Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration Commons

Open Access. Powered by Scholars. Published by Universities.®

5530 Full-Text Articles 3606 Authors 2066956 Downloads 118 Institutions

All Articles in Dispute Resolution and Arbitration

Faceted Search

5530 full-text articles. Page 7 of 142.

A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. McGinley 2017 Pepperdine University

A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Sharing Economy Inequality: How The Adoption Of Class Action Waivers In The Sharing Economy Presents A Threat To Racial Discrimination Claims, Caitlin Toto 2017 Boston College Law School

Sharing Economy Inequality: How The Adoption Of Class Action Waivers In The Sharing Economy Presents A Threat To Racial Discrimination Claims, Caitlin Toto

Boston College Law Review

In recent years, the sharing economy has pervaded the life of the consumer, challenging the regulatory and business status quo. Despite the pluralistic messages of many sharing economy companies, racial discrimination is a growing problem on peer-to-peer networks such as Uber and Airbnb. Victims of discrimination, however, have encountered an even greater opponent: class action waivers in arbitration agreements, which are omnipresent in sharing economy company contracts. Due to the inherent tie between class action and civil rights, racial discrimination claims in the sharing economy are held hostage by individual arbitration agreements. This Note argues that without action by Congress ...


Maybe There's No Bias In The Selection Of Disputes For Litigation, Eric Helland, Daniel M. Klerman, Yoon-Ho Alex Lee 2017 Claremont McKenna College

Maybe There's No Bias In The Selection Of Disputes For Litigation, Eric Helland, Daniel M. Klerman, Yoon-Ho Alex Lee

University of Southern California Legal Studies Working Paper Series

New York “closing statement” data provide unique insight into settlement and selection. The distributions of settlements and adjudicated damages are remarkably similar, and the average settlement is very close to the average judgment. One interpretation is that selection effects may be small or non-existent. Because existing litigation models all predict selection bias, we develop a simple, no-selection-bias model that is consistent with the data. Nevertheless, we show that the data can also be explained by generalized versions of screening, signaling, and Priest-Klein models.


Introduction, Nancy Welsh 2017 Selected Works

Introduction, Nancy Welsh

Nancy Welsh

No abstract provided.


Cooking Up A Deal: Negotiation Recipes For Success, Jim Coben, Robert Dingwall, Dan Druckman, Noam Ebner, Howard Gadlin, Chris Honeyman, Sanda Kaufman, Michelle Lebaron, Roy Lewicki, David Matz, Carrie Menkel-Meadow, Michael Moffitt, Jen Reynolds, Andrea Kupfer Schneider, John Wade, Nancy Welsh 2017 Allard School of Law at the University of British Columbia

Cooking Up A Deal: Negotiation Recipes For Success, Jim Coben, Robert Dingwall, Dan Druckman, Noam Ebner, Howard Gadlin, Chris Honeyman, Sanda Kaufman, Michelle Lebaron, Roy Lewicki, David Matz, Carrie Menkel-Meadow, Michael Moffitt, Jen Reynolds, Andrea Kupfer Schneider, John Wade, Nancy Welsh

Nancy Welsh

If forced to be concise and pithy, what would a room full of negotiation scholars cook up? The compilation of recipes was in response to the request for each person’s own definition of negotiation effectiveness put in the form of a recipe. Not only is this interesting in terms of seeing the similarities and differences among this leading and diverse group of scholars, the exercise itself is one that can easily be replicated in negotiation or dispute resolution classes. It forces each participant to think about (a) ingredients; (b) amount of each; and (c) the order in which each ...


Resolving Economic Disputes In Russia's Market Economy, Karen Halverson 2017 John Marshall Law School

Resolving Economic Disputes In Russia's Market Economy, Karen Halverson

Karen Halverson Cross

The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.


Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson

Nevada Law Journal

No abstract provided.


Cuando Otros Deciden Por Ti: La Eficiencia En La Intervención Judicial De Los Contratos Civiles, Diego Angulo Osorio 2017 ALACDE

Cuando Otros Deciden Por Ti: La Eficiencia En La Intervención Judicial De Los Contratos Civiles, Diego Angulo Osorio

The Latin American and Iberian Journal of Law and Economics

When the supply crosses with the acceptance of the contract, it is an optimal situation because the resources available, in theory, have been assigned efficiently and have been allocated to more valuable uses. However, this optimistic situation will not last forever; over time, it almost always affects the economic balance of the contract. The benefit or consideration becomes more valuable in comparison with the other, becoming too costly to comply with the contract, because the cost-benefit ratio was broken. How can the contractual balance be restored? Two paths are considered. On the one hand, judicialization, on the other renegotiation under ...


The South China Sea Arbitration Award, Bernard H. Oxman 2017 University of Miami School of Law

The South China Sea Arbitration Award, Bernard H. Oxman

University of Miami International and Comparative Law Review

No abstract provided.


Med-Arb And The Legalization Of Alternative Dispute Resolution, Brian A. Pappas 2017 Michigan State University College of Law

Med-Arb And The Legalization Of Alternative Dispute Resolution, Brian A. Pappas

Brian A. Pappas

No abstract provided.


Dispute Resolution Centre Newsletter, August 2017, 2017 Bond University

Dispute Resolution Centre Newsletter, August 2017

Dispute Resolution Centre Newsletter

Welcome to the third Newsletter of 2017 for the Dispute Resolution Centre. We hope you enjoy meeting our DRC member, trainer and coach Bobbi Reilly. This newsletter provides some information about our new Family Dispute Resolution Clinic and also about a special edition of the Bond Law Review publishing papers from the 2016 National Mediation Conference.


Forum-Selection Provisions In Corporate “Contracts”, Marcel Kahan, Helen Hershkoff 2017 New York University School of Law

Forum-Selection Provisions In Corporate “Contracts”, Marcel Kahan, Helen Hershkoff

New York University Law and Economics Working Papers

We consider the emergent practice of including clauses in corporate certificates of incorporation or bylaws that specify an exclusive legal forum for lawsuits. According to their proponents and most courts that have considered the question, such forum-terms are, and should be, enforceable as contractual choice-of-forum provisions. We argue that treating corporate charter and bylaw forum-terms as a matter of ordinary contact doctrine is neither logical nor justified. Because charters and bylaws involve the state in ways that are at odds with private-ordering principles and because they entail only a limited form of “consent,” an analysis of enforceability must account for ...


Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg 2017 Penn State Law

Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg

Arbitration Law Review

No abstract provided.


The Psychology Of Conflict: Mediating In A Diverse World, Samantha Skabelund 2017 Penn State Law

The Psychology Of Conflict: Mediating In A Diverse World, Samantha Skabelund

Arbitration Law Review

No abstract provided.


Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger 2017 Penn State Law

Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger

Arbitration Law Review

No abstract provided.


Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska 2017 Penn State Law

Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska

Arbitration Law Review

No abstract provided.


The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College 2017 Penn State Law

The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College

Arbitration Law Review

No abstract provided.


Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich 2017 Penn State Law

Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich

Arbitration Law Review

No abstract provided.


Masthead, 2017 Penn State Law

Masthead

Arbitration Law Review

No abstract provided.


Index, 2017 Penn State Law

Index

Arbitration Law Review

No abstract provided.


Digital Commons powered by bepress