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Dispute Resolution and Arbitration Commons

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All Articles in Dispute Resolution and Arbitration

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5530 full-text articles. Page 2 of 142.

Upstream, Midstream, And Downstream: Dispute System Design For Sustainable Groundwater Management, Janet Martinez, Esther Conrad, Tara Moran 2018 University of St. Thomas, Minnesota

Upstream, Midstream, And Downstream: Dispute System Design For Sustainable Groundwater Management, Janet Martinez, Esther Conrad, Tara Moran

University of St. Thomas Law Journal

No abstract provided.


Why And How Businesses Use Planned Early Dispute Resolution, John Lande, Peter W. Benner 2018 University of St. Thomas, Minnesota

Why And How Businesses Use Planned Early Dispute Resolution, John Lande, Peter W. Benner

University of St. Thomas Law Journal

No abstract provided.


Ombuds As Nomads? The Intersections Of Dispute System Design And Identity, Timothy Hedeen 2018 University of St. Thomas, Minnesota

Ombuds As Nomads? The Intersections Of Dispute System Design And Identity, Timothy Hedeen

University of St. Thomas Law Journal

No abstract provided.


Collective Bargaining And Dispute System Design, Rafael Gely 2018 University of St. Thomas, Minnesota

Collective Bargaining And Dispute System Design, Rafael Gely

University of St. Thomas Law Journal

No abstract provided.


Closing The Gap: Embedding Advance Care Planning In A Latino Community By Using A Culturally Sensitive Dispute Systems Design Approach, Jacqueline N. Font-Guzmán M.H.A., J.D., Ph.D. 2018 University of St. Thomas, Minnesota

Closing The Gap: Embedding Advance Care Planning In A Latino Community By Using A Culturally Sensitive Dispute Systems Design Approach, Jacqueline N. Font-Guzmán M.H.A., J.D., Ph.D.

University of St. Thomas Law Journal

No abstract provided.


The Dispute Resolver's Role Within A Dispute System Design: Justice, Accountability, And Impact, Lisa Blomgren Amsler 2018 University of St. Thomas, Minnesota

The Dispute Resolver's Role Within A Dispute System Design: Justice, Accountability, And Impact, Lisa Blomgren Amsler

University of St. Thomas Law Journal

No abstract provided.


Pepperdine Dispute Resolution Law Journal Masthead, Nicole M. Hogan 2018 Pepperdine University

Pepperdine Dispute Resolution Law Journal Masthead, Nicole M. Hogan

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Celebrating Mundane Conflict, Deborah J. Cantrell 2018 Pepperdine University

Celebrating Mundane Conflict, Deborah J. Cantrell

Pepperdine Dispute Resolution Law Journal

This Article interrogates the dominant conception of conflict and challenges the narrative of conflict as hard, difficult and painful to engage. The Article reveals two primary framing errors that cause one to misperceive how ubiquitous and ordinary is conflict. The first error is to misperceive conflict as categorical — something either is a conflict or it is not. People make that error as a way of trying to avoid conflict. People falsely hope that there might be a category of “not conflict,” like disagreements, that will be easier to navigate. The second error is to misperceive the world and individuals as ...


The Possibility Of Using Alternative Dispute Resolution For Election Law Disputes, Jessica Becerra 2018 Pepperdine University

The Possibility Of Using Alternative Dispute Resolution For Election Law Disputes, Jessica Becerra

Pepperdine Dispute Resolution Law Journal

This article looks at the positive effects that ADR can have in resolving election law disputes before, during, and after elections. First, this article will focus on the significance of implementing ADR processes in resolving election law disputes. Next, this article will explain the background and impact that election law disputes have on voters, candidates, and the election process as a whole. This article will then explore why ADR processes should be implemented as opposed to using litigation to resolve election law disputes. After, this article will explain a proposed solution to resolving election law disputes through mediation or arbitration ...


