Act.
Odd One Out: Inconsistency In The Federal Arbitration Act’S Jurisdictional Language, Joshua Long
Odd One Out: Inconsistency In The Federal Arbitration Act’S Jurisdictional Language, Joshua Long
Journal of Dispute Resolution
After almost a century, the Federal Arbitration Act (FAA) continues to guide and change the arbitration landscape. While greater focus has been placed on the FAA’s substantive merits and evolution, the act’s procedural role in outlining the relationship between arbitration and the federal court system plays an equally important role in alternate dispute resolution. Notably, recent concerns regarding inconsistencies in the act’s jurisdictional language may undermine the FAA’s ability to provide a clear, efficient, and fair process for arbitration.
Mandatory Arbitration And Lgbtq+ Hostile Workplace Protections: A Review Of The Ending Forced Arbitration Act, Its Impact, And Implications, Jared E. Munster
Mandatory Arbitration And Lgbtq+ Hostile Workplace Protections: A Review Of The Ending Forced Arbitration Act, Its Impact, And Implications, Jared E. Munster
Journal of Dispute Resolution
In 2022, the 117th Congress amended the Federal Arbitration Act (FAA) in response to widespread public pressure to change the culture of American employment. After years of pervasive sexual harassment across industries, supported by the growth of mandatory, adhesive arbitral agreements in employment contracts, Congress adopted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Ending Forced Arbitration Act”) which rendered unenforceable pre-dispute arbitral agreements for claims of sexual harassment or sexual assault. 1
Legislative Update, Katherine Albers, Lauren Bean, Dillon Dewey, Hannah Jackson, Victoria Mantel
Legislative Update, Katherine Albers, Lauren Bean, Dillon Dewey, Hannah Jackson, Victoria Mantel
Journal of Dispute Resolution
The Legislative Update is compiled and written annually by the Journal of Dispute Resolution’s Associate Members under the direction of the Associate Editor in Chief. It is designed to provide readers with a listing of pertinent legislation affecting the field of alternative dispute resolution (“ADR”) and a more detailed look at certain bills because of their importance or novelty within the field.
Ending The Epidemic Of Accidental Personality Disorder Discrimination By Well-Meaning Mediators, Dan Berstein, Hannah Diamond, Philip T. Yanos
Ending The Epidemic Of Accidental Personality Disorder Discrimination By Well-Meaning Mediators, Dan Berstein, Hannah Diamond, Philip T. Yanos
Journal of Dispute Resolution
People who have or appear to have mental disorders encounter rampant bias and stigma, including from mediators. This article focuses on some of the most heavily stigmatized mental health problems - personality disorders - and how some mediators discriminate against parties based on their guesses and assumptions that those parties may have these conditions.