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Masthead & Table Of Contents, Carson W. Bennett 2020 Pepperdine University

Masthead & Table Of Contents, Carson W. Bennett

Pepperdine Dispute Resolution Law Journal

No abstract provided.


The Advantages Of Incorporating Mechanisms From The Salary Arbitration Models Of Mlb And The Nhl In A Salary Arbitration System In Mls, Andrew Real 2020 Pepperdine University

The Advantages Of Incorporating Mechanisms From The Salary Arbitration Models Of Mlb And The Nhl In A Salary Arbitration System In Mls, Andrew Real

Pepperdine Dispute Resolution Law Journal

This article will propose that Major League Soccer adopt a salary arbitration system similar to that used in both Major League Baseball and the National Hockey League. MLS should emulate those strategies of other professional leagues that have resulted in growth. The salary arbitration model is one such advantageous strategy. Part II of this article will provide a summary of the current salary structures and mechanisms of MLS. Part II will also discuss the problems and the origins of the problems associated with MLS's current salary structures and mechanisms. Part III will summarize how salary arbitration is utilized in ...


Israeli Perspectives On Alternative Dispute Resolution And Justice, Omer Shapira 2020 Pepperdine University

Israeli Perspectives On Alternative Dispute Resolution And Justice, Omer Shapira

Pepperdine Dispute Resolution Law Journal

Israel is a highly litigious country with an overburdened legal system infected with delays. In addition, Israeli society is highly diversified and saturated with social disagreements and rifts between groups. This article identifies two concepts of justice in ADR discourse in Israel—Justice as Efficiency and Justice Beyond Efficiency—and illustrates their application in the context of several ADR developments in the court system, community mediation, the education system, environmental conflicts, and complaints against public bodies. Using these visions of justice, the article explores the justice goals of ADR in Israel, assesses whether they have been achieved, and considers the ...


Investor-State Arbitration: Economic And Empirical Perspectives, Michael Faure, Wanli Ma 2020 Masstricht University

Investor-State Arbitration: Economic And Empirical Perspectives, Michael Faure, Wanli Ma

Michigan Journal of International Law

The investor-state arbitration system (“ISA”) was originally modelled on traditional commercial arbitration and was expected to deliver fast, good, and cheap decisions, especially in comparison to domestic court systems. Yet the ISA system has increasingly been criticized, especially by developing countries. Developing countries claim that the system is not cheap, that decision-making increasingly takes a long time, and that arbitrators are biased in favor of investors (often coming from developed countries in the global North) and against states from the developing South. Several developing states have even withdrawn from the ICSID Convention, which governs the settlement of disputes between investors ...


New Prime Inc. V. Oliveira: Putting The Wheels Back On The Faa’S Section 1 Exemption For Transportation Workers, Reed C. Trechter 2020 University of Oklahoma College of Law

New Prime Inc. V. Oliveira: Putting The Wheels Back On The Faa’S Section 1 Exemption For Transportation Workers, Reed C. Trechter

Oklahoma Law Review

No abstract provided.


Preventing The Bad From Getting Worse: The End Of The World (Trade Organization) As We Know It?, Bernard Hoekman, Petros C. Mavroidis 2020 European University Institute, Robert Schuman Centre for Advanced Studies (RSCAS)

Preventing The Bad From Getting Worse: The End Of The World (Trade Organization) As We Know It?, Bernard Hoekman, Petros C. Mavroidis

Faculty Scholarship

Recent survey evidence and proposals made in long-running negotiations to improve WTO dispute settlement procedures illustrate that many stakeholders believe the system needs improvement. The Appellate Body crisis could have been avoided but for the use of consensus as WTO working practice. Resolving the crisis should prove possible because the matter mostly concerns a small number of more powerful WTO members. We make several proposals to revitalize the WTO appellate function but argue that unless the WTO becomes a locus for new rulemaking, re-establishing the appellate function will not prevent a steady decline in the salience of the organization. A ...


Sovereign Immunity For Russia's Rocket Engines? Enforcing The "Yukos" Award, Evan Drake 2019 Brooklyn Law School

Sovereign Immunity For Russia's Rocket Engines? Enforcing The "Yukos" Award, Evan Drake

Brooklyn Journal of International Law

In 2003 Yukos Oil Company was once the largest oil company in Russia, and its oligarch CEO was Russia’s richest man. By 2007 Yukos had been dissolved, its CEO arrested, and its assets acquired by Russian state oil giants Rosneft and Gazprom. The fall of Yukos triggered what may be the largest arbitral dispute of all time. In 2014, the former shareholders of Yukos successfully won a $50 billion award against Russia for violations of the Energy Charter Treaty – by far the largest in history. Now the shareholders need to collect. This Note examines how Yukos could enforce its ...


Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina 2019 Brooklyn Law School

Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina

Brooklyn Journal of International Law

Third-party funding in global commerce and dispute resolution has gained considerable traction in the last few decades. The rise in complex international arbitration cases has encouraged a demand for third-party funding arrangements since the disputes involve large amounts of money in addition to high legal costs. This Note explores the implications of third-party funding on the practice of international arbitration, particularly with the expansion of arbitral institutions’ doctrinal rules to address the use of third-party funding. Much of the pre-existing research and literature highlights the issues that third-party funding poses in international arbitration proceedings, but fails to consider a broader ...


The Oecd Multilateral Tax Instrument: A Model For Reforming The International Investment Regime?, Wolfgang Alschner 2019 Brooklyn Law School

The Oecd Multilateral Tax Instrument: A Model For Reforming The International Investment Regime?, Wolfgang Alschner

Brooklyn Journal of International Law

The international tax and investment regimes display striking similarities. They are both based on thousands of bilateral treaties that follow similar principles but differ in fine print. They each facilitate the free flow of international capital by respectively disciplining fiscal and regulatory host state conduct. Finally, they share common historical foundations and have experienced similar periods of rapid diffusion and deep contestation. Yet, while the international tax regime recently accomplished a sweeping reform to solve a decades-old legitimacy crisis, the investment regime is still grappling with its own legitimacy crisis and reform. In 2018, the multilateral tax instrument (MLI) entered ...


Rethinking Adjudicative Jurisdiction In International Law, Satya T. Mouland 2019 University of Washington School of Law

Rethinking Adjudicative Jurisdiction In International Law, Satya T. Mouland

Washington International Law Journal

The contribution of national courts to international law has long been doubted in the international law literature. As an aspect of the state’s power to prescribe, courts have been conceived as organs that merely apply the state’s laws, which may give effect to an international law norm. According to this conception, national courts merely apply and operate within the state’s national legal system and rarely have a direct contribution to international law. However, in enforcement proceedings for international arbitral awards, arising at the intersection between the law of state immunity and the law governing the enforcement of ...


Hybrid Dispute Resolution Beyond The Belt And Road: Toward A New Design Of Chinese Arb-Med(-Arb) And Its Global Implications, Weixia Gu 2019 University of Washington School of Law

Hybrid Dispute Resolution Beyond The Belt And Road: Toward A New Design Of Chinese Arb-Med(-Arb) And Its Global Implications, Weixia Gu

Washington International Law Journal

Arb-med is a form of hybrid dispute resolution that combines an adjudicative approach (arbitration) with a non-adjudicative approach (mediation). Dispute resolution clauses requiring arb-med will assume a popular role in resolving disputes that arise under China’s Belt and Road Initiative. This article argues that China should regulate arb-med in a way to reconcile local practices (mediation) with international expectations (arbitration) in context of the BRI. As an economic bloc proposed by China, the BRI development has the potential to promote dispute resolution means with Chinese characteristics such as arb-med. Global comparative study of leading arbitration jurisdictions in the East ...


Confidentiality Agreements: The Florida Sunshine In Litigation Act, The #Metoo Movement, And Signing Away The Right To Speak, Loune-Djenia Askew 2019 University of Miami Law School

Confidentiality Agreements: The Florida Sunshine In Litigation Act, The #Metoo Movement, And Signing Away The Right To Speak, Loune-Djenia Askew

University of Miami Race & Social Justice Law Review

No abstract provided.


Win-Win In Distributive Negotiations: The Economic And Relational Benefits Of Strategic Offer Framing, Michael SCHAERER, Martin SCHWEINSBERG, Nico THORNLEY, Roderick I. SWAAB 2019 Singapore Management University

Win-Win In Distributive Negotiations: The Economic And Relational Benefits Of Strategic Offer Framing, Michael Schaerer, Martin Schweinsberg, Nico Thornley, Roderick I. Swaab

Research Collection Lee Kong Chian School Of Business

In distributive negotiations, people often feel that they have to choose between maximizing their economic outcomes (claiming more value) or improving their relational outcomes (having a satisfied opponent). The present research proposes a conversational strategy that can help negotiators achieve both. Specifically, we show that using an offer framing strategy that shifts offer recipients’ attention to their reservation price (e.g., “How does my offer compare to your minimum price?”) leads to both (a) an assimilation effect whereby recipients make more favorable counteroffers (economic benefit) as well as (b) a contrast effect whereby recipients feel more satisfied with the negotiation ...