Dispute Resolution Mechanisms: An Analysis Of The Indus Waters Treaty, Waseem Ahmad Qureshi 2018 Pepperdine University

Dispute Resolution Mechanisms: An Analysis Of The Indus Waters Treaty, Waseem Ahmad Qureshi

Pepperdine Dispute Resolution Law Journal

Since India and Pakistan’s independence in 1947, both states have fought over the occupied territories of Kashmir to gain control of water supplies, which are strategically valuable. Even in recent times, the countries are facing constant threats from each other over several separate issues. India and Pakistan’s water conflicts are long-standing and relate to Indian infrastructure on the western tributaries. Pakistan is of the view that India is robbing Pakistan’s water supplies and building its water management capacity only as a political maneuver to gain political supremacy by practicing hydro-hegemony. On the other hand, India maintains that ...


Uniting Foes Of A Single Nation: Religious Dispute Resolution For India And Pakistan, Abraham Reinherz 2018 Pepperdine University

Uniting Foes Of A Single Nation: Religious Dispute Resolution For India And Pakistan, Abraham Reinherz

Pepperdine Dispute Resolution Law Journal

This article will bring forth the argument that a religious-based dispute resolution mechanism should be employed to, at a bare minimum, build bridges between the two countries that are dominated by Hinduism and Islam. This article is not suggesting that religious-based dispute resolution will be a panacea to the India-Pakistan conflict, but simply a method of putting the countries on a step towards reconciliation. Section II of the article will detail the historical background of the conflict. Section III will highlight existing ADR in both India and Pakistan. Section IV will go over the Islamic perspective on dispute resolution. Section ...


The Path Towards Defining “Investment” In Icsid Investor-State Arbitrations: The Open-Ended Approach, Melissa María Valdez García 2018 Pepperdine University

The Path Towards Defining “Investment” In Icsid Investor-State Arbitrations: The Open-Ended Approach, Melissa María Valdez García

Pepperdine Dispute Resolution Law Journal

Article 25 of the International Convention on the Settlement of Investment Disputes left the notion of “investment” intentionally undefined, thus leaving its interpretation in the hands of arbitration tribunals, which has led to inconsistencies, confusion and debate regarding the true essence of what may appear as a routine concept. This article tries to explain that the proper meaning of “investment” under the Convention must be clarified not only by discussing the drafting history of the Convention, but by also examining doctrinal tendencies, key aspects of corresponding arbitration awards and customary international law and argues that arbitration tribunals should show strong ...


Arbitration And Protection Under The Un Convention Against Torture And Other Cruel, Inhuman, Degrading Treatment, Or Punishment, Nicole M. Hogan 2018 Pepperdine University

Arbitration And Protection Under The Un Convention Against Torture And Other Cruel, Inhuman, Degrading Treatment, Or Punishment, Nicole M. Hogan

Pepperdine Dispute Resolution Law Journal

This article will discuss the UN Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention”), and how arbitration can be used to best serve victims who were subjected to treatment that is prohibited under the Convention. Part II will give a background on the Convention. Part III will introduce the arbitration provision that is included in Article 30 of the Convention, which is important to the foundation of this article. Additionally, this section will discuss how arbitration works as an Alternative Dispute Resolution procedure, and will highlight some of the benefits of arbitration over litigation. Part ...


Inherently Unneutral Investment Treaty Arbitration: The Formation Of Decisive Arguments In Jurisdictional Determinations, Relja Radovic 2018 University of Missouri School of Law

Inherently Unneutral Investment Treaty Arbitration: The Formation Of Decisive Arguments In Jurisdictional Determinations, Relja Radovic

Journal of Dispute Resolution

The legitimacy crisis of investment treaty arbitration is much discussed, often challenging the neutrality of that system as a whole. Besides concentrating on the direction in which cases are being decided, or in which the law is being interpreted, the neutrality of investment treaty arbitration as a system can also be discussed from the perspective of its foundations. This article looks at the arbitral use of the two basic ideals of investment treaty arbitration, namely the legalistic and teleological notions, in the formation of decisive arguments, in the particular context of jurisdictional decisions. It examines to what extent the two ...


