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5,298 full-text articles. Page 6 of 136.

Arbitration's Dark Shadow, Benjamin P. Edwards 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Arbitration's Dark Shadow, Benjamin P. Edwards

Nevada Law Journal

No abstract provided.


Evolution Of The Arbitrtation Forum As A Response To Mandatory Arbitration, Teresa J. Verges 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Evolution Of The Arbitrtation Forum As A Response To Mandatory Arbitration, Teresa J. Verges

Nevada Law Journal

No abstract provided.


Re-Inventing Arbitration: How Expanding The Scope Of Arbitration Is Re-Shaping Its Form And Blurring The Line Between Private And Public Adjudication, Deborah R. Hensler, Damira Khatam 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Re-Inventing Arbitration: How Expanding The Scope Of Arbitration Is Re-Shaping Its Form And Blurring The Line Between Private And Public Adjudication, Deborah R. Hensler, Damira Khatam

Nevada Law Journal

No abstract provided.


Response: Public Litigation, Private Arbitration?, David L. Noll 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Response: Public Litigation, Private Arbitration?, David L. Noll

Nevada Law Journal

No abstract provided.


Arbitration, What Is It Good For?, Thomas O. Main 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Arbitration, What Is It Good For?, Thomas O. Main

Nevada Law Journal

No abstract provided.


The Blurring Of The Public/Private Distrinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Blurring Of The Public/Private Distrinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez

Nevada Law Journal

No abstract provided.


Reconciling Fault Lines In Arbitration And Redefining Arbitration Through The Broader Lens Of Procedure, Imre S. Szalai 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Reconciling Fault Lines In Arbitration And Redefining Arbitration Through The Broader Lens Of Procedure, Imre S. Szalai

Nevada Law Journal

No abstract provided.


The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

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

Nevada Law Journal

No abstract provided.


Title Page, 2018 University of Missouri School of Law

Title Page

Journal of Dispute Resolution

No abstract provided.


State Legislative Update, Ryan Corrigan, Samantha Groark, Alison Matusofsky, John Roark, Joshua Sieg 2018 University of Missouri School of Law

State Legislative Update, Ryan Corrigan, Samantha Groark, Alison Matusofsky, John Roark, Joshua Sieg

Journal of Dispute Resolution

No abstract provided.


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.


Stakeholder Dialogues And Virtual Reality For The German Energiewende, Arne Spieker 2018 University of Missouri School of Law

Stakeholder Dialogues And Virtual Reality For The German Energiewende, Arne Spieker

Journal of Dispute Resolution

The German energy system is in a complete overhaul. In the future energy will mainly derive from renewable sources. While in general this is largely socially accepted, new long-range power-lines, needed to distribute that energy, disquiet local communities and lead to political friction. Using stakeholder dialogues, responsible authorities and transmission operators try to direct escalating debates back onto a constructive track. This Article describes the inclusion of public participation in the recently adopted grid expansion acceleration act (NABEG) and a best practice stakeholder dialogue for a high voltage d.c. link. It contextualizes those efforts into the broader debate over ...


Introduction To “Dispute Resolution And Political Polarization", Rafael Gely 2018 University of Missouri School of Law

Introduction To “Dispute Resolution And Political Polarization", Rafael Gely

Journal of Dispute Resolution

Dispute resolution practitioners and scholars know conflict. In fact, some would say that we love conflict. And yet, despite our affinity with conflict, the polarization that is evident in today’s public space has been disconcerting. While we generally operate in a space where we are constantly exploring options, seeking compromise, helping participants explore their interests and finding ways to move towards agreement, what seems like an inability to even engage in any kind of dialogue is troubling. These and other related concerns led the editors of the Journal of Dispute Resolution to solicit contributions from seven well-known conflict resolution ...


Ethics In International Arbitration, Peter Halprin, Stephen Wah 2018 University of Missouri School of Law

Ethics In International Arbitration, Peter Halprin, Stephen Wah

Journal of Dispute Resolution

The growth of international arbitration has expanded both the pool of arbitrators as well as the counsel involved in international arbitration. This growth has resulted in arbitrators, counsel, and parties of various cultural and legal traditions participating in disputes. Because different cultural and legal traditions may come into conflict, there is increasing focus and discussion regarding what guidelines or rules, if any, should govern international arbitrations. The discussion regarding whether any guidelines or rules should govern arbitration asks whether a forum for dispute resolution built on the concepts of neutrality, party autonomy, and procedural flexibility should be governed by strict ...


