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Los 60 Años De La Convención De Nueva York Y La Práctica Jurisprudencial Internacional Frente Al Reconocimiento Y Ejecución De Laudos Extranjeros Anulados En La Sede Del Arbitraje, Marlon M. Meza-Salas 2018 University of Miami Law School

Los 60 Años De La Convención De Nueva York Y La Práctica Jurisprudencial Internacional Frente Al Reconocimiento Y Ejecución De Laudos Extranjeros Anulados En La Sede Del Arbitraje, Marlon M. Meza-Salas

University of Miami International and Comparative Law Review

No abstract provided.


Bankruptcy’S Uneasy Shift To A Contract Paradigm, David A. Skeel Jr., George Triantis 2018 University of Pennsylvania Law School

Bankruptcy’S Uneasy Shift To A Contract Paradigm, David A. Skeel Jr., George Triantis

Faculty Scholarship at Penn Law

The most dramatic development in twenty-first century bankruptcy practice has been the increasing use of contracts to shape the bankruptcy process. To explain the new contract paradigm—our principal objective in this Article-- we begin by examining the structure of current bankruptcy law. Although the Bankruptcy Code of 1978 has long been viewed as mandatory, its voting and cramdown rules, among others, invite considerable contracting. The emerging paradigm is asymmetric, however. While the Code and bankruptcy practice allow for ex post contracting, ex ante contracts are viewed with suspicion.

We next use contract theory to assess the two modes of ...


The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki 2018 Selected Works

The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki

Hiro Aragaki

No abstract provided.


A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements, Brielle Oshinsky 2018 Brooklyn Law School

A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements, Brielle Oshinsky

Brooklyn Journal of Corporate, Financial & Commercial Law

Recently, federal circuit courts have presented contrasting outcomes regarding the legality of mandatory class action waivers in arbitration agreements. More specifically, these outcomes vary on whether such waivers violate the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA), and importantly, whether it is possible for these statutes to coexist with the Federal Arbitration Act (FAA). The Second, Fifth, and Eighth Circuits have previously held that the act of an employer requiring employees to sign class action waivers in arbitration agreements posed no violation to either the FLSA or the NLRA. However, in May 2016, the Seventh ...


Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas 2018 Brooklyn Law School

Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas

Brooklyn Journal of International Law

The recent warming of relations between the United States and Cuba offered generations of Cubans; Americans; and Cuban Americans renewed hope for normalized relations. One obstacle—satisfactory resolution of property claims—stands in the way; which dates back to the Cuban government’s nationalization of all U.S. assets on the island. The Cuban Liberty and Democratic Solidarity Act of 1996 (the “Helms-Burton Act”) predicates resolution of these decades-old property claims by the Cuban government as an essential condition for the full resumption of economic and diplomatic relations between the two neighbors. Separated by only ninety miles of Caribbean Sea ...


Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski 2018 Brooklyn Law School

Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski

Brooklyn Journal of International Law

As the world has transitioned from national; isolated economies with localized issues into a globalized and interconnected economy with cross-border disputes; the law has struggled to keep up. Recent trade negotiations have highlighted the difficulty states face in promoting trade; while also creating a fair; accessible; and equitable forum for producers and consumers with nationalities touching every area of the globe. For several decades; Investor-State Dispute Settlement (ISDS) has been in place to address claims brought by foreign investors against the host states. External improvements have helped support foreign direct investment and the ISDS model of dispute resolution; such as ...


The Trump-Kim Summit: Is “Attitude” More Important Than Preparation?, Nadja ALEXANDER 2018 Singapore Management University

The Trump-Kim Summit: Is “Attitude” More Important Than Preparation?, Nadja Alexander

Research Collection School Of Law

Here in Singapore, along with the rest of the world, we await the Trump-Kim Summit scheduled for Tuesday 12 June. What can we expect? While we may have learned to expect the unexpected from these two leaders, Donald Trump and Kim Jong-Un, recent media reports have highlighted one apparently predictable feature of Trump’s negotiation approach. As a CNN reporter framed it: “Trump picks ‘attitude’ over prep work ahead of Singapore summit”. In relation to the Summit, Trump has reportedly said, it is about attitude not preparation. Earlier this year as he rejected Japan’s proposal for a tripartite co-ordination ...


Dispute Resolution In The Digital Age - Online Dispute Resolution, Amy J. Schmitz 2018 University of Missouri School of Law

Dispute Resolution In The Digital Age - Online Dispute Resolution, Amy J. Schmitz

Open Educational Resources

Dispute Resolution in the Digital Age includes the resources created and used by Professor Amy J. Schmitz at the University of Missouri School of Law to teach online dispute resolution. These materials are created as as open educational resources under a Creative Commons BY-NC 4.0 license. The materials may be shared and adapted as long as Prof. Schmitz receives attribution and the use is non-commercial.


