University of Missouri School of Law
Georgetown University Law Center
Penn State Law
Notre Dame Law School
University of Qom
Pacific McGeorge School of Law
University of Maine School of Law
Selected Dispute Resolution Bibliography,
2023
Shannon Moldaver Dispute Resolution Inc.
Selected Dispute Resolution Bibliography, Shannon Moldaver, Trevor C. W. Farrow
Articles & Book Chapters
Included in this bibliography is a selected set of dispute resolution and related professional responsibility and access to justice readings, primarily (although not exclusively) with a general negotiation and mediation focus. This bibliography is not comprehensive. Rather – given the breadth of dispute resolution, legal process, professional responsibility, and access to justice materials available – this bibliography includes a brief sampling of available readings that may be of interest to those studying, practicing, or thinking about dispute resolution.
A New Day: Ending “Forced” Arbitration Of Sexual Assault And Harassment,
2023
Yeshiva University, Cardozo School of Law
A New Day: Ending “Forced” Arbitration Of Sexual Assault And Harassment, Cardozo Dispute Resolution Society
Flyers 2022-2023
No abstract provided.
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy,
2023
DePaul University
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes
DePaul Business & Commercial Law Journal
No abstract provided.
Covid-19 Vs. Constitution; Limited Government's Unlimited Response,
2023
DePaul University
Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo
DePaul Business & Commercial Law Journal
No abstract provided.
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable,
2023
DePaul University
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong
DePaul Business & Commercial Law Journal
No abstract provided.
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule,
2023
DePaul University
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira
DePaul Business & Commercial Law Journal
No abstract provided.
The Ongoing Patent Battle Over Crispr/Cas-9,
2023
Cardozo Journal of Conflict Resolution
The Ongoing Patent Battle Over Crispr/Cas-9, Shifra Ben-Jacob
CJCR Blog
CRISPR/Cas 9 is a bacterial defense system for editing genomes that has been coined one of the most monumental biotechnologies since the discovery of the polymerase chain reaction (PCR). Since 2012, two research teams, one out of the University of California, Berkeley, and the other from both the Broad Institute and the Massachusetts Institute of Technology, have been battling an ongoing patent war. The US Patent and Trademark Office (USPTO) is left to decide who can claim the technology as their own.
This post was originally published on the Cardozo Journal of Conflict Resolution website on February 2, 2023. The …
A Review Of The 2021/22 International Moots Season,
2023
Singapore Management University
A Review Of The 2021/22 International Moots Season, Siyuan Chen
Research Collection Yong Pung How School Of Law
This is the eighth1 annual review of Singapore’s performance in international moot court competitions.2 An overview of the results for this season is presented at Table #1 below, while Tables #2 and #3 provide a snapshot of the results of the past 10 seasons. Despite the substantial lifting of travel restrictions throughout the world, the 2021/22 international moots season remained a virtually conducted one for many competitions, though competitions such as IP, Stetson, PAX, and WTO saw a much-welcomed return to in-person hearings, allowing students to compete and interact with teams and judges from around the world at places such …
An Artificial Intelligence Tool For The Selection Of Delay Analysis Technique In Construction,
2023
American University in Cairo
An Artificial Intelligence Tool For The Selection Of Delay Analysis Technique In Construction, Mostafa Farouk
Theses and Dissertations
The increasing complexity and magnitude of projects impose greater impact of delays on stakeholders. Construction delays are a major source of disputes in construction projects. Since a construction project depends on interactions and shared responsibilities among parties, research works were directed toward identifying delay causes, quantifying their impacts, and proposing ways to deal with them. Several delay analysis techniques (DATs) are available, but when applied to the same project’s delays provide different results. Thus, the selection of the DAT to use in evaluating delays becomes vital. Reviewing the literature, it has been realized that often there are disagreements, which lead …
Against Imperial Arbitrators: The Brilliance Of Canada's New Model Investment Treaty,
2023
Wayne State University Law School
Against Imperial Arbitrators: The Brilliance Of Canada's New Model Investment Treaty, Charles H. Brower Ii
FIU Law Review
Investment treaty arbitration has become politically “toxic” even in states that pioneered the development of investment treaties. There is consensus on the need for reform. But there is a dearth of historical research on what went wrong with investment treaties, when it happened, or how to find the way forward in light of the past. As a result, reform efforts have a stumbling quality. One can see this in multilateral fora, such as the United Nations Commission on International Trade Law (UNCITRAL), where over four years of study and negotiations have produced little consensus. One can also see it in …
Provisional Measures In Aid Of Arbitration,
2023
University of Pittsburgh School of Law
Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Articles
The success of the New York Convention has made arbitration a preferred means of dispute resolution for international commercial transactions. Success in arbitration often depends on the extent to which a party may secure assets, evidence, or the status quo between parties prior to the completion of the arbitration process. This makes the availability of provisional measures granted by either arbitral tribunals or by courts fundamental to the arbitration. In this Article, I consider the existing legal framework for provisional measures in aid of arbitration, with particular attention to the sources of the rules providing for such measures. Those sources …
Reforming Shareholder Claims In Isds,
2023
University of Michigan Law School
Reforming Shareholder Claims In Isds, Julian Arato, Kathleen Claussen, Jaemin Lee, Giovanni Zarra