Defining The Limits To Abuse Of Process: Lim Geok Lin Andy V Yap Jin Meng Bryan, Dorcas QUEK ANDERSON 2018 Singapore Management University

Defining The Limits To Abuse Of Process: Lim Geok Lin Andy V Yap Jin Meng Bryan, Dorcas Quek Anderson

Research Collection School Of Law

The abuse of process jurisdiction, which forms part of the doctrine of res judicata, is meant to uphold finality of litigation and prevent abusive litigation. While the jurisdiction has been applied to the original parties of earlier court proceedings, it could also prevent a person who was not part of earlier court proceedings from litigating his claim. In such circumstances, the abuse of process doctrine has to be cognisant of the commercial realities and motivations driving choices to advance separate rather than consolidated proceedings, while also protecting litigants from repeated litigation. A recent Singapore Court of Appeal decision imposed constraints ...


Deferred Prosecution Agreements In Singapore?, Eunice CHUA 2018 Singapore Management University

Deferred Prosecution Agreements In Singapore?, Eunice Chua

Research Collection School Of Law

On 15 January 2018, Minister for Law and Home Affairs K Shanmugam said at a dialogue organised by the Law Society that deferred prosecution agreements (DPAs) could be introduced in Singapore as part of proposed changes to the criminal justice system. DPAs are agreements by the prosecutor to suspend prosecution of a corporate entity if it complies with specific conditions. If the corporation fails to comply with the conditions, the prosecution may resume. This post examines the case for and against DPAs and explores the issues they may present in the Singapore context.


Deferred Prosecution Agreements In Singapore?, Eunice CHUA 2018 Singapore Management University

Deferred Prosecution Agreements In Singapore?, Eunice Chua

Research Collection School Of Law

On 15 January 2018, Minister for Law and Home Affairs K Shanmugam said at a dialogue organised by the Law Society that deferred prosecution agreements (DPAs) could be introduced in Singapore as part of proposed changes to the criminal justice system. DPAs are agreements by the prosecutor to suspend prosecution of a corporate entity if it complies with specific conditions. If the corporation fails to comply with the conditions, the prosecution may resume. This post examines the case for and against DPAs and explores the issues they may present in the Singapore context.


Defining The Limits To Abuse Of Process: Lim Geok Lin Andy V Yap Jin Meng Bryan, Dorcas QUEK ANDERSON 2018 Singapore Management University

Defining The Limits To Abuse Of Process: Lim Geok Lin Andy V Yap Jin Meng Bryan, Dorcas Quek Anderson

Research Collection School Of Law

The abuse of process jurisdiction, which forms part of the doctrine of res judicata, is meant to uphold finality of litigation and prevent abusive litigation. While the jurisdiction has been applied to the original parties of earlier court proceedings, it could also prevent a person who was not part of earlier court proceedings from litigating his claim. In such circumstances, the abuse of process doctrine has to be cognisant of the commercial realities and motivations driving choices to advance separate rather than consolidated proceedings, while also protecting litigants from repeated litigation. A recent Singapore Court of Appeal decision imposed constraints ...


Achieving Substantive Justice In Mediation Through Procedural Justice: An Illusory Or Realizable Goal?, Dorcas QUEK ANDERSON 2018 Singapore Management University

Achieving Substantive Justice In Mediation Through Procedural Justice: An Illusory Or Realizable Goal?, Dorcas Quek Anderson

Research Collection School Of Law

Mediation has been plagued with a problem of legitimacy. Genn stated that mediation “does not contribute to substantive justice because mediation requires the parties to relinquish ideas of legal rights during mediation and focus, instead, on problem-solving”. Mediation appears to be all about procedural justice, a concept that is associated with perceptions of fair treatment. And procedural justice does not seem to have any discernible link with substantive justice, in terms of giving effect to well-accepted norms.This blog entry is drawn from a paper that was presented at the Australasian Dispute Resolution Research Network 6th Annual Roundtable and the ...


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