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Dispute Resolution and Arbitration Commons

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Pepperdine Dispute Resolution Law Journal

2018

Mediation

Articles 1 - 3 of 3

Full-Text Articles in Dispute Resolution and Arbitration

Symposium Transcript: Pepperdine Drlj Symposium 2018, Jenna King May 2018

Symposium Transcript: Pepperdine Drlj Symposium 2018, Jenna King

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf Von Kumberg May 2018

Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf Von Kumberg

Pepperdine Dispute Resolution Law Journal

This paper argues that the current criticisms of Investor-State Dispute Settlement (ISDS) are ill-informed, and attempts at reforming the system are misguided. The definition of ISDS itself has been, for a long time, limited to investment quasi-judicial bodies or at best arbitration. Analysis of the roots of the ever growing backlash reveals that the main causes for concern are politically negotiated investment treaties, an inherently biased system, lack of transparency, and inconsistent decision-making. Examination of the core reasons behind these complaints leads to the conclusion that the EU Commission’s solution to reform ISDS through a permanent court raises more issues …


The Possibility Of Using Alternative Dispute Resolution For Election Law Disputes, Jessica Becerra Jan 2018

The Possibility Of Using Alternative Dispute Resolution For Election Law Disputes, Jessica Becerra

Pepperdine Dispute Resolution Law Journal

This article looks at the positive effects that ADR can have in resolving election law disputes before, during, and after elections. First, this article will focus on the significance of implementing ADR processes in resolving election law disputes. Next, this article will explain the background and impact that election law disputes have on voters, candidates, and the election process as a whole. This article will then explore why ADR processes should be implemented as opposed to using litigation to resolve election law disputes. After, this article will explain a proposed solution to resolving election law disputes through mediation or arbitration …