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Dispute Resolution and Arbitration Commons

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6,465 full-text articles. Page 1 of 183.

International Commercial Mediation And Dispute Resolution Contracts, Nadja ALEXANDER, Natasha TUNKEL 2022 Singapore Management University

International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel

Research Collection 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 ...


The Human Psyche’S Effect On Arbitral Witness Accuracy, Caroline Skaff 2021 Penn State Law

The Human Psyche’S Effect On Arbitral Witness Accuracy, Caroline Skaff

Arbitration Law Review

No abstract provided.


Storm And Wastewater Infrastructure: Negotiating Disputes In The Face Of Covid And Extreme Weather Events, Shannon Leininger 2021 Penn State Law

Storm And Wastewater Infrastructure: Negotiating Disputes In The Face Of Covid And Extreme Weather Events, Shannon Leininger

Arbitration Law Review

No abstract provided.


Why An Improper Venue Can Have Lasting Effects On The Intersection Of Sport And Human Rights, Jenna Ebersbacher 2021 Penn State Law

Why An Improper Venue Can Have Lasting Effects On The Intersection Of Sport And Human Rights, Jenna Ebersbacher

Arbitration Law Review

No abstract provided.


A New (Deepwater) Horizon For Arbitrator Bias, Michael Konen 2021 Penn State Law

A New (Deepwater) Horizon For Arbitrator Bias, Michael Konen

Arbitration Law Review

No abstract provided.


What Title Ix Dispute Systems Designers Can Learn From Arbitration, Sarah Rudolph Cole 2021 Penn State Law

What Title Ix Dispute Systems Designers Can Learn From Arbitration, Sarah Rudolph Cole

Arbitration Law Review

No abstract provided.


Fragmentation And Judicialization Of International Commercial Arbitration: Expedited Arbitration And The “Arbitral Trial”, Ylli Dautaj 2021 Penn State Law

Fragmentation And Judicialization Of International Commercial Arbitration: Expedited Arbitration And The “Arbitral Trial”, Ylli Dautaj

Arbitration Law Review

No abstract provided.


No Time For Hand-Wringing: A Comment On Nat’L Weather Serv. Emp.’S Org. V. Flra, Simon X. Cao 2021 Penn State Law

No Time For Hand-Wringing: A Comment On Nat’L Weather Serv. Emp.’S Org. V. Flra, Simon X. Cao

Arbitration Law Review

No abstract provided.


Arbitrability Or Delegation: A Comment On Seiu Local 121rn V. Los Robles Reg'l Med. Ctr., Tim Mangan 2021 Penn State Law

Arbitrability Or Delegation: A Comment On Seiu Local 121rn V. Los Robles Reg'l Med. Ctr., Tim Mangan

Arbitration Law Review

No abstract provided.


Article: Misplaced Fear, How Private International Arbitration Will Not Crumble In The Face Of Compelling Discovery Under § 1782(A), Keenan Rambo 2021 Penn State Law

Article: Misplaced Fear, How Private International Arbitration Will Not Crumble In The Face Of Compelling Discovery Under § 1782(A), Keenan Rambo

Arbitration Law Review

No abstract provided.


Novel Issues In Canadian Labour Arbitration Related To Covid-19, Richard Bales 2021 Penn State Law

Novel Issues In Canadian Labour Arbitration Related To Covid-19, Richard Bales

Arbitration Law Review

No abstract provided.


Finra’S Dispute Resolution Pandemic Response, Kristen M. Blankley 2021 Penn State Law

Finra’S Dispute Resolution Pandemic Response, Kristen M. Blankley

Arbitration Law Review

No abstract provided.


Hypothetical Ai Arbitrators: A Deficiency In Empathy And Intuitive Decision-Making, Cole Dorsey 2021 Penn State Law

Hypothetical Ai Arbitrators: A Deficiency In Empathy And Intuitive Decision-Making, Cole Dorsey

Arbitration Law Review

No abstract provided.


Contributory Fault And Investor Misconduct In Investment Arbitration, Matthew Nichol 2021 Penn State Law

Contributory Fault And Investor Misconduct In Investment Arbitration, Matthew Nichol

Arbitration Law Review

No abstract provided.


The "Gants Principles" For Online Dispute Resolution: Realizing The Chief Justice's Vision For Courts In The Cloud, Harold Hongju Koh 2021 Yale Law School

The "Gants Principles" For Online Dispute Resolution: Realizing The Chief Justice's Vision For Courts In The Cloud, Harold Hongju Koh

Boston College Law Review

The late Chief Justice Ralph D. Gants was many things to many people: a beloved friend and family member, a visionary judge, an advocate for the vulnerable, and a forward-looking thinker. This Article recalls both personal and professional aspects of Ralph to illuminate an area of law where his judicial legacy will endure: online dispute resolution (ODR). Well before the onset of the COVID-19 pandemic, Chief Justice Gants recognized the significance of online, cloud-based courts and articulated key principles for developing these courts to improve the lives of those who appear before them. This Article assesses the status and trends ...


