Catch Me If You Can: Claiming Jurisdiction Over An Overseas Defendant: Shanghai Turbo Enterprises Ltd V Liu Ming [2019] Sgca 11, 2019 Singapore Management University
Catch Me If You Can: Claiming Jurisdiction Over An Overseas Defendant: Shanghai Turbo Enterprises Ltd V Liu Ming [2019] Sgca 11, Aaron Yoong, Nguyen Sinh Vuong
Research Collection Yong Pung How School Of Law
The appellant, Shanghai Turbo Enterprises Ltd (“Shanghai Turbo”), is a Singapore-listed company that owns Hong Kong-incorporated Best Success (Hong Kong) Ltd, which in turn owns China-incorporated Changzhou 3D Technological Complete Set Equipment Ltd (“CZ3D”). The respondent, Liu Ming (“Liu”), owned approximately 30% of the shares in Shanghai Turbo. He was also a director of all three companies, and held other management positions there. In April 2017, Shanghai Turbo fired Liu from all his positions in the companies, allegedly because of declining levels of profit under his management. Subsequently, Shanghai Turbo filed a suit against Liu for breaching his service agreement …
Nfl 3-0 In Federal Appellate Court Challenges To Player Suspensions: A Pattern Of "Substantial Deference" To The Nfl Creates And Uphill Battle For Players, 2019 Villanova University Charles Widger School of Law
Nfl 3-0 In Federal Appellate Court Challenges To Player Suspensions: A Pattern Of "Substantial Deference" To The Nfl Creates And Uphill Battle For Players, Kara Crawford
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
A New Strategy For Regulating Arbitration, 2019 Northwestern Pritzker School of Law
A New Strategy For Regulating Arbitration, Sarath Sanga
Northwestern University Law Review
Confidential arbitration is a standard precondition to employment. But confidential arbitration prevents a state from ensuring or even knowing whether employees’ economic, civil, and due process rights are respected. Further, employers regularly require employees to waive rights to class proceedings (thereby foreclosing small claims) and to arbitrate under the laws of another jurisdiction (thereby evading mandatory state law). In response, states have tried to regulate arbitration provisions, arbitral awards, and arbitral processes. But these efforts have all failed because the Supreme Court says they are preempted by the Federal Arbitration Act.
In this Article, I argue that states can and …
Dispute Resolution Neutrals' Ethical Obligation To Support Measured Transparency, 2019 Texas A&M University School of Law
Dispute Resolution Neutrals' Ethical Obligation To Support Measured Transparency, Nancy A. Welsh
Faculty Scholarship
In 2016, the Consumer Financial Protection Bureau (CFPB) issued proposed rules that would have brought substantial transparency to mandatory pre-dispute consumer arbitration. In particular, the CFPB proposed to require regulated providers of financial products and services to report to the CFPB regarding their use and the outcomes of arbitrations conducted pursuant to arbitration clauses, and further, the CFPB proposed to make such information public (with appropriate redactions). Although Congress and the President ultimately annulled the CFPB’s proposed rule, its introduction revealed the need for dispute resolution neutrals to support bringing “measured transparency” to private dispute resolution. To place the CFPB’s …
Judicial Mediation: From Debates To Renewal, 2019 Universite de Sherbrooke
Judicial Mediation: From Debates To Renewal, Jean-Francois Roberge, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
Judicial mediation involving a judge actingas a mediator in a court dispute has been implemented in many jurisdictionsworldwide as a way to overcome access to justice challenges. This innovationhas raised many debates on the changing role of the judge built on either its congruence with or divergence from judicial adjudication. Over the years, thesedebates have become increasingly stagnant. The evolving vision on access tojustice brings an opportunity to draw from the earlier debates and forge adifferent way forward. This paper argues that a coequality approach to understanding judicial mediation is a betterway to design the process in a way that …
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, 2019 Loyola Marymount University and Loyola Law School
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Table Of Contents, 2019 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Metastasization Of Mandatory Arbitration, 2019 Cornell University
The Metastasization Of Mandatory Arbitration, Alexander J.S. Colvin
