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The World Court And The Peaceful Settlement Of Disputes, Cornelius F. Murphy Jr. 2016 Duquesne University School of Law

The World Court And The Peaceful Settlement Of Disputes, Cornelius F. Murphy Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer 2016 University of Georgia School of Law

Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer

Georgia Journal of International & Comparative Law

No abstract provided.


Rationalizing Costs In Investment Treaty Arbitration, Susan D. Franck 2016 Washington University School of Law

Rationalizing Costs In Investment Treaty Arbitration, Susan D. Franck

Susan Franck

International investment and related disputes are on the rise. With national courts generally unavailable and difficulties resolving disputes through diplomacy, investment treaties give investors a right to seek redress and arbitrate directly with states. The costs of these investment treaty arbitrations—including the costs of lawyers for both sides, as well as administrative and tribunal expenses—are arguably substantial. This Article offers empirical research indicating that even partial costs could represent more than 10% of an average award. The data set from the pre-2007 population suggested a lack of certainty about total costs, which parties had ultimate liability for costs ...


C-Drum News, Fall 2016, 2016 University of Maryland Francis King Carey School of Law

C-Drum News, Fall 2016

The C-DRUM News

No abstract provided.


Introduction, Special Issue - Arbitration In Africa.Pdf, Perry S. Bechky, Won Kidane, Thomas Snider 2016 Seattle University

Introduction, Special Issue - Arbitration In Africa.Pdf, Perry S. Bechky, Won Kidane, Thomas Snider

Perry S. Bechky

This is the introductory essay by the co-editors of a special issue of Transnational Dispute Management about international arbitration in Africa. The essay provides an overview of the subject matter and introduces the other 28 articles that make up the special issue. The special issue address Africa's impact on international arbitration, investment treaty arbitration, the Africa-Asia nexus, international arbitration in the energy and natural resources sector, and regional and national developments (notably in South Africa and the OHADA region).


The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll 2016 University of Georgia School of Law

The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Settlement-Seeking In Parenting Cases: A Mock Trial, Noel Semple 2016 Selected Works

Judicial Settlement-Seeking In Parenting Cases: A Mock Trial, Noel Semple

Noel Semple

No abstract provided.


Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky 2016 Brooklyn Law School

Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky

Faculty Scholarship

The individual plaintiff plays a critical—yet, underappreciated—role in our legal system. Only lawsuits that are brought by individual plaintiffs allow the law to achieve the twin goals of efficiency and fairness. The ability of individual plaintiffs to seek justice against those who wronged them deters wrongdoing, ex ante, and in those cases in which a wrong has been committed nevertheless, it guarantees the payment of compensation, ex post. No other form of litigation, including class actions and criminal prosecutions, or even compensation funds, can accomplish the same result. Yet, as we show in this Essay, in many key ...


Uncitral And The Enforceability Of Imsas: The Debate Heats Up, Nadja ALEXANDER, Anna Luisa Howard, Dorcas QUEK ANDERSON 2016 Singapore Management University

Uncitral And The Enforceability Of Imsas: The Debate Heats Up, Nadja Alexander, Anna Luisa Howard, Dorcas Quek Anderson

Research Collection School Of Law

This is a first of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, model ...


Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 2, Dorcas QUEK ANDERSON, Nadja ALEXANDER, Anna HOWARD 2016 Singapore Management University

Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 2, Dorcas Quek Anderson, Nadja Alexander, Anna Howard

Research Collection School Of Law

This is the second of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, model ...


Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 4, Anna HOWARD, Nadja ALEXANDER, Dorcas QUEK ANDERSON 2016 Singapore Management University

Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 4, Anna Howard, Nadja Alexander, Dorcas Quek Anderson

Research Collection School Of Law

This is the last of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, model ...


When To Turn To Mediation In Telco Disputes, Dorcas QUEK ANDERSON 2016 Singapore Management University

When To Turn To Mediation In Telco Disputes, Dorcas Quek Anderson

Research Collection School Of Law

The Ministry of Communications and Information(MCI) proposed the introduction of an alternative dispute resolution schemeto assist telecos and consumers in resolving their disputes. The mediationprocess is likely to be used. In response to this suggestion, Straits Times’ Tech Editor MsIrene Tham questioned whether mediation goes far enough to settle telcodisputes. This op-ed discusses the basic principles involved in the mediation process, as well as when mediation is appropriate and conversely when it is not. Recommendations are made on how to decide on the appropriate mode of dispute resolution for a particular dispute.


Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 3, Dorcas QUEK ANDERSON, Nadja ALEXANDER, Anna HOWARD 2016 Singapore Management University

Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 3, Dorcas Quek Anderson, Nadja Alexander, Anna Howard

Research Collection School Of Law

This is the third of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, model ...


Las Juntas De Resolución De Disputas (Dispute Boards) En La Nueva Ley De Contrataciones Del Estado Peruano, Eric Franco Regjo 2016 Selected Works

Las Juntas De Resolución De Disputas (Dispute Boards) En La Nueva Ley De Contrataciones Del Estado Peruano, Eric Franco Regjo

Eric Franco

No abstract provided.


The Fate Of Armed Resistance Groups After Peace, David C. Williams 2016 Indiana University Maurer School of Law

The Fate Of Armed Resistance Groups After Peace, David C. Williams

Indiana Journal of Constitutional Design

No abstract provided.


The Influence Of Arbitrator Background And Representation On Arbitration Outcomes, Stephen Choi, Jill E. Fisch, Adam C. Pritchard 2016 NYU Law School

The Influence Of Arbitrator Background And Representation On Arbitration Outcomes, Stephen Choi, Jill E. Fisch, Adam C. Pritchard

Jill Fisch

No abstract provided.


The Influence Of Arbitrator Background And Representation On Arbitration Outcomes, Stephen Choi, Jill E. Fisch, Adam C. Pritchard 2016 NYU Law School

The Influence Of Arbitrator Background And Representation On Arbitration Outcomes, Stephen Choi, Jill E. Fisch, Adam C. Pritchard

Jill Fisch

No abstract provided.


Teaching Corporate Governance Through Shareholder Litigation, Jill E. Fisch 2016 University of Pennsylvania Law School

Teaching Corporate Governance Through Shareholder Litigation, Jill E. Fisch

Jill Fisch

No abstract provided.


Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger 2016 University of Missouri School of Law

Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger

Lauren Edelman

Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend ...


Resolving Intrastate Conflicts Of Laws: The Example Of The Federal Arbitration Act, Andrew D. Bradt 2016 University of California, Berkeley School of Law (Boalt Hall)

Resolving Intrastate Conflicts Of Laws: The Example Of The Federal Arbitration Act, Andrew D. Bradt

Andrew D. Bradt

Choice-of-law analysis is typically thought of as confined to the multistate setting. This is a mistake. To the contrary, conflicts often appear between statutes of a single state. Unfortunately, courts do not see these cases as “choice-of-law” cases. They see them only as problems of statutory interpretation and ignore conflicts of laws instead of resolving them, either by construing the conflicting statutes independently or applying a canon of construction. Here, I examine the benefits of importing choice-of-law tools—particularly the tools of governmental-interest analysis—into the resolution of intrastate conflicts of laws. When two laws promulgated by the same sovereign ...


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