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Full-Text Articles in Law
The Use Of Alternative Dispute Resolution To Reduce The Perception Of Partiality In The Courts, In Order To Encourage International Entrepreneurship In Countries With National Ownership Requirements, Daniela Romagnoli
Pepperdine Dispute Resolution Law Journal
Countries that require international entrepreneurs to have a national partner (national ownership requirements (NOR)) in order to open up a new venture within their borders, run the risk of becoming less desirable to do business in. One reason for this is that some investors and international entrepreneurs may be wary of possible conflict being solved in a court system that shows a positive bias towards its citizens. This paper looks at the experiences of five international entrepreneurs involved in small and medium-size enterprises (SMEs) in Kenya and explores how their experiences have become a warning to others who see potential …
Compelling Parties To Mediate Investor-State Disputes: No Pressure, No Diamonds?, James M. Claxton
Compelling Parties To Mediate Investor-State Disputes: No Pressure, No Diamonds?, James M. Claxton
Pepperdine Dispute Resolution Law Journal
There was nothing preordained about arbitration becoming shorthand for investor-state dispute settlement. The ICSID system was built on the assumption that disputing parties would choose conciliation to settle their disputes. Those expectations went unrealized as arbitration rose to prominence, and since that time institutions, parties, and academics have observed that facilitated negotiation could play a greater role in resolving investor-state disputes. A number of domestic court systems have made mediation part of the fabric of dispute resolution through incentives and compulsions to mediate. Drawing on this experience, this manuscript considers how obstacles to the uptake of investor-state mediation might be …
Human Rights The "Asean Way": Exploring The Possibilities For A Regional Adr And Adjudicative Body In Southeast Asia, Mariam Sarwar
Human Rights The "Asean Way": Exploring The Possibilities For A Regional Adr And Adjudicative Body In Southeast Asia, Mariam Sarwar
Loyola of Los Angeles Law Review
No abstract provided.
Alternative Dispute Resolution In Africa: Is Adr The Bridge Between Traditional And Modern Dispute Resolution?, Catherine Price
Alternative Dispute Resolution In Africa: Is Adr The Bridge Between Traditional And Modern Dispute Resolution?, Catherine Price
Pepperdine Dispute Resolution Law Journal
This article advocates for using Ghana’s introduction of ADR as a model for other African countries. Like Ghana, most African countries have adopted a form of ADR based on Western nations; however, as African culture and legal systems are quite different than Western culture, modifications are necessary. Ghana’s experience shows that modern ADR can be adopted into African countries, but an understanding of the traditional mechanisms is necessary. Part II of this article provides an introduction of ADR and its historical context in Africa. Part III examines customary and modern dispute resolution. It looks at the relationship between the two …
The Cfpb Anti-Arbitration Proposal: Let's Just Give Arbitration A Chance., Ramona L. Lampley
The Cfpb Anti-Arbitration Proposal: Let's Just Give Arbitration A Chance., Ramona L. Lampley
St. Mary's Law Journal
Abstract forthcoming.
Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller
Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller
Pepperdine Law Review
No abstract provided.
Examining Alternative Dispute Resolution In The International Business Domain, Reyburn W. Lominack Iii
Examining Alternative Dispute Resolution In The International Business Domain, Reyburn W. Lominack Iii
South Carolina Journal of International Law and Business
No abstract provided.
"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar
"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar
Penn State International Law Review
This article examines the influence Chinese attitudes toward law have upon the various methods of dispute resolution in United States-China trade. It concludes that, although reasonably effective mechanisms for the resolution of disputes are available, the primary emphasis of counsel should be to prevent the dispute from occurring through promoting informed negotiation of the original contract.