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Dispute Resolution and Arbitration Commons

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Ethics In International Arbitration: A Critical Examination Of The Lcia General Guidelines For The Parties' Legal Representatives, Vincent S. Dattilo 2017 University of Georgia School of Law

Ethics In International Arbitration: A Critical Examination Of The Lcia General Guidelines For The Parties' Legal Representatives, Vincent S. Dattilo

Georgia Journal of International & Comparative Law

No abstract provided.


Deferring For Justice: How Administrative Agencies Can Solve The Employment Dispute Quagmire By Endorsing An Improved Arbitration System, Zev J. Eigen, David S. Sherwyn 2017 Littler Mendelson

Deferring For Justice: How Administrative Agencies Can Solve The Employment Dispute Quagmire By Endorsing An Improved Arbitration System, Zev J. Eigen, David S. Sherwyn

Articles and Chapters

[Excerpt] When it comes to the issue of pre-dispute mandatory arbitration, the concept of attaining justice for all parties in a vacuum instead of in comparison to the fall back—the litigation and agency adjudication processes. In this Article, we address each of the components of arbitration, but in context to the alternative and thus, conclude that a fixed arbitration system will provide the type of justice unavailable in the current system.


No Chance At Immunity: Examining The Possibility Of Immunity Provisions For Drug Crimes In The Criminal Code, Benjamin D. Schnell 2017 Western University

No Chance At Immunity: Examining The Possibility Of Immunity Provisions For Drug Crimes In The Criminal Code, Benjamin D. Schnell

Western Journal of Legal Studies

Many members of the public fear crimes committed by strangers despite statistics showing greater danger from friends, acquaintances, and relatives. Since this fear is rooted in the fear of the unknown, some people prefer to fall victim to white-collar crimes as opposed to street crimes. Since most white-collar crimes require gaining the victim’s trust, many are committed by people that know the victim. Moreover, the traditional view of white-collar criminals as people of high respectability and social class drastically influences our perception of crime and can lead to significant societal implications.

In Canada, this traditional view of white-collar criminals ...


Med-Arb Adoption In Securities Law Disputes: Advantages And Costs, Hyung Kyun Kwon 2017 Cornell Law School

Med-Arb Adoption In Securities Law Disputes: Advantages And Costs, Hyung Kyun Kwon

Concordia Law Review

This Article considers the adoption of a hybrid method of Alternative Dispute Resolution (ADR)—Med-Arb—in securities law disputes. Because securities law ADR is currently monopolized by claims that proceed through arbitration, this Article argues that the benefits of settling a claim through mediation are being lost. Med-Arb allows parties to access the benefits of both mediation and arbitration with potentially lower economic costs and the assurance of finality of the dispute. This Article therefore presents how best to use Med-Arb to successfully resolve securities law disputes.


Mediation And International Investment: A Chinese Perspective, Wang Guiguo, HE Xiaoli 2017 University of Maine School of Law

Mediation And International Investment: A Chinese Perspective, Wang Guiguo, He Xiaoli

Maine Law Review

The most important feature of the contemporary world is globalization with a high degree of economic interdependence among nations, which includes breaking down national economic barriers as well as the increasing cross-border economic exchanges and transactions of goods, services, and capital, not only in a large scale but also at a high frequency. The spread of market economy across the globe has created a global market, which effectively allocates resources and distributes them at a global level. It was the development of technology relating to information, transportation, and communications, such as the internet and teleconferencing, that enabled the effective and ...


De-Escalation Techniques, Alexander Robinson 2017 Riley County Police Department

De-Escalation Techniques, Alexander Robinson

Center for Engagement and Community Development

How to resolve issues in high-stress environments.


Sports, Inc. Volume 9, Issue 2, ILR Cornell Sports Business Society 2017 Cornell University ILR School

Sports, Inc. Volume 9, Issue 2, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile 2017 Notre Dame Law School

Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile

Fernand "Tex" N. Dutile

No abstract provided.


Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons 2017 Boston College Law School

Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons

Daniel Lyons

No abstract provided.


Negotiating And Mediating Brexit, Horst Eidenmüller 2017 Pepperdine University

Negotiating And Mediating Brexit, Horst Eidenmüller

Pepperdine Law Review

The United Kingdom will leave the European Union. Brexit will involve many complex negotiations. This article analyses the negotiation position of the parties (UK, EU, Member States) based on a set of four key negotiation factors: agreement options, nonagreement alternatives, interests, and perceptions. A special focus here is on the effect of triggering the formal withdrawal process under the Treaty on European Union’s Article 50 on the non-agreement alternatives of the parties. The article considers the likely negotiation strategy of the UK against this background. It further discusses strategic negotiation moves already made by the parties and moves likely ...


Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum 2017 University of Maryland Francis King Carey School of Law

Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum

Maryland Law Review

The U.S. healthcare system has a problem: hundreds of thousands of people die each year, and over a million are injured, by medical mistakes that could have been avoided. Furthermore, over ninety percent of these patients and their families never learn of the errors or receive redress. This problem persists, despite myriad reforms to the medical malpractice system, because of lawmakers’ dominant focus on reducing providers’ liability insurance costs. Reform objectives are beginning to change, however, and the vehicle for implementing these changes is alternative dispute resolution (“ADR”). Historically, legislatures deployed ADR to curb malpractice litigation and restrict patients ...


The New Bond Workouts, William W. Bratton, Adam J. Levitin 2017 University of Pennsylvania Law School

The New Bond Workouts, William W. Bratton, Adam J. Levitin

Faculty Scholarship

Bond workouts are a famously dysfunctional method of debt restructuring, ridden with opportunistic and coercive behavior by bondholders and bond issuers. Yet since 2008 bond workouts have quietly started to work. A cognizable portion of the restructuring market has shifted from bankruptcy court to out-of-court workouts by way of exchange offers made only to large institutional investors. The new workouts feature a battery of strong-arm tactics by bond issuers, and aggrieved bondholders have complained in court. The result has been a new, broad reading of the primary law governing workouts, section 316(b) of the Trust Indenture Act of 1939 ...


Reshaping Third-Party Funding - Completed Work Published In 91 Tul. L. Rev. 405 (2017), Victoria S. Sahani 2017 Washington and Lee University School of Law

Reshaping Third-Party Funding - Completed Work Published In 91 Tul. L. Rev. 405 (2017), Victoria S. Sahani

Victoria Shannon Sahani

Third-party funding is a controversial business arrangement whereby an outside entity—called a third-party funder—finances the legal representation of a party involved in litigation or arbitration or finances a law firm’s portfolio of cases in return for a profit. Attorney ethics regulations and other laws permit nonlawyers to become partial owners of law firms in the District of Columbia, England and Wales, Scotland, Australia, two provinces in Canada, Germany, the Netherlands, New Zealand, and other jurisdictions around the world. Recently, a U.S.-based third-party funder that is publicly traded in England started its own law firm in ...


The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai 2017 Archival Magazine

The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai

Pace International Law Review

On January 17, 2016, in a statement following his signing of the Joint Comprehensive Plan of Action (JCPOA) with Iran, President Obama addressed that country’s people, stating that “yours is a great civilization, with a vibrant culture that has so much to contribute to the world – in commerce, and in science and the arts.” While the former U.S. President’s evaluation of the Iranian people’s greatness is indisputable, there are questions concerning doing business with Iran which transcend conventional legal issues and commercial problems.

Given the juxtaposition of Iran’s duopolistic government structure and ideologically oriented decision-making ...


Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro 2017 Harvard University

Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro

Georgia Journal of International & Comparative Law

Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:

Introduction by Milton Katz and Richard R. Baxter, p. 1

Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7

The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27

Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41

Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59

Protection of the Marine ...


Directv, Inc. V. Imburgia And The Continued Ascendance Of Federal Common Law: Class-Action Waivers And Mandatory Arbitration Under The Federal Arbitration Act, Michael J. Yelnosky 2017 Roger Williams University School of Law

Directv, Inc. V. Imburgia And The Continued Ascendance Of Federal Common Law: Class-Action Waivers And Mandatory Arbitration Under The Federal Arbitration Act, Michael J. Yelnosky

Roger Williams University Law Review

No abstract provided.


The Investment-Related Aspects Of Intellectual Property Rights, Peter K. Yu 2017 American University Washington College of Law

The Investment-Related Aspects Of Intellectual Property Rights, Peter K. Yu

American University Law Review

No abstract provided.


Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen F. Ross, Roy Eisenhardt 2017 Penn State Law

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen F. Ross, Roy Eisenhardt

Journal Articles

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in labor contexts can agree to resolution by an impartial arbitrator, whose decision is reviewed deferentially by judges. Where employees are subject to rules of a private association, they are often contractually obligated to submit their claims to an internal association officer or committee; the common law provides for judicial review more limited than a civil contract but more searching than is the case for an impartial labor arbitrator. Recently, the National Football League and its players ...


The Corporate Exploitation Of Fundamental Rights: A Nation Of Arbitration, Melanie A. Carlson 2017 Claremont McKenna College

The Corporate Exploitation Of Fundamental Rights: A Nation Of Arbitration, Melanie A. Carlson

CMC Senior Theses

This thesis is an in-depth discussion and analysis of the alternative dispute resolution process of arbitration in the United States. It begins by providing a basic explanatory overview of arbitration clauses and the arbitration process. It then goes on to highlight the various benefits over traditional court litigation that arbitration has to offer. From there, the paper presents a detailed discussion of the many shortcomings of the arbitration process. It identifies the overall lack of procedural fairness that exists in arbitration today due to the fact that arbitration currently tends to favor businesses over consumers and workers during dispute settlements ...


Online Dispute Resolution: Stinky, Repugnant, Or Drab?, Robert J. Condlin 2017 University of Maryland School of Law

Online Dispute Resolution: Stinky, Repugnant, Or Drab?, Robert J. Condlin

Faculty Scholarship

No abstract provided.


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