Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration Commons

Open Access. Powered by Scholars. Published by Universities.®

5,432 Full-Text Articles 3,693 Authors 2,066,956 Downloads 129 Institutions

All Articles in Dispute Resolution and Arbitration

Faceted Search

5,432 full-text articles. Page 1 of 138.

We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman 2018 Indiana University Maurer School of Law

We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman

Indiana Journal of Constitutional Design

In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these ...


Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux 2018 Seattle University School of Law

Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux

Seattle University Law Review

This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.


Reviewing The Use Of “Soft Law” In Investment Arbitration, José E. Alvarez 2018 NYU School of Law

Reviewing The Use Of “Soft Law” In Investment Arbitration, José E. Alvarez

New York University Public Law and Legal Theory Working Papers

This essay surveys the extent to which instruments, such as those issued by the International Bar Association for use in arbitration that are not included in the formal sources of international law, are relied upon in investor-state arbitration. It considers the difficulties of defining what some call ‘soft’ or ‘informal’ law, of empirically measuring the extent to which arbitrators resort to it, and of determining whether its use is consistent with the accepted rules of treaty interpretation. It canvasses the significance of soft law in two recent rulings, Urbaser v. Argentina and Philip Morris v. Uruguay. The author, who previously ...


Conflicts And Laudato Si': Ten Principles For Environmental Dispute Resolution, Lucia A. Silecchia 2018 The Catholic University of America School of Law

Conflicts And Laudato Si': Ten Principles For Environmental Dispute Resolution, Lucia A. Silecchia

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Adr Empirical Research Studies (Summer 2013-Summer 2018), James Coben, Donna Steinstra 2018 Mitchell Hamline School of Law

Adr Empirical Research Studies (Summer 2013-Summer 2018), James Coben, Donna Steinstra

ADR Empirical Research Studies

No abstract provided.


Feel The Earth Move – Shifts In The International Dispute Resolution Landscape, Eunice CHUA 2018 Singapore Management University

Feel The Earth Move – Shifts In The International Dispute Resolution Landscape, Eunice Chua

Research Collection School Of Law

This blog post discusses the themes in international dispute resolution that emerged from a panel on 25 July 2018 at the 2018 UNCITRAL Emergence Conference, moderated by Professor Nadja Alexander, CEO of the Singapore International Dispute Resolution Academy.


Judicial Mediation: From Debates To Renewal, Jean-Francois ROBERGE, Dorcas QUEK ANDERSON 2018 Singapore Management University

Judicial Mediation: From Debates To Renewal, Jean-Francois Roberge, Dorcas Quek Anderson

Research Collection School Of Law

Judicial mediation involving a judge actingas a mediator in a court dispute has been implemented in many jurisdictionsworldwide as a way to overcome access to justice challenges. This innovationhas raised many debates on the changing role of the judge built on either its congruence with or divergence from judicial adjudication. Over the years, thesedebates have become increasingly stagnant. The evolving vision on access tojustice brings an opportunity to draw from the earlier debates and forge adifferent way forward. This paper argues that a coequality approach to understanding judicial mediation is a betterway to design the process in a way that ...


A Contribution To The Conversation On Mixing The Modes Of Mediation And Arbitration: Of Definitional Consistency And Process Structure, Eunice CHUA 2018 Singapore Management University

A Contribution To The Conversation On Mixing The Modes Of Mediation And Arbitration: Of Definitional Consistency And Process Structure, Eunice Chua

Research Collection School Of Law

One ofthe trends that has been growing in importance in international commercialdispute resolution has been the combining and mixing of modes, particularly ofmediation and arbitration. Surveys of users indicate that the reason for thisgrowth has been the perception that mixing of non-adjudicative and adjudicativemodes can help to achieve certain process goals, such as internationalenforceability, cost-effectiveness and relationship preservation. This article firstsuggests an approach towards articulating the myriad ways that mediation andarbitration may be combined, focusing on mediation followed by arbitration(med-arb), arbitration followed by mediation (arb-med), and opening mediationwindows in the arbitration process (arb-med-arb). It then discusses which ofthese mixed ...


How Should The Courts Know Whether A Dispute Is Ready And Suitable For Mediation? An Empirical Analysis Of The Singapore Courts’ Referral Of Civil Disputes To Mediation, Dorcas QUEK ANDERSON, Eunice CHUA, Tra My NGO 2018 Singapore Management University

How Should The Courts Know Whether A Dispute Is Ready And Suitable For Mediation? An Empirical Analysis Of The Singapore Courts’ Referral Of Civil Disputes To Mediation, Dorcas Quek Anderson, Eunice Chua, Tra My Ngo

Research Collection School Of Law

In line with international developments in court-connected mediation, the Singapore courts have strongly supported the use of mediation and have taken steps to encourage litigants to attempt mediation. This article features the very first empirical analysis of the Singapore courts' referral of civil cases to mediation. Although focused on Singapore, the results of the study also inform the referral policies of other judiciaries that similarly engage in the practice of referring cases for mediation. The study uses a rigorous method to shed light on the crucial factors to be considered by the courts in referral practice and designing of mediation ...


2000 Arbitration Hearings Chart, Edmund P. Edmonds 2018 University of Notre Dame

2000 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble 2018 Brooklyn Law School

Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble

Brooklyn Law Review

Infringements of intellectual property (IP) rights by exhibitors at trade shows (also called trade fairs or exhibitions), such as infringements committed through exhibitions of or offers to sell infringing products, can be extremely damaging to IP right owners because of the wide exposure that trade shows provide for infringing IP; the promotion of the infringing IP and the contacts made by infringers at trade shows can facilitate further infringements after a trade show that can be very difficult for IP right owners to prevent. IP right owners therefore seek to obtain emergency injunctive relief to stop trade show infringements immediately ...


