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Dispute Resolution and Arbitration

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Full-Text Articles in Law

Settlement Of Disputes Arising From Documentary Credit Under National And International Regulations, Dr. Hoda Magdy Nour Jul 2021

Settlement Of Disputes Arising From Documentary Credit Under National And International Regulations, Dr. Hoda Magdy Nour

Journal Sharia and Law

The need Settlement of disputes arising from bank credit between national and international rules, protecting the interests of the bank and ensuring its financial rights before the debtor.

As the Bank faces different technical and legal difficulties, as well as the multiplicity of legal adaptation, we deal with the rules governing banking accreditation from the point of pleadings law, and the methods of amicable settlement of these disputes and following, and compulsory execution.

International efforts are taking the lead in establishing the technical regulation of bank accreditation and setting rules "DOCDEX" in 1997, and the 2015 amendments, which still need ...


Exhaustion Requirements And Dispute Resolution Reform In Bilateral Investment Treaties, William Crowder Gaskins Jr. Jul 2021

Exhaustion Requirements And Dispute Resolution Reform In Bilateral Investment Treaties, William Crowder Gaskins Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Description Jul 2021

Description

Journal of Dispute Resolution

No abstract provided.


Masthead Jul 2021

Masthead

Journal of Dispute Resolution

No abstract provided.


Keeping The Elderly Quiet: The Trump Administration And The Reincarnation Of Mandatory Arbitration In Nursing Home Contracts, Katey Peters Jul 2021

Keeping The Elderly Quiet: The Trump Administration And The Reincarnation Of Mandatory Arbitration In Nursing Home Contracts, Katey Peters

Journal of Dispute Resolution

Mandatory arbitration provisions are the current standard in nursing home admission contracts, but the legal arguments surrounding their enforcement raise questions concerning the validity of these standard provisions. Arbitration provisions allow nursing homes to limit the transparency into their operations and keep victims, and their families, quiet and out of the public eye. This, in turn, limits the understanding of the shortcoming of current regulations and where new regulations may help. The current Coronavirus Disease 2019 (“COVID-19”) pandemic has brought to light some of these otherwise hidden regulatory issues surrounding nursing homes. As a result, several states have tried to ...


Table Of Contents Jul 2021

Table Of Contents

Journal of Dispute Resolution

No abstract provided.


Can Artificial Intelligence (“Ai”) Replace Human Arbitrators? Technological Concerns And Legal Implications, Gizem Halis Kasap Jul 2021

Can Artificial Intelligence (“Ai”) Replace Human Arbitrators? Technological Concerns And Legal Implications, Gizem Halis Kasap

Journal of Dispute Resolution

Artificial intelligence (“AI”) is no longer a precursor to the future—it is already here in the mainstream. Some countries, for example, have started to implement AI-based technologies into their adjudication processes. It has been reported that Estonia is currently developing an AI judge that can adjudicate small claims disputes of less than º7,000 and that China already has digital courts presided over by an AI judge. Together with the triggering effect of such futuristic news, AI studies that predict the outcome of litigation have stirred heated debate about the possible arrival of AI judges.


Acceptable Lies In Contract Negotiations, Stefanie Jung Jul 2021

Acceptable Lies In Contract Negotiations, Stefanie Jung

Journal of Dispute Resolution

It is well established that lying is a widespread phenomenon in business-to-business (“B2B”) contract negotiations. Some of the most prominent lies may be those about the subject matter of the contract. However, negotiators also frequently lie about other aspects like offers from other potential buyers or sellers, the availability of their product, the legal situation regarding contractual aspects, as well as their emotions and preferences.


Digital Assets & License Protections In An Age That Denies Class Actions And Mandates Arbitration, Kevin Carr Jul 2021

Digital Assets & License Protections In An Age That Denies Class Actions And Mandates Arbitration, Kevin Carr

Journal of Dispute Resolution

The battle of star system B-R5RB is probably a conflict and place that you have never heard of, even though an estimated £300,000 worth of property damage and loss occurred due to an interstellar battle on July 27, 2014. Hundreds of competing rival ships were destroyed, with over 7,600 individuals taking part in one of the single largest property disputes of the 21st century. The conflict lasted approximately 21 hours and had ripple effects across an entire galaxy. If this sounds like fiction, I assure you, it is not. You have likely never heard of star system B-R5RB ...