Chicago-Kent Law Review
Mandatory arbitration procedures have expanded to become a common feature of American employment relations. This article presents the results of a new original survey examining the extent of mandatory arbitration, where it is most commonly used, and which employees it is most likely to affect. Overall, 53.9 percent of private sector business establishments, representing 56.2 percent of nonunion employees, have mandatory arbitration procedures. Larger employers are more likely to have adopted mandatory arbitration, as are workplaces with lower paid employees. Mandatory arbitration is particularly common in California, North Carolina, and Texas, but is widespread nationwide. Class action waivers are included …
Surveying The Scene: How Representatives’ Views Informed A New Era In Irish Workplace Dispute Resolution, 2019 Technological University Dublin
Surveying The Scene: How Representatives’ Views Informed A New Era In Irish Workplace Dispute Resolution, Brian Barry
Articles
The Workplace Relations Act 2015 introduced a major overhaul of workplace dispute resolution bodies in Ireland, streamlining a complicated system for resolving workplace disputes comprising multiple fora into a two-tier structure. The article describes and analyses the results of two surveys undertaken by the author of the views of employment law and industrial relations practitioners and other representatives in Ireland before the reforms in 2011 and after the reforms in 2016. This article describes the purpose, methodology and considers the results of both surveys. The 2011 survey informed the agenda for reforming the Irish workplace dispute resolution system in 2015. …
An Implied Ground For Refusal To Enforce Imsas Under The Singapore Convention On Mediation: The Effect Of Article 6, 2019 Singapore Management University
An Implied Ground For Refusal To Enforce Imsas Under The Singapore Convention On Mediation: The Effect Of Article 6, Shouyu Chong, Nadja Alexander
Research Collection Yong Pung How School Of Law
This post is part of a series on the UN Convention on Mediated Settlement Agreements Resulting from Mediation (the Singapore Convention on Mediation). In previous posts we have outlined the conventional view that Article 5 of the Singapore Convention establishes exhaustively all the possible exceptions to the enforcement of iMSAs that have otherwise have complied with the requirements set out under Article 4. In this post we question this initial position and ask whether there is an implied ground for refusal to enforce iMSAs under the Singapore Convention made available through an application of Article 6.
Singapore Convention Series: Why Is There No ‘Seat’ Of Mediation?, 2019 Singapore Management University
Singapore Convention Series: Why Is There No ‘Seat’ Of Mediation?, Shouyu Chong, Nadja Alexander
Research Collection Yong Pung How School Of Law
For dispute resolution practitioners familiar with the concept of the seat of arbitration, it may come as a surprise that the new UN Convention on International Settlement Agreement Resulting from Mediation does not include provisions in relation to the ‘seat’ of mediation. Why, you may ask? The Convention includes no provisions on ‘seat’ simply because there has never been the need for a ‘seat’ of mediation when cross-border disputes are brought before a mediator, and this remains the case. In this blog post, we will develop a hypothetical scenario to explore the issues.
The Best Of Times And The Worst Of Times: The Current Landscape Of Mandatory Arbitration Clause Enforcement In Domestic Arbitration, 2019 University of Michigan Law School
The Best Of Times And The Worst Of Times: The Current Landscape Of Mandatory Arbitration Clause Enforcement In Domestic Arbitration, Virginia Neisler
Law Librarian Scholarship
There is nothing new about arbitration, a method of alternative dispute resolution designed to settle disputes more efficiently, cheaper, and faster than litigation. Today, mandatory arbitration clauses are ubiquitous in commercial contracts, social media terms and conditions, employment contracts, and more. These contracts, where one party in the weaker position (often a consumer or an employee) must either accept or reject the terms as written with no power to negotiate, are known as contracts of adhesion. The widespread use of arbitration clauses—specifically, predispute, forced arbitration agreements, often including classaction waiv ers found in adhesion contracts—has come under pressure.
