Law Commons^™

The Issues Of Access To Justice In The Case Of Dispute Resolution Within The Indigenous Community Of Tulehu, Central Maluku, Lidwina Inge Nurtjahyo

Indonesia Law Review

This study is aimed to analyze how customary law is practiced in strategizing dispute settlement among the villagers. In some cases, the parties who had the disputes brought their cases to the non states intermediaries to give the best remedies that fulfill their own senses of justice. As we know in the Access to Justice approaches, the disputes could be solved not only using both with state law and non-state law. These facts showed how people doing law community members in relation to dispute resolution mechanism based on customary law from the perspective of access to justice. By applying customary …

Reflecting On Appeals On Questions Of Law Arising Out Of Domestic Arbitration Awards, Darius Chan, Paul Tan

Research Collection Yong Pung How School Of Law

Domestic arbitration awards rendered under the Arbitration Act (Cap 10, 2002 Rev Ed) (“the Act”) can be subject to appeal on a question of law arising out of an award. Unless parties consent, an appeal can only be brought with the leave of court.

Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

Jamhuri ya Muungano wa Tanzania ni nchi iliyotokana na nchi mbili za Tanganyika na Zanzibari mwaka 1964, tangu uhuru wa Tanganyika 1961 na uhuru wa Zanzibari 1963 pamekuwapo na maendeleo ya kikatiba kwa upande wa Muungano na kwa Zanzibari ambayo hatuna budi kuyatazama kwa mapana yake hasa juu ya ushirikishwaji wa watu katika kuzipata katiba hizi.

Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

Investment Treaty Disputes: Ideological Fault Lines And An Evolving Zeitgeist, Locknie Hsu

Research Collection Yong Pung How School Of Law

The zeitgeist of the 21st century in the field of investment treaty arbitrations comprises a rise in the number of such arbitrations and accompanying observations on the unwieldy jurisprudential effects of such a rise. The international investment arbitration community is alive with discussion over these effects, which discussion includes an examination of the value of prior awards as precedents.' The existing regime based on treaty interpretation clearly provides no formal system of precedent and the 'players' (read: arbitrators) change from dispute to dispute as investment arbitration tribunals do not fall within a single, neat judicial hierarchical system. With the number …

Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii

Buffalo Law Review

No abstract provided.

Judges Mediate And Do Other Things – Whether We Like It Or Not, Nadja Alexander

Research Collection Yong Pung How School Of Law

This post on the Kluwer Mediation Blog focuses on active judges who mediate or engage in some type of mediative intervention and explains the developing field of judicial dispute resolution (JDR).

Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders, Michael A. Helfand

Michael A Helfand

This Article considers a trend towards what I have termed the "new multiculturalism," where conflicts between law and religion are less about recognition and symbolism and more about conflicting legal orders. Nothing typifies this trend more than the increased visibility of religious arbitration, whereby religious groups use current arbitration doctrine to have their disputes adjudicated not in U.S. courts and under U.S. law, but before religious courts and under religious law. This dynamic has pushed the following question to the forefront of the multicultural agenda: under what circumstances should U.S. courts enforce arbitration awards issued by religious courts in accordance …

Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal basis for electronic contracts in Tanzania. The major problems that were being examined are; the ascertainment of e-contract terms and the other party in the contract with the focus to consent i.e. consensus ad idem requirements and capacity to contract. With the first problem, e-commerce involves e-contracts and the business community in Tanzania enters into contractual arrangements with external world via websites or email in which case the electronic environment is not suitable in Tanzania in terms of the laws and the technology. Messages sent via internet may be garbled …

Separability/ Competance Competance, Nikola S. Georgiev

Nikola S Georgiev

Separability/ Competance Competance

Setting Aside An International Arbitration Award Based On Deficient Pleadings, Darius Chan

Research Collection Yong Pung How School Of Law

No abstract provided.

