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Articles 1 - 4 of 4
Full-Text Articles in Law
Inside The Arbitrator's Mind, Susan Franck
Inside The Arbitrator's Mind, Susan Franck
Articles in Law Reviews & Other Academic Journals
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional wisdom that arbitrators render “split the baby” decisions. Although direct comparisons are difficult, we find that arbitrators generally perform at least as well as, but never …
Issues Concerning Enforcement And Dispute Resolution, Sean Flynn
Issues Concerning Enforcement And Dispute Resolution, Sean Flynn
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Investment-Related Aspects Of Intellectual Property Rights, Peter K. Yu
The Investment-Related Aspects Of Intellectual Property Rights, Peter K. Yu
American University Law Review
No abstract provided.
The New New Courts, Orna Rabinovich-Einy, Ethan Katsh
The New New Courts, Orna Rabinovich-Einy, Ethan Katsh
American University Law Review
In this Article we describe the phenomenon of online courts, which is fast gaining momentum, and analyze these "new new courts" from an access to justice perspective. We distinguish between two turning points in terms of access to justice and courts: the rise of alternative dispute resolution (ADR) (producing what we refer to as the "new courts") and the spread of online dispute resolution (ODR) (giving rise to what we refer to as the "new new courts"). While both developments seem to be motivated by similar rationales and a desire to increase access to justice, the implications of adopting ADR …