Doping Appeals At The Court Of Arbitration For Sport: Lessons From Essendon, David Mahoney 2018 Boston College Law School

Doping Appeals At The Court Of Arbitration For Sport: Lessons From Essendon, David Mahoney

Boston College Law Review

In recent years, there has been an increase in the growth of the sports industry globally. With it has come the growth of global sports arbitration. The Court of Arbitration for Sport (“CAS”), created in part because of the increase in sport-related arbitration, is designed to promote efficiency and uniformity in the resolution of disputes. Despite the noteworthy objectives of the CAS, recent developments, such as the supplement scandal surrounding the Essendon Football Club of the Australian Football League, highlight the pressure that endures between individual athletes and sport governing bodies. This pressure is especially clear in instances where athletes ...


Striving For Consistency: The Battle Of Jurisdiction In Enforcing Arbitration Awards, Leah Hengemuhle 2018 Boston College Law School

Striving For Consistency: The Battle Of Jurisdiction In Enforcing Arbitration Awards, Leah Hengemuhle

Boston College Law Review

On January 20, 2017, in Ortiz-Espinosa v. BBVA Securities of Puerto Rico, the U.S. Court of Appeals for the First Circuit expanded the U.S. Supreme Court’s decision in Vaden v. Discovery Bank and held that the “look through” approach to determine federal jurisdiction applied to petitions to enforce, modify, and vacate arbitration awards under the Federal Arbitration Act. The First Circuit relied heavily on the Supreme Court’s reasoning in Vaden to support its conclusion that applying the “look through” test created a single and consistent jurisdictional approach. This Comment argues that the First Circuit was correct ...


Contents, Nicole M. Hogan 2018 Pepperdine University

Contents, Nicole M. Hogan

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Symposium Transcript: Pepperdine Drlj Symposium 2018, Jenna King 2018 Pepperdine University

Symposium Transcript: Pepperdine Drlj Symposium 2018, Jenna King

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf von Kumberg 2018 Pepperdine University

Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf Von Kumberg

Pepperdine Dispute Resolution Law Journal

This paper argues that the current criticisms of Investor-State Dispute Settlement (ISDS) are ill-informed, and attempts at reforming the system are misguided. The definition of ISDS itself has been, for a long time, limited to investment quasi-judicial bodies or at best arbitration. Analysis of the roots of the ever growing backlash reveals that the main causes for concern are politically negotiated investment treaties, an inherently biased system, lack of transparency, and inconsistent decision-making. Examination of the core reasons behind these complaints leads to the conclusion that the EU Commission’s solution to reform ISDS through a permanent court raises more ...


The Cyprus Banking Haircut And Human Rights, The Way To Go?, Venetia Argyropoulou 2018 Pepperdine University

The Cyprus Banking Haircut And Human Rights, The Way To Go?, Venetia Argyropoulou

Pepperdine Dispute Resolution Law Journal

The Cyprus Banking Haircut of 2013 (Cyprus Haircut or Haircut) was unprecedented and had devastating implications for investors. However, more than four years after the Cyprus Haircut of 2013, account holders and shareholders in Cyprus’ two largest banks at the time—Bank of Cyprus and Cyprus Popular Bank—still do not have any available recourse for their losses. Indeed, despite account holders having resorted to national courts in the Republic of Cyprus, the Court of Justice of the European Union (CJEU) and international tribunals, such as the International Centre for Settlement of Investment Disputes (ICSID). Despite making human rights’ claims ...


Alternative Dispute Resolution In Africa: Is Adr The Bridge Between Traditional And Modern Dispute Resolution?, Catherine Price 2018 Pepperdine University

Alternative Dispute Resolution In Africa: Is Adr The Bridge Between Traditional And Modern Dispute Resolution?, Catherine Price

Pepperdine Dispute Resolution Law Journal

This article advocates for using Ghana’s introduction of ADR as a model for other African countries. Like Ghana, most African countries have adopted a form of ADR based on Western nations; however, as African culture and legal systems are quite different than Western culture, modifications are necessary. Ghana’s experience shows that modern ADR can be adopted into African countries, but an understanding of the traditional mechanisms is necessary. Part II of this article provides an introduction of ADR and its historical context in Africa. Part III examines customary and modern dispute resolution. It looks at the relationship between ...


Conceptualizing A Framework Of Institutionalized Appellate Arbitration In International Commercial Arbitration, Axay Satagopan 2018 Pepperdine University

Conceptualizing A Framework Of Institutionalized Appellate Arbitration In International Commercial Arbitration, Axay Satagopan

Pepperdine Dispute Resolution Law Journal

The absence of the option to prefer substantive appeals from arbitral adjudication is a conspicuous systemic peculiarity of the arbitral process. While this absence has for the most part been accepted without question or resistance as being an axiomatic entailment of the arbitral process, the last two decades have witnessed an increasing amount of criticism directed at it, both from scholarship as well as the business community. The criticism has been especially emphatic, in relation to international commercial arbitrations, a sizeable proportion of which pertain to complex and high stake disputes. Moreover, there has been a concurrent increase in the ...


Mets Players Arbitration Results, Edmund P. Edmonds 2018 University of Notre Dame

Mets Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.


New York Mets Arbitration Hearings Chart, Edmund P. Edmonds 2018 University of Notre Dame

New York Mets Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.


Cubs Players Arbitration Results, Edmund P. Edmonds 2018 University of Notre Dame

Cubs Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.


Diamondbacks Players Arbitration Results, Edmund P. Edmonds 2018 University of Notre Dame

Diamondbacks Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.


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