Value And Judgment In Investment Treaty Arbitration, Frederic Gilles Sourgens 2018 University of Missouri School of Law

Value And Judgment In Investment Treaty Arbitration, Frederic Gilles Sourgens

Journal of Dispute Resolution

Are international treaties consenting to the resolution of disputes between foreign investors and the host states to their investment still a good idea? Recent and not so recent criticism of such treaty provisions calls into question whether investor-state tribunals can act as neutral arbiters of such disputes. This criticism argues that tribunals are biased in favor of the business interests of investors—and therefore disfavor the state’s right to regulate. Responses to this criticism frequently have alleged the opposite: The arbitral tribunals constituted under international treaties are, if anything, too friendly towards the interests of states. They fail to ...


Vatican Mediation And The Venezuelan Crisis, Emma Altheide 2018 University of Missouri School of Law

Vatican Mediation And The Venezuelan Crisis, Emma Altheide

Journal of Dispute Resolution

Part II will discuss the dispute between Argentina and Chile in the 1970s concerning property rights in the Beagle Channel, as well as the restoration of diplomatic relations between the United States and Cuba in 2015. Part III will outline the events leading to the crisis in Venezuela, where President Nicolás Maduro has brought the government to the brink of authoritarian rule. This section will assess the Vatican’s offer to mediate in Venezuela in light of the country’s current climate and previous instances of Vatican mediation. Part IV will examine the Vatican as a mediator, analyzing the attributes ...


Adr That Is Out Of This World: A Regime For The Resolution Of Outer-Space Disputes, George Khoukaz 2018 University of Missouri School of Law

Adr That Is Out Of This World: A Regime For The Resolution Of Outer-Space Disputes, George Khoukaz

Journal of Dispute Resolution

The United States’ interest in enlarging and increasing its presence in outer space is an extension of its current geographically extensive military presence around the globe. These outer-space exploratory goals are compared to the expansionist aspirations of ocean-born European empires of the 17th and 18th centuries; and therefore project a future where nations will compete over space-control to gain a geostrategic advantage on Earth.


Online Dispute Resolution For Divorce Cases In Missouri: A Remedy For The Justice Gap, Danielle Linneman 2018 University of Missouri School of Law

Online Dispute Resolution For Divorce Cases In Missouri: A Remedy For The Justice Gap, Danielle Linneman

Journal of Dispute Resolution

This Comment will analyze the use of ODR for divorce disputes in Missouri by first explaining the use of ODR and then analyzing its evolution. How ODR has grown on a global level and entered the realm of family law will also be viewed, as well as how other countries have used ODR to successfully resolve divorce case disputes. Recent proposals in the United States for use of ODR programs to resolve domestic disputes will be discussed, before evaluating how ODR programs could be implemented into Missouri’s legal system as a way to begin shaping the future of America ...


Mediating Farm Nuisance: Comparing New Jersey, Missouri, And Iowa Right To Farm Laws And How They Utilize Mediation Techniques, Gina Moroni 2018 University of Missouri School of Law

Mediating Farm Nuisance: Comparing New Jersey, Missouri, And Iowa Right To Farm Laws And How They Utilize Mediation Techniques, Gina Moroni

Journal of Dispute Resolution

Is it a right to farm, or a right to be a bad neighbor? The ability to sue a neighbor who farms claiming nuisance is largely dependent on each state’s right to farm law. Just because there is a nuisance claim that can be filed in court does not necessarily mean the complaint should be heard in court. Instead, mediation can be a low cost, confidential, and even binding alternative which helps parties resolve their disputes in creative ways. Section II of this Comment examines what right to farm laws do, the agricultural dynamics that led to the creation ...


Table Of Contents, 2018 University of Missouri School of Law

Table Of Contents

Journal of Dispute Resolution

No abstract provided.


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