What Dinosaurs Can Teach Lawyers About How To Avoid Extinction In The Odr Evolution, 2019 St. John's University School of Law
What Dinosaurs Can Teach Lawyers About How To Avoid Extinction In The Odr Evolution, Elayne E. Greenberg, Noam Ebner
Faculty Publications
This paper is a wake-up call for the legal profession: Heed the justice changes that are upon us or risk extinction. Online dispute resolution (hereinafter ODR) is currently being incorporated into U.S and international court systems, re-shaping and re-defining justice as we know it today. Courts and clients, two stakeholders in our justice system, are increasingly receptive to ODR as a viable option to help provide and access justice efficiently and affordably. The legal profession, the third stakeholder in our justice system, however, has been slower to react. As ODR plays an increasingly prominent role in the court system, it …
Impressive Report On Worldwide Dispute System Needs And Design, 2019 University of Missouri School of Law
Impressive Report On Worldwide Dispute System Needs And Design, John Lande
Faculty Blogs
This post highlights a report of the Hague Institute for Innovation of Law, Understanding Justice Needs: The Elephant in the Courtroom. It shows how legal service providers and courts could embrace user-centered innovation and delivery of fair solutions.
The ‘Sanctuary City’ Syndrome Reaches Arbitration: State Supreme Courts Defy Federalization, 2019 Penn State Law
The ‘Sanctuary City’ Syndrome Reaches Arbitration: State Supreme Courts Defy Federalization, Thomas E. Carbonneau
Arbitration Law Review
No abstract provided.
United States Court Of Appeals For The Tenth Circuit Follows Hall Street Precedence, Voids Arbitration Clause In Gambling Compact: A Comment On Citizen Potawatomi Nation V. Oklahoma, 2019 Penn State Law
United States Court Of Appeals For The Tenth Circuit Follows Hall Street Precedence, Voids Arbitration Clause In Gambling Compact: A Comment On Citizen Potawatomi Nation V. Oklahoma, Mary Bonacchi
Arbitration Law Review
No abstract provided.
The New Handshake: Online Dispute Resolution And The Future Of Consumer Protection, 2019 Penn State Law
The New Handshake: Online Dispute Resolution And The Future Of Consumer Protection, Michael Ferrence
Arbitration Law Review
No abstract provided.
Alternative Dispute Resolution Of Shareholder Disputes In Hong Kong: Institutionalizing Its Effective Use, 2019 Penn State Law
Alternative Dispute Resolution Of Shareholder Disputes In Hong Kong: Institutionalizing Its Effective Use, David Huehnergarth
Arbitration Law Review
No abstract provided.
Hey, Big Spender: Ethical Guidelines For Dispute Resolution Professionals When Parties Are Backed By Third-Party Funders, 2019 St. John's University School of Law
Hey, Big Spender: Ethical Guidelines For Dispute Resolution Professionals When Parties Are Backed By Third-Party Funders, Elayne E. Greenberg
Faculty Publications
This first-of-its-kind paper introduces ethical guidelines and suggested practices for dispute resolution providers and neutrals when third-party funders provide financial backing for parties in U.S. domestic arbitrations and mediations. Sophisticated third-party funders have realized that litigation and dispute resolution are fast-growing, unregulated investment opportunities. Seizing these opportunities, third-party funders are now making billions of dollars in profits through their strategic investments in domestic and global litigation and dispute resolution with few ethical rules or regulations to curtail their investment behavior.3 Preferring to be secretive about the terms of their funding contracts and invisible in their work, third- party funders are …
How People Make Sense Of Drones Used For Atmospheric Science (And Other Purposes): Hopes, Concerns, And Recommendations, 2019 University of Nebraska-Lincoln
How People Make Sense Of Drones Used For Atmospheric Science (And Other Purposes): Hopes, Concerns, And Recommendations, Janell C. Walther, Lisa M. Pytlikzillig, Carrick Detweiler, Adam L. Houston
Lisa PytlikZillig Publications
Unmanned aerial systems (UAS) can advance understanding of the atmosphere and improve weather prediction, but public perceptions of drone technologies need to be assessed to ensure successful societal integration. Our qualitative study examines public perceptions of UAS technology, and the associated risks and benefits, for such civilian purposes. We examine how people form perceptions, and discuss the implications of these perceptions for UAS design and regulation. Our study finds the public to be favorable toward UAS used for “noble” purposes. Participant views are informed by popular media, personal experiences, comparisons between technologies, and consideration of the trustworthiness of the users, …