Supplemental Environmental Projects’ Wild Ride Is A Call For Legislative Action To Protect A Valuable Negotiation Tool, Joel Smith Jul 2021

Supplemental Environmental Projects’ Wild Ride Is A Call For Legislative Action To Protect A Valuable Negotiation Tool, Joel Smith

Journal of Dispute Resolution

In March 2020, the head of the Department of Justice’s Environmental Natural Resources Division (“DOJ ENRD”) issued a decision that fundamentally altered the federal government’s ability to address environmental harm. The decision removed a valuable tool from the negotiation toolbox that Department of Justice (“DOJ”) attorneys used for decades when negotiating settlements in civil enforcement of federal environmental protection laws. This policy change had the potential to significantly impact resolution of complex environmental disputes. In February 2021, the new Chief of the DOJ ENRD rescinded the 2020 memo in response to an executive order from newly elected President ...


Faculty List Jul 2021

Faculty List

Journal of Dispute Resolution

No abstract provided.


Disentangling Conflicts Of Laws In Eu And Member States’ Investment Agreements, Ottavio Quirico Jul 2021

Disentangling Conflicts Of Laws In Eu And Member States’ Investment Agreements, Ottavio Quirico

Journal of Dispute Resolution

The European Union (“EU”) is integrated into global markets via an open investment regime, which has fostered the development of wide economic relations. In 2019, the net investment outflow from EU Member States toward third countries totaled $42,6761 million, while inflow totaled $47,3196 million. To regulate investment disparities since the establishment of the common market in the 1950s, EU Member States have concluded about 1400 multilateral investment treaties (“MITs”) and bilateral investment treaties (“BITs”) with third countries. EU Member States have also negotiated around 190 MITs and BITs inter se, or intra-EU investment agreements. Since the adoption of ...


Clandestine Awards, Information Asymmetries, And Equality Of Arms In Investment Arbitration, Fernando Dias Simões Jul 2021

Clandestine Awards, Information Asymmetries, And Equality Of Arms In Investment Arbitration, Fernando Dias Simões

Journal of Dispute Resolution

Among the numerous criticisms leveled at investor-state arbitration over the years, it has almost become de rigueur to point out a lack of transparency. In this arena “transparency” refers to the extent to which the public may be aware of the existence of a dispute, have access to key arbitral documents, or attend oral hearings.


Preventing And Managing Investor-State Conflicts And Disputes In The Energy Sector, Alejandro Carballo Leyda Jun 2021

Preventing And Managing Investor-State Conflicts And Disputes In The Energy Sector, Alejandro Carballo Leyda

University of St. Thomas Law Journal

No abstract provided.


The Proposed Icsid Mediation Rules, Frauke Nitschke Jun 2021

The Proposed Icsid Mediation Rules, Frauke Nitschke

University of St. Thomas Law Journal

No abstract provided.


Uncitral's Working Group Iii Discussion On Dispute Prevention, Judith Knieper Jun 2021

Uncitral's Working Group Iii Discussion On Dispute Prevention, Judith Knieper

University of St. Thomas Law Journal

No abstract provided.


Corporate Social Responsibility And The International Investment Law Regime: Not Business As Usual, Katia Yannaca-Small Jun 2021

Corporate Social Responsibility And The International Investment Law Regime: Not Business As Usual, Katia Yannaca-Small

University of St. Thomas Law Journal

No abstract provided.


An Advisory Centre On International Investment Law: Key Features, Karl P. Sauvant Jun 2021

An Advisory Centre On International Investment Law: Key Features, Karl P. Sauvant

University of St. Thomas Law Journal

No abstract provided.


Bargaining In The Shadow Of Investor-State Mediation: How The Threat Of Mediation Will Improve Parties' Conflict Management, Andrea Kupfer Schneider, Nancy A. Welsh Jun 2021

Bargaining In The Shadow Of Investor-State Mediation: How The Threat Of Mediation Will Improve Parties' Conflict Management, Andrea Kupfer Schneider, Nancy A. Welsh

University of St. Thomas Law Journal

No abstract provided.


The Past, Present, And Future Of Investment Treaty Conflict Management And Dispute Systems Design, Susan D. Franck Jun 2021

The Past, Present, And Future Of Investment Treaty Conflict Management And Dispute Systems Design, Susan D. Franck

University of St. Thomas Law Journal

No abstract provided.


Viral: The Impact Of Investigative Journalism And Social Media On Anticorruption Enforcement And Investor-State Relations In Emerging Markets, Reagan Demas Jun 2021

Viral: The Impact Of Investigative Journalism And Social Media On Anticorruption Enforcement And Investor-State Relations In Emerging Markets, Reagan Demas

University of St. Thomas Law Journal

No abstract provided.