Foreign Arbitral Awards And The Second Circuit: Enforcement Considerations For Annulments, Calvin Jonker 2019 Pepperdine University

Foreign Arbitral Awards And The Second Circuit: Enforcement Considerations For Annulments, Calvin Jonker

The Journal of Business, Entrepreneurship & the Law

Many international business transactions integrate an arbitration clause into the agreement as companies choose to keep potential disputes out of the court systems. Enforcement of the awards rendered pursuant to such agreements is straightforward in the United States thanks to the Federal Arbitration Act, as long as the United States is the forum for the arbitration proceeding. Even if the forum is outside of U.S. jurisdiction, several treaties, namely the Panama Convention and the New York Convention, provide for recognition of a foreign arbitrated award by U.S. courts, as well as recognition by U.S. courts of any ...


Arbitration Agreements – What Is The Employee Actually Signing Up For?, Kennedy Poe 2019 Pepperdine University

Arbitration Agreements – What Is The Employee Actually Signing Up For?, Kennedy Poe

The Journal of Business, Entrepreneurship & the Law

This note will examine the various effects and implications the Supreme Court’s decision concerning the legality of class action waivers within employee-employer contracts will have on employers, employees, and the contracts made between them. Part I will identify class action waivers within an employment contract’s arbitration agreement and will further elaborate upon the legal implications of such waivers being present in the contract. Part II will then discuss the history of the NLRA and assess its present-day role in employee–employer contract formation, in order to provide clarity as to the dispute that has arisen between the NLRA ...


Using Court-Connected Adr To Increase Court Efficiency, Address Party Needs, And Deliver Justice In Massachusetts, Madhawa Palihapitiya, Susan Jeghelian, Kaila Eisenkraft 2019 University of Massachusetts Boston

Using Court-Connected Adr To Increase Court Efficiency, Address Party Needs, And Deliver Justice In Massachusetts, Madhawa Palihapitiya, Susan Jeghelian, Kaila Eisenkraft

Massachusetts Office of Public Collaboration Publications

This report presents research and findings from a study of court-connected ADR commissioned by the Executive Office of the Trial Court (EOTC). The study was conducted by the state office of dispute resolution also known as the Massachusetts Office of Public Collaboration at the University of Massachusetts Boston. The office has been serving as a neutral forum and state-level resource for almost 30 years. Its mission is to establish programs and build capacity within public entities for enhanced conflict resolution and intergovernmental and cross-sector collaboration in order to save costs for the state and its citizens and enable effective problem-solving ...


C-Drum News, Fall 2019, 2019 University of Maryland Francis King Carey School of Law

C-Drum News, Fall 2019

The C-DRUM News

No abstract provided.


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Summary: Blockchain, The Rise Of Trustless Trust?, Kevin Werbach 2019 University of Pennsylvania

Summary: Blockchain, The Rise Of Trustless Trust?, Kevin Werbach

Wharton PPI B-School for Public Policy Seminar Summaries

Blockchain is a term that is used for a family of distributed ledger technologies (DLT). Although there is one virtual ledger, every participant in the network has a copy, allowing for local control of data and transparency while ensuring all ledgers remain in sync. This summary of Professor Kevin Werbach's B-School for Public Policy Seminar, discusses how blockchain platforms and more traditional legal mechanisms can be made to work together.


Mediation And Millennials: A Generational Shift In Dispute System Preferences, Shawna Benston, Brian Farkas 2019 Columbia University

Mediation And Millennials: A Generational Shift In Dispute System Preferences, Shawna Benston, Brian Farkas

Pace Law Review

Millennials have been the subject of intense media scrutiny for more than a decade. Studies have examined their social, financial, technological, and work habits. However, few studies have examined this generation’s attitudes or proclivities towards civil litigation. Such an examination presents two problems: First, the absence of data on litigants’ age makes an empirical study virtually impossible. Second, generalizations about an entire generation are inherently problematic, glossing over countless cultural, economic, familial, and demographic differences. Nevertheless, this Article argues that millennials’ experiences and educations have primed them, at the margins, to avoid litigation more than prior generations. Instead, this ...


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