English Arbitration Act 1996, Nikola S. Georgiev

Nikola S Georgiev

English Arbitration Act 1996

Topes A La Ied, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay

Paul R. Tremblay

In this Article, the authors, two clinical law teachers and a social worker teaching in the clinic, wrestle with some persistent questions that arise in cross-professional, interdisciplinary law practice. In the past decade much writing has praised the benefits of interdisciplinary legal practice, but many sympathetic skeptics have worried about the ethical implications of lawyers working with nonlawyers, such as social workers and mental health professionals. Those worries include the difference in advocacy stances between lawyers and other helping professionals, and the mandated reporting requirements that apply to helping professionals but usually not to lawyers. This Article addresses those concerns …

A Bridle, A Prod And A Big Stick: An Evaluation Of Class Actions, Shareholder Proposals And The Ultra Vires Doctrine As Methods For Controlling Corporate Behavior, Adam Sulkowski, Kent Greenfield

Kent Greenfield

Written for the recent conference at St. John’s University Law School on “People of Color, Women, and the Public Corporation,” this paper evaluates recently applied methods of influencing corporate behavior on employment practices and recommends that a dormant legal doctrine be revitalized and added to the “tool box” of activists and concerned shareholders. The methods of influencing corporate behavior that are evaluated include class action lawsuits and shareholder proposals to amend corporate policy. In both contexts, there are procedural hurdles to achieving success. Even when success is achieved, there are limits to the actual changes in organizational behavior that result. …

Finding The Appropriate Mode Of Dispute Resolution: Introducing Neutral Evaluation In The Subordinate Courts, Dorcas Quek Anderson, Chi-Ling Seah

Research Collection Yong Pung How School Of Law

The Alternative Dispute Resolution (ADR) movement has gained significant traction over the last three decades and has been expanding at a rapid pace in many common law jurisdictions. The allure of ADR lies, in large part, in its recognition of litigants’ desire for self-determination and autonomy in resolving their disputes. ADR became even more attractive as dissatisfaction with the traditional court system grew. In the seminal Roscoe Pound Conference on Popular Causes of Dissatisfaction with the Administration of Justice in USA, the changing role of the courts was highlighted, casting ADR further into the spotlight.i Instead of offering only adjudication …

Legislative Study: A Framework To Strengthen Massachusetts Community Mediation As A Cost-Effective Public Service, Susan Jeghelian, Madhawa Palihapitiya, Kaila Eisenkraft

Massachusetts Office of Public Collaboration Publications

This report presents a study of community mediation commissioned by the Massachusetts Legislature in July 2011. The study was conducted by the state office of dispute resolution now known as the Massachusetts Office of Public Collaboration at the University of Massachusetts Boston. The office has been serving as a neutral forum and state-level resource for over 20 years. Its mission is to establish programs and build capacity within public entities for enhanced conflict resolution and intergovernmental and cross-sector collaboration in order to save costs and enable effective problem-solving and civic engagement on major public initiatives.

The report is based on …

Musings On Mediation, Kleenex, And (Smudged) White Hats, Nancy A. Welsh

Faculty Scholarship

This Essay speculates on the global future of mediation. It anticipates that mediation’s popularity will continue to grow both in the U.S. and abroad particularly as courts continue to encourage and institutionalize the process. Meanwhile, the Essay acknowledges the existence and continuing development of a relatively small cadre of elite lawyers and retired judges who serve as private mediators in large, complex matters.

The Essay also raises concerns, though, regarding the current lack of clarity in the goals and procedural characteristics that define mediation. The Essay asserts that such lack of clarity invites abuse of the mediation privilege and exclusionary …

Fighting For The Debtor's Soul: Regulating Religious Commercial Conduct, Michael A. Helfand

Michael A Helfand

Although courts often think of religion in terms of faith, prayer, and conscience, many religious groups are increasingly looking to religion as a source of law, commerce, and contract. As a result, courts are being called upon to regulate conduct that is simultaneously religious and commercial. In addressing such cases, some courts minimize the religious features of the case and simply focus on its secular elements while others over-exaggerate the religious features of the case and thereby refuse to adjudicate the dispute on Establishment Clause grounds. As an example of this dynamic, I explore the constitutionality of imposing sanctions for …

Noción Y Elementos Existenciales Del Título De Crédito, Bruno L. Costantini García

Bruno L. Costantini García

Discernir la noción y elementos de existencia de los títulos de crédito, considerando la doctrina y la denominación expresada en nuestra Ley General de Títulos y Operaciones de Crédito, conceptualizando el término de los documentos que consignan un derecho crediticio propio de su naturaleza y deslindando de manera dogmatica y exegética los elementos que lo forman y le dan su funcionamiento, mediante una visión de las instituciones jurídicas que les dan su existencia y aplicación dentro del devenir de los actos de comercio.