Going Far Together By Being Here Now: Mindfulness Increases Cooperation In Negotiations, Theodore Charles MASTERS-WAAGE, Jared NAI, Jochen REB, Samantha SIM, Jayanth NARAYANAN, Noriko TAN 2021 Singapore Management University

Going Far Together By Being Here Now: Mindfulness Increases Cooperation In Negotiations, Theodore Charles Masters-Waage, Jared Nai, Jochen Reb, Samantha Sim, Jayanth Narayanan, Noriko Tan

Research Collection Lee Kong Chian School Of Business

Integrating theorizing across the mindfulness and negotiation literatures, we hypothesize that mindfulness increases cooperation in negotiations. We further propose that processes of self-transcendence, self-regulation, and self-awareness mediate this effect. We test these hypotheses in five studies across different forms of cooperation, in both distributive and integrative negotiation contexts, and for both measured and experimentally induced mindfulness. In Study 1a, individuals higher on measured state mindfulness displayed greater cooperative orientation measured as preference for pareto-optimal agreements. In Study 1b, experimentally induced mindfulness led to greater cooperative orientation measured as the recall of cooperative heuristics. In Study 2, a distributive (fixed-sum) negotiation ...


What’S The Best Way To Give Ground In A Negotiation?, Kian Siong TEY, Michael SCHAERER, Nikhil MADAN, Roderick SWAAB 2021 Singapore Management University

What’S The Best Way To Give Ground In A Negotiation?, Kian Siong Tey, Michael Schaerer, Nikhil Madan, Roderick Swaab

Research Collection Lee Kong Chian School Of Business

How much should you change your offer at each round of a negotiation? The stakes can be high: Give away too much and you devalue your offer; give away too little and you risk getting stuck in an impasse. The authors’ recent research shows that a rare approach to concessions — reducing the amount by which you reduce your offer each round — can yield the most value because it sends a clear signal about your final offer.


How To Be A Better Plea Bargainer, Cynthia Alkon, Andrea Kupfer Schneider 2021 Texas A&M University School of Law

How To Be A Better Plea Bargainer, Cynthia Alkon, Andrea Kupfer Schneider

Faculty Scholarship

Preparation matters in negotiation. While plea bargaining is a criminal lawyer’s primary activity, the value of this skill is discounted by law schools and training programs. A systemic model can be used to improve plea bargaining skills. This Article offers a prep sheet for both prosecutors and defense attorneys and explains how each element of the sheet specifically applies to the plea bargaining context. The prep sheet is designed as a learning tool so that the negotiator can learn from the sheet and then make their own. The sheet highlights important considerations such as understanding the interests and goals ...


Proper Characterisation Of The Parol Evidence Rule And Its Applicability In International Arbitration, Darius CHAN, Yi Hang Louis LAU 2021 Singapore Management University

Proper Characterisation Of The Parol Evidence Rule And Its Applicability In International Arbitration, Darius Chan, Yi Hang Louis Lau

Research Collection School Of Law

Most arbitral statutes and institutional rules give great latitude to tribunals on the admissibility of evidence, and do not mandate application of domestic rules of evidence. In common law jurisdictions where the parol evidence rule applies, the issue that arises is whether the parol evidence rule is necessarily a procedural rule of evidence which tribunals are not bound to apply, especially in jurisdictions which have codified the rule under domestic evidence legislation. Notwithstanding any codification, this article argues that the parol evidence rule at common law is a substantive rule of contractual interpretation that should be applied as part of ...


Investor-State Dispute Prevention: A Critical Reflection, Lise Johnson, Lisa E. Sachs, Ella Merrill 2021 Columbia Law School, Columbia Center on Sustainable Investment

Investor-State Dispute Prevention: A Critical Reflection, Lise Johnson, Lisa E. Sachs, Ella Merrill

Columbia Center on Sustainable Investment Staff Publications

With the rise of treaty-based investor-state dispute settlement (“ISDS”) which has taken place over the last two decades, a number of governments have adopted varying approaches to avoid those arbitration cases. Countries including Bosnia and Herzegovina, Colombia, Mexico, Mongolia, and Peru have pursued such initiatives, often with the support of intergovernmental organizations such as the United Nations Convention on Trade and Development (“UNCTAD”) and the World Bank.

In the context of discussions on ISDS reform taking place at the United Nations Commission on International Trade Law (“UNCITRAL”), some states have identified development and implementation of such ISDS-avoidance strategies and tools ...


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