Table Of Contents, 2018 University of Missouri School of Law

Table Of Contents

Journal of Dispute Resolution

No abstract provided.


Title Page, 2018 University of Missouri School of Law

Title Page

Journal of Dispute Resolution

No abstract provided.


The First Amendment, The University And Conflict: An Introduction To The Symposium, Christina E. Wells 2018 University of Missouri School of Law

The First Amendment, The University And Conflict: An Introduction To The Symposium, Christina E. Wells

Journal of Dispute Resolution

This Symposium addresses our continuing issues with campus speech conflicts. It aims to help us recognize that speech conflicts are not abstract disputes between ideas – Justice Holmes’s famous rhetoric notwithstanding. Rather our words and ideas represent underlying conflicts between very real people and groups. The speech we use may cause, exacerbate, or resolve conflicts. Sometimes the Supreme Court’s free speech doctrine can aid our understanding and resolution of these conflicts. Other times it cannot. Regardless, simply relying on a First Amendment frame – i.e., claiming that it is one’s right to express oneself in a par-ticular way ...


Resolving Conflict On Campus: A Case Study On Free Speech And Controversial Speakers, Benson Clayton T., J. Huff 2018 University of Missouri School of Law

Resolving Conflict On Campus: A Case Study On Free Speech And Controversial Speakers, Benson Clayton T., J. Huff

Journal of Dispute Resolution

By their very charge, institutions of higher education are intended to serve as venues for exploring personal ideologies, promoting intellectual curiosity, and en-couraging vigorous debate about contested issues. However, when an institution and its core values come into direct conflict with viewpoints that are fundamentally inconsistent with those values, the dissonance created by the clash of perspectives can be profound. Fundamental differences in perspective on highly charged issues and topics have become recurring themes for universities in the United States. From campus speakers, to speaker protests, to demonstrations in support of free speech and a range of other inclusion and ...


Generating A Dissolution Process At The University Of Missouri: A Student Perspective, Evonnia S. Woods 2018 University of Missouri School of Law

Generating A Dissolution Process At The University Of Missouri: A Student Perspective, Evonnia S. Woods

Journal of Dispute Resolution

Although student protests and campus politics during the Fall of 2015 on the University of Missouri’s flagship campus were far more complex than depicted in the media, the point remains that student protests revealed many shortcomings of the University. One of these shortcomings was the lack of a policy-driven dissolution process which, amongst other things, resulted in national critique of how student protests and student demands were handled.


Free Speech Conflict: What We Learned At Middlebury College, Baishakhi Taylor 2018 University of Missouri School of Law

Free Speech Conflict: What We Learned At Middlebury College, Baishakhi Taylor

Journal of Dispute Resolution

On February 16, Middlebury’s President, Dr. Laurie L. Patton, received an invitation from a student group called the American Enterprise Institute Club (AEI) to give opening remarks at a lecture by a speaker they had invited to campus. The Club was Middlebury’s student chapter of the AEI,8 a conservative think-tank based in Washington, D.C., which has student clubs all across the coun-try. The speaker was Dr. Charles Murray, an American political scientist who is now an AEI emeritus scholar. This was not Dr. Murray’s first visit to the College. He had previously visited the campus ...


Beyond The Narratives: How Free Speech In Higher Education Is Truly Restricted, Azhar Majeed 2018 University of Missouri School of Law

Beyond The Narratives: How Free Speech In Higher Education Is Truly Restricted, Azhar Majeed

Journal of Dispute Resolution

Over the past year, much of the national conversation surrounding freedom of speech on college campuses has focused on controversial speakers, including those invited by students or student groups as well as those appearing on campus without an invitation. The debate continues to rage on as to whether university communities should allow allegedly offensive speakers to come to campus and spew their hateful views; whether universities have an obligation to foot the bill for the security they deem necessary to host such an event; and whether disruptions of speaker events are indicative of decreased tolerance on the part of today ...


Our Obligation: Protecting Free Speech And Fostering Inclusive Environments, Patricia Telles-Irvin 2018 University of Missouri School of Law

Our Obligation: Protecting Free Speech And Fostering Inclusive Environments, Patricia Telles-Irvin

Journal of Dispute Resolution

There is much discussion and debate these days on college campuses on how to protect freedom of expression while, at the same time, cultivate an inclusive en-vironment that promotes learning for all members of the community. While it is clear that freedom of expression is fundamental to the mission of an institution of higher education, creating an inclusive community can be challenging when toxic speech, under the protection of the First Amendment, aims only to demean and marginalize groups of individuals with no true redeeming value to advance knowledge. If our core mission is to educate by allowing the expression ...


Framing Campus Free Expression Conflict Through A Dispute Resolution Optic: Insights For Campus Leaders, Robert H. Jerry II 2018 University of Missouri School of Law

Framing Campus Free Expression Conflict Through A Dispute Resolution Optic: Insights For Campus Leaders, Robert H. Jerry Ii

Journal of Dispute Resolution

This Essay, with campus leaders as its intended audience (i.e., presidents, chancellors, provosts, deans, department chairs, and faculty, staff, and student governance leaders), maintains that acquaintance with constructs familiar to dispute resolution scholars and practitioners can deepen understanding of free expression conflict on college campuses, increase self-awareness and enhance leaders’ ability to act consciously and purposively in response to conflict, and help equip campus leaders with useful tools for managing conflict when it arises. This Essay will stress framing, but many constructs in the dispute resolution field illuminate the techniques and skills campus leaders need if they are to ...


Digital Commons powered by bepress