Culture Influence In International Commercial Arbitration, Nikola S. Georgiev

Nikola S Georgiev

Culture Influence in International Commercial Arbitration

Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp

Diane Hoffmann

No abstract provided.

C-Drum News, V. 5, No. 1, Fall 2011

The C-DRUM News

No abstract provided.

How To Play Your Hand: Lessons For Negotiators From Poker, John Valery White, Joseph Asher, Russell Korobkin, Jack Binion, Howard Lederer, Annie Duke

UNLV Gaming Law Journal

A panel discussion on the topic of conflict resolution and negotiation strategies among internationally acclaimed poker players Annie Duke and her brother, Howard Lederer, UCLA professor Russell Korobkin, and leading Las Vegas gaming executive Jack Binion. The following transcript reflects the speakers' discussion.

Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins

Articles in Law Reviews & Other Academic Journals

When social science methods are being employed in a new context — such as the assessment of international investment law — there is value in exploring the underlying assumptions and normative baselines of the enterprise. This article and response address critiques about the methodology of an article in the Harvard International Law Journal by: (1) describing the value of social science in international investment law; (2) replicating the research using new methodologies to conduct more than 20 new tests that were still unable to ascertain the existence of a reliable relationship between development status and outcomes on the basis of …

Opening The Mediation Window In The Arbitration House, Nadja Alexander

Research Collection Yong Pung How School Of Law

Throughout the 20th century the arbitration house has dominated the landscape of international commercial dispute resolution withthe court house providing another part of the structural landscape. In the 21st century foundations are being laid for construction of a free-standing mediation house in international dispute resolution practice. Meanwhile a closer inspection of arbitration house reveals the ongoing construction of mediation and other ADR windows in its design. In this paper I explore how and why mediation windows are being built, their structural and functional soundness and the extent to which they may open up and transform arbitration.

It's A Question Of Design: Byo Mediation, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, seven ideas to invigorate your 'Build Your Own' (BYO) mediation practice are presented.

International Arbitration And The Republic Of Colombia: Commercial, Comparative And Constitutional Concerns From A U.S. Perspective, S. I. Strong

Faculty Publications

This article undertakes the first comparative analysis of Colombian arbitration law in English, setting Colombian statutory and case law side by side with international and U.S. law to provide U.S. parties with the information they need to (1) evaluate the risks and benefits associated with entering into an arbitration agreement with a Colombian party and (2) establish the kinds of procedures needed to provide optimal protection of the arbitral process and any resulting award. Not only does this research discuss important comparative and commercial matters, it also considers how a unique type of constitutional challenge - the acción de tutela …

Arbitration Ambush In A Policy Polemic, Amy J. Schmitz

Faculty Publications

Arbitration has been demonized in the media and consumer protection debates, often without empirical support or consideration of its attributes. This has led to renewed efforts to pass the Arbitration Fairness Action, which would bar enforcement of pre-dispute arbitration clauses in consumer, employment, and civil rights contexts. It also inspired Dodd-Frank’s preclusion of arbitration clauses in mortgage contracts, along with the Consumer Financial Protection Bureau’s charge to prohibit or limit enforcement of pre-dispute arbitration agreements in consumer financial products and services contracts. Some of this negativity toward arbitration is warranted, especially in the wake of the United Supreme Court’s recent …

The Role Of Judicial Discretion In Dispute Settlement, James Andreoni, Ray D. Madoff

Ray D. Madoff

We consider two common modes of judicial resolution: judicial discretion, where the judge or jury has broad discretion in fashioning a remedy, and winner take all where the remedy is pre-determined by the governing substantive law. We analyze these systems in light of the fact that pre-trial bargainers have been shown to have excessive confidence in their own positions. We find theoretically that winner-take-all rules magnify the effects of over-confidence and diminish the likelihood of settling relative to judicial discretion. We confirm our model with a laboratory experiment showing significantly fewer pre-trial agreements under winner-take-all. These results imply that increasing …