Synergizing Government Services With An Investment Grievance Mechanism, Dongwook Chun Jun 2021

Synergizing Government Services With An Investment Grievance Mechanism, Dongwook Chun

University of St. Thomas Law Journal

No abstract provided.


Straightening The Purpose Of International Investment Law From Litigation To Consolidating Relationships: The Role Of Investor-State Conflict Management Mechanisms, Roberto Echandi Jun 2021

Straightening The Purpose Of International Investment Law From Litigation To Consolidating Relationships: The Role Of Investor-State Conflict Management Mechanisms, Roberto Echandi

University of St. Thomas Law Journal

No abstract provided.


Beyond Investor-State Disputes: Intercultural Capacity Building To Optimize Negotiation, Mediation, And Conflict Management, Mariana Hernandez-Crespo Gonstead Jun 2021

Beyond Investor-State Disputes: Intercultural Capacity Building To Optimize Negotiation, Mediation, And Conflict Management, Mariana Hernandez-Crespo Gonstead

University of St. Thomas Law Journal

No abstract provided.


Current Developments In Investor-State Dispute Settlement: An Overview Of Substantive And Procedural Change In The Past Fifty Years, Meg Kinnear Jun 2021

Current Developments In Investor-State Dispute Settlement: An Overview Of Substantive And Procedural Change In The Past Fifty Years, Meg Kinnear

University of St. Thomas Law Journal

No abstract provided.


Innovative Strategies For Conflict Management: Improving Investor-State Relations To Propel Global Growth, Roberto Echandi, Mariana Hernandez-Crespo Gonstead, Maureen Lodoen Jun 2021

Innovative Strategies For Conflict Management: Improving Investor-State Relations To Propel Global Growth, Roberto Echandi, Mariana Hernandez-Crespo Gonstead, Maureen Lodoen

University of St. Thomas Law Journal

No abstract provided.


‘Security For Costs’ Under The Icsid Regime: Does It Prevent ‘Arbitral Hit-And-Runs’ Or Does It Unduly Stifle Third-Party Funded Investors’ Due Process Rights?, Young Hye (Martina) Chun Jun 2021

‘Security For Costs’ Under The Icsid Regime: Does It Prevent ‘Arbitral Hit-And-Runs’ Or Does It Unduly Stifle Third-Party Funded Investors’ Due Process Rights?, Young Hye (Martina) Chun

Pepperdine Dispute Resolution Law Journal

This Article considers security for costs under the ICSID regime. Given that all security for costs have been ordered against third-party funded investors—with the latest decision, Unionmatex, in January 2020, this Article examines prior ICSID decisions to determine whether third-party funded investors are prejudiced when it comes to security for costs. It further addresses whether an applicant’s right to a costs award is a “protectable right” under Article 47 and concludes that it is not. Finding that “arbitral hit-and-run” is a hypothetical concern not based on empirical evidence and providing that ICSID’s new proposed rules to its ...


Contents And Masthead, Amy Jicha Jun 2021

Contents And Masthead, Amy Jicha

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Private Juries Within The Arbitration Framework: A Third Path In Dispute Resolution, Lionel M. Schooler, Luke Gilman Jun 2021

Private Juries Within The Arbitration Framework: A Third Path In Dispute Resolution, Lionel M. Schooler, Luke Gilman

Pepperdine Dispute Resolution Law Journal

In the context of a global pandemic and a resulting backlog of jury trials in the United States court system, this article explores the potential for employing a private jury system within existing arbitration law to provide a third path for parties seeking an expedient resolution of disputes by juries when impediments exist to jury trial in court. After an introduction and background on the current state of the global SARS-CoV-2 pandemic and its effect on court backlogs, we outline the law applicable to private jury proceedings, including (a) whether an arbitral award predicated on a private jury determination is ...


Who Bears The Cost Of An Emergency: Balancing Billing's Effects On Health Care Providers, And Solutions Through Alternative Dispute Resolution, Hayden Tavoda Jun 2021

Who Bears The Cost Of An Emergency: Balancing Billing's Effects On Health Care Providers, And Solutions Through Alternative Dispute Resolution, Hayden Tavoda

Pepperdine Dispute Resolution Law Journal

Arbitration, as well as other forms of alternative dispute resolution, provide many benefits for all parties when a dispute arises, such as faster results and less expense and time than litigation, and the potential for more qualified finders of fact on a specific topic rather than a jury of peers. In the following case note, Part II will focus on the background of different types of health insurance carriers in the United States, the Knox-Keene Act, and the California Assembly Bill 1611.20 Part III will discuss more specifically the issues that stem from balance billing through explicit cases. Part ...