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Full-Text Articles in Law

Community-Investor Environmental Conflicts: Should And Could They Be Arbitrated?, Ciprian N. Radavoi Jan 2016

Community-Investor Environmental Conflicts: Should And Could They Be Arbitrated?, Ciprian N. Radavoi

South Carolina Journal of International Law and Business

Communities that do not consent to noxious environmental projects have access to negotiation and mediation as alternative dispute resolution (ADR) tools. The absence of arbitration from the list of available ADR mechanisms cripples the process of investor community engagement. This paper proposes "Community-Investor Environmental Arbitration" (CIBA) as prospective interest arbitration meant to establish long-term agreement between the parties to contentious environmental projects, similar to the role played in the U.S. by arbitration used in cases of deadlocks in collective labor agreement bargaining. The first part of the paper discusses normative, procedural, and instrumental factors that make CIEA desirable; also, it …


Examining Alternative Dispute Resolution In The International Business Domain, Reyburn W. Lominack Iii Jan 2003

Examining Alternative Dispute Resolution In The International Business Domain, Reyburn W. Lominack Iii

South Carolina Journal of International Law and Business

No abstract provided.


Expanding The Reach Of Alternative Dispute Resolution In Bankruptcy: The Legal And Practical Bases For The Use Of Mediation And Other Forms Of Adr, Ralph R. Mabey, Charles J. Tabb, Ira S. Dizengoff Jul 1995

Expanding The Reach Of Alternative Dispute Resolution In Bankruptcy: The Legal And Practical Bases For The Use Of Mediation And Other Forms Of Adr, Ralph R. Mabey, Charles J. Tabb, Ira S. Dizengoff

South Carolina Law Review

No abstract provided.