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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.


Masthead Jan 2021

Masthead

Journal of Dispute Resolution

No abstract provided.


Domestic Courts' Impact On Arbitral Awards: Pragmatic Reflections On The New York Convention, Mohamed Sweify Jan 2021

Domestic Courts' Impact On Arbitral Awards: Pragmatic Reflections On The New York Convention, Mohamed Sweify

Journal of Dispute Resolution

On June 1, 2018, the heirs of the late Sheikhs Abdullah Al-Solaiman AlHamdan and Khalid Abu Al-Waleed Al-Oarqani ("Claimants") petitioned to confirm and enforce an $18 billion arbitral award against Chevron entities before the Northern District of California and the Southern District of Texas. The award was issued under the auspices of the illegitimate "International Arbitration Centre" ("IAC") in Cairo, Egypt. The dispute involved a decades-old concession agreement in which the Saudi government permitted Chevron's predecessor, the Standard Oil Company of California ("SoCal"), to develop certain Saudi oil fields. Both enforcement petitions were dismissed.


Table Of Contents Jan 2021

Table Of Contents

Journal of Dispute Resolution

No abstract provided.


The Grass Is Always Greener: Applying Adr To Marijuana Disputes, Garrison Harms Jan 2021

The Grass Is Always Greener: Applying Adr To Marijuana Disputes, Garrison Harms

Journal of Dispute Resolution

As the public opinion of marijuana use continues to evolve, the legal landscape surrounding marijuana evolves as well. The progressive changes made in state law and accompanying range of legal permissibility have created problems for those that consume, cultivate, produce, and distribute marijuana and marijuana-infused products. Such challenges arise because federal law does not mirror the many different approaches taken by the states that have legalized--or, at least, decriminalized-marijuana use. Under federal law, the use, sale, or distribution of marijuana is illegal.


Forgotten Heroes: The Unacceptable Results Of Military Administrative Separations, Bryan Oliver Jan 2021

Forgotten Heroes: The Unacceptable Results Of Military Administrative Separations, Bryan Oliver

Journal of Dispute Resolution

The United States Military is charged with protecting the interests of the United States against foreign actors that seek to undermine our safety, values, and standing as the world's leading democratic power. The performance of this duty is often carried out without a ripple in the fabric of the average citizens' daily life. The adage "no news is good news" describes the way the civilian population thinks about how the military functions. However, the civilian population of the United States should be aware of situations where service-members are not treated fairly by the military's processes.


Setting The Table For Mediation Success: Supporting Disputants To Arrive Prepared, Timothy Hedeen, Vittorio Indovina, Joanne Donner, Claudia Stura Jan 2021

Setting The Table For Mediation Success: Supporting Disputants To Arrive Prepared, Timothy Hedeen, Vittorio Indovina, Joanne Donner, Claudia Stura

Journal of Dispute Resolution

Consider the following two scenarios. Tom Jones sued his neighbor over a dispute they had regarding the boundaries of their abutting properties. Within a week of filing the suit, he received notice that a mediation had been scheduled for their case. Three weeks later he arrived at the appointed place and time of the mediation where he found his neighbor, his neighbor's attorney, and a mediator. After brief introductions, they were invited to take their seats and were provided a short overview of mediation, a process that was new and unfamiliar to Tom Jones. Two hours later, he left ...


Another One Bites The Dust: How Jevic Curtailed Creditor Rights To Negotiate In And Out Of Bankruptcy, Jaden Banks Jan 2021

Another One Bites The Dust: How Jevic Curtailed Creditor Rights To Negotiate In And Out Of Bankruptcy, Jaden Banks

Journal of Dispute Resolution

Gone are the days of bankruptcy where the insolvent debtor faced an ignominious execution or was sentenced to lifelong imprisonment to satisfy a creditor's demand for their pound of flesh. The modern U.S. Bankruptcy System has moved beyond its focus on draconian punishment, instead, its focus is on fairness to the debtor and distribution of assets among creditors. With recent Supreme Court cases such as Jevic, significant concerns have been raised about the effectiveness of negotiated agreements, related to, but outside of bankruptcy. These concerns center on the reduction in the fairness of certain debtor tools namely prepackaged ...


State Legislative Update, Eli Dodge, Kevin Johnston, Seth Christensen Jan 2021

State Legislative Update, Eli Dodge, Kevin Johnston, Seth Christensen

Journal of Dispute Resolution

The State Legislative Update is compiled and written annually by the Journal of Dispute Resolution 's Associate Members under the direction of the Associate Editor in Chief. It is designed to provide readers with a listing of pertinent legislation affecting the field of alternative dispute resolution ("ADR") and a more detailed look at certain bills because of their importance or novelty within the field. This year's State Legislative Update is especially important because the operations of state legislatures were altered due to the COVID-19 Pandemic.


Faculty List Jan 2021

Faculty List

Journal of Dispute Resolution

No abstract provided.


Description Jan 2021

Description

Journal of Dispute Resolution

No abstract provided.


Ai In International Arbitration: Need For The Human Touch, Derick H. Lindquist, Ylli Dauta Jan 2021

Ai In International Arbitration: Need For The Human Touch, Derick H. Lindquist, Ylli Dauta

Journal of Dispute Resolution

Technology is rapidly changing the way law is practiced. The legal profession, including arbitration, will feel the effect of technological advancements in AI and Legal Tech. In fact, the Covid-19 pandemic has already pushed arbitration to either be virtual in toto or hybrid in other cases. An exclusively physical arbitration hearing is currently the exception, rather than the norm. Admittedly this is a temporary and perhaps unsustainable situation, nevertheless the current landscape underscores that humans are replaceable.


Table Of Contents Jul 2020

Table Of Contents

Journal of Dispute Resolution

No abstract provided.


Comparative Method And International Litigation, Ronald A. Brand Jul 2020

Comparative Method And International Litigation, Ronald A. Brand

Journal of Dispute Resolution

No abstract provided.


International Dispute Resolution And Access To Justice: Comparative Law Perspectives, Jacqueline Nolan-Haley Jul 2020

International Dispute Resolution And Access To Justice: Comparative Law Perspectives, Jacqueline Nolan-Haley

Journal of Dispute Resolution

No abstract provided.


The Reception Of Collective Actions In Europe: Reconstructing The Mental Process Of A Legal Transplantation, Csongor István Nagy Jul 2020

The Reception Of Collective Actions In Europe: Reconstructing The Mental Process Of A Legal Transplantation, Csongor István Nagy

Journal of Dispute Resolution

No abstract provided.


A Break In The Cycle: Applying Adr Principles To Inner–Prison Conflicts, Eli Dodge Jul 2020

A Break In The Cycle: Applying Adr Principles To Inner–Prison Conflicts, Eli Dodge

Journal of Dispute Resolution

No abstract provided.


Description Jul 2020

Description

Journal of Dispute Resolution

No abstract provided.


Masthead Jul 2020

Masthead

Journal of Dispute Resolution

No abstract provided.


International Arbitration As Comparative Law In Action, Joshua Karton Jul 2020

International Arbitration As Comparative Law In Action, Joshua Karton

Journal of Dispute Resolution

No abstract provided.