Articles
ISDS stands alone in empowering shareholders to bring claims for reflective loss (SRL) – meaning claims over harms allegedly inflicted upon the company, but which somehow affect share value. National systems of corporate law and public international law regimes generally bar SRL claims for strong policy reasons bearing on the efficiency and fairness of the corporate form. Though not necessitated by treaty text, nor beneficial in policy terms, ISDS tribunals nevertheless allow shareholders broad and regular access to seek relief for reflective loss. The availability of SRL claims in ISDS ultimately harms States and investors alike, imposing surprise ex post …
Some Reflections On The “New Law Of The Sea”,
2022
U.S. Naval War College
Some Reflections On The “New Law Of The Sea”, Philippe Gautier
International Law Studies
The fortieth anniversary of the opening for signature of the UN Convention on the Law of the Sea provides an opportunity to offer some reflections on the “new law of the sea”; that is, the comprehensive set of rules that was the result of an unprecedented multilateral negotiation process: the Third United Nations Conference on the Law of the Sea (1973–1982). The focus of this article is on the adjudication of sea-related disputes in the “new law of the sea.” In an international legal order where access to a judge or an arbitrator requires the consent of both parties to …
The Negative Effects Of Arbitration Clauses In Meal Delivery Service Subscriptions,
2022
Cardozo Journal of Conflict Resolution
The Negative Effects Of Arbitration Clauses In Meal Delivery Service Subscriptions, Amanda Pasternak
CJCR Blog
This past June, Daily Harvest, a vegan meal delivery service that sells soups, smoothies, and more recalled one of its products, French Lentil + Leek Crumbles, after hundreds of consumer reports of gastrointestinal illness, potential liver function issues, and other adverse reactions. According to the Food and Drug Administration (FDA), from April 28 to June 17, 2022, around 28,000 units of the recalled product were distributed to consumers throughout the United States via online sales, direct delivery, and retail sales. Samples were also given to a small number of consumers. Daily Harvest received around 470 reports of illness, which the …
Rethinking Absolute Immunity From Defamation Suits In Private Quasi-Judicial Proceedings,
2022
University of New Hampshire
Rethinking Absolute Immunity From Defamation Suits In Private Quasi-Judicial Proceedings, Nat Stern
The University of New Hampshire Law Review
No abstract provided.
The Role Of Investment Treaties And Investor–State Dispute Settlement (Isds) In Renewable Energy Investments,
2022
Columbia Law School, Columbia Center on Sustainable Development
The Role Of Investment Treaties And Investor–State Dispute Settlement (Isds) In Renewable Energy Investments, Ladan Mehranvar, Sunayana Sasmal
Columbia Center on Sustainable Investment
Achieving our global goals of universal access to clean energy and averting a climate crisis will require a mass scale-up of investments in renewable energy infrastructure, redirecting capital from carbon intensive energy and transport systems. The International Renewable Energy Agency estimates that the transformation of the energy system alone will need cumulative investments to reach USD 110 trillion by 2050 to keep the rise in global temperatures to well below 2°C and towards 1.5°C during this century. Of that amount, over 80% will need to be invested in renewables, energy efficiency, end-use electrification, and power grids and flexibility.
The private …
International Commercial Mediation And Dispute Resolution Contracts,
2022
Singapore Management University
International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel
Research Collection Yong Pung How School Of Law
Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The obvious venue for commercial disputes to be decided is generally understood to be in court (litigation)2 or before an arbitral tribunal (arbitration)3. However, there are numerous other alternative dispute mechanisms4 available to parties that are less well known and also deserve consideration; not least because they offer parties methods of resolving the dispute between …
Negotiation Strategies For War By Other Means,
2022
Yeshiva University, Cardozo School of Law
Negotiation Strategies For War By Other Means, Cardozo Journal Of Conflict Resolution
Event Invitations 2022
The symposium will explore the changing landscape of international conflicts and the role that dispute resolution can play in strengthening capacity to respond effectively. The keynote address will be given by Anne Leslie, who leads the Cloud Risk and Controls Europe division at IBM, as well as IBM’s Cloud for Financial Services.
The program will consist of three panels featuring academics and practitioners in the fields of dispute resolution and cyber security who will discuss: the history of hybrid warfare and the way it unfolds in the real world; the various ways negotiation theory applies and how it can address …
Negotiation Strategies For War By Other Means,
2022
Yeshiva University, Cardozo School of Law
Negotiation Strategies For War By Other Means, Cardozo Journal Of Conflict Resolution
Flyers 2022-2023
Click here to view the event invitation.
Arbitration In Securities Exchange Trading Contracts Concluded Between The Financial Intermediary And The Investor In Light Of The Uae Law,
2022
Associate Professor of Commercial Law - College of Law - Al Ain University
Arbitration In Securities Exchange Trading Contracts Concluded Between The Financial Intermediary And The Investor In Light Of The Uae Law, Ramzi Madi Dr., Samer Al-Maaytah
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
With the growing role of financial brokers in securities exchange trading operations in stock markets and their monopoly of buying and selling securities for the account of investors in the financial markets, this has led to the emergence of many disputes between financial brokers and their clients resulting from buying and selling orders for the purpose of concluding trading operations issued by the investor for financial intermediate.
Because of the technical nature of securities exchange trading operations, many countries have sought to find appropriate means to settle such disputes of a special nature, and found that arbitration is one of …
