Law Commons^™

An Alternative Universe To §1113 Of The Bankruptcy Code: The Mediation Of American Airlines And Its Pension Obligations, Max L. Schatzow

Max Schatzow

This paper explores mandatory mediation as an alternative method to the current §1113 framework, where judges determine the fate of collective bargaining agreements. Through dialogue, this paper will explore one potential outcome to the ongoing dispute between the various labor unions with collective bargaining agreements with American Airlines.

Copyright In A Borderless Online Environment – Comments From A Swedish Horizon, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Conflict Of Interests: Seeking A Way Forward On Publication Of International Arbitral Awards, Joshua D H Karton

Joshua Karton

There now appears to be general agreement that greater publication of awards would benefit the international commercial arbitration system, yet most awards remain unpublished. This article explains the current state of affairs by reference to the conflict between party and systemic interests. Since international arbitration is a private, consent-based system, party interests in keeping awards confidential are likely to trump systemic interests in publishing them—even if those systemic interests align with the long-term interests of commercial parties generally.

The conflict of interests not only explains why confidentiality of international arbitral awards remains the rule, it also points the way to …

Independence And Impartiality Of Arbitrators, Swiss Federal Court. J. October 29th, 2010, Edgardo Muñoz, Gustavo Moser

Edgardo Muñoz

The parties to an arbitration give arbitrators considerable discretion to design the proceedings and decide on their dispute. Arbitrators hence are expected to develop and implement the framework that ensures equal treatment and fair awards. As arbitrators play so significant a role in the settlement of disputes, their independence and impartiality are of paramount importance to achieve their expected undertaking

Investing In The Future Of Pakistan: Understanding Why It Is Important To Ensure Protection Of The Rights Of Children Affected By Armed Conflicts, Nida Mahmood

Nida Mahmood Ms

This paper looks into the de facto compliance of Pakistani Laws with the optional protocol to the convention on rights of children on the involvement of children in armed conflicts and suggests why Pakistan should ratify this protocol as soon as possible.