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Articles 1 - 22 of 22
Full-Text Articles in Law
Pepperdine Dispute Resolution Law Journal Contents & Masthead, Savannah Billingham-Hemminger
Pepperdine Dispute Resolution Law Journal Contents & Masthead, Savannah Billingham-Hemminger
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Interpretation Of Pathological Arbitration Agreements: Non-Existing And Inaccessible Elements, Morten Frank
Interpretation Of Pathological Arbitration Agreements: Non-Existing And Inaccessible Elements, Morten Frank
Pepperdine Dispute Resolution Law Journal
In the following, I will initially present the terminological and analytical framework for handling pathological arbitration agreements (Part II). Against this background, I will analyze case law from USA (Part III), Singapore and Hong Kong (Part IV), and England (Part V) in order to establish under which circumstances Solution 1, Solution 2 and Solution 3 apply in respect of arbitration agreements containing non-existing and inaccessible elements. Finally, Part VI considers an adjoining—although fundamentally different—interpretation situation across jurisdictions. Part VII provides a summary as well as concluding remarks on the drafting of arbitration agreements.
The Use Of Alternative Dispute Resolution To Reduce The Perception Of Partiality In The Courts, In Order To Encourage International Entrepreneurship In Countries With National Ownership Requirements, Daniela Romagnoli
Pepperdine Dispute Resolution Law Journal
Countries that require international entrepreneurs to have a national partner (national ownership requirements (NOR)) in order to open up a new venture within their borders, run the risk of becoming less desirable to do business in. One reason for this is that some investors and international entrepreneurs may be wary of possible conflict being solved in a court system that shows a positive bias towards its citizens. This paper looks at the experiences of five international entrepreneurs involved in small and medium-size enterprises (SMEs) in Kenya and explores how their experiences have become a warning to others who see potential …
An Empirical Study Of Reforming Commercial Arbitration In China, Mimi Zou
An Empirical Study Of Reforming Commercial Arbitration In China, Mimi Zou
Pepperdine Dispute Resolution Law Journal
This paper examines recent reforms to the regulatory and institutional framework of commercial arbitration in China, based on an empirical study conducted between 2018 and 2019 of semi-structured interviews with over 80 actors, including Chinese lawmakers and policymakers, judges, arbitration institutions, legal practitioners, academic researchers, and companies and users of arbitration. The author has also consulted a variety of primary materials including publicized laws, regulations and policies, official reports, data and statistics, and internal guidelines and policy documents of the various actors that were interviewed for this study.
Statements Of The Arbitration Decision According To Jordanian Law And French Law “A Comparative Study”, Noor Issa Al-Hendi
Statements Of The Arbitration Decision According To Jordanian Law And French Law “A Comparative Study”, Noor Issa Al-Hendi
Pepperdine Dispute Resolution Law Journal
This study deals with the statements of the arbitration decision in a comparative study between the Jordanian arbitration law and the French Procedures law, by revising the legal texts related to specific statements required in the arbitration decision, according to each of them. This study also clarifies the implications of the omissions of these statements n in the arbitration decision.
Global Dispute Resolution Conference: Reflections, Trends, And Continued Development, Alexine Carr, Sukhsimranjit Singh
Global Dispute Resolution Conference: Reflections, Trends, And Continued Development, Alexine Carr, Sukhsimranjit Singh
Pepperdine Dispute Resolution Law Journal
The Global Dispute Resolution Conference brought together scholars, students, attorneys, and professionals from across the country. Co-hosted by Pepperdine’s Straus Institute for Dispute Resolution and Prince Mohammad Bin Fahd University, the event drew perspectives from a wide range of cultures, areas of ADR, and career experiences. Grouped into two full days with distinct focuses, the conference covered topics from commercial ADR to the significance of history, culture, and faith. To open the discussion, Professor Muamar Salameh of PMU spoke to the audience on the importance of accepting the global differences in legal systems within international dispute resolution. His remarks were …
Pepperdine Dispute Resolution Law Journal Contents & Masthead, Savannah Billingham-Hemminger
Pepperdine Dispute Resolution Law Journal Contents & Masthead, Savannah Billingham-Hemminger
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Jewish Law Perspectives On Judicial Settlement Practice, Shlomo Pill
Jewish Law Perspectives On Judicial Settlement Practice, Shlomo Pill
Pepperdine Dispute Resolution Law Journal
The classic adjudicatory paradigm of opposing attorneys facing off at trial before a judge and jury in order to receive a favorable judgment is an image long past. Increased litigation volume, and the added time and expense of modern litigation has resulted in a rich practice of judges working to broker settlements between litigants in lieu of formal adjudication. Judicial settlement is the subject of much debate, however, and the diverse range of judicial practice in this area reflects the institutional, ethical, and jurisprudential uncertainties we still have regarding the propriety of judges facilitating settlements. This paper offers a new …
Blending Scripture And The Law: The Lack Of Christian Law And The Dangers It Presents In Christian Arbitration, Emily Holland
Blending Scripture And The Law: The Lack Of Christian Law And The Dangers It Presents In Christian Arbitration, Emily Holland
Pepperdine Dispute Resolution Law Journal
This paper will examine the ways in which a lack of an established substantive law within the Christian faith tradition affects the Christian arbitration process and explore the possible means to address these issues. It will outline the history and functions of Christian tribunals, highlighting the unique space within the justice system that these special tribunals fill. Next, it will discuss the differences between the application of law in tribunals of other religious faith traditions and the application of law in Christian arbitration. This paper will demonstrate how a lack of concrete and applicable law creates issues in the enforceability …
California: A New Golden Hub Of International Commercial Arbitration?, Tiffany Luu
California: A New Golden Hub Of International Commercial Arbitration?, Tiffany Luu
Pepperdine Dispute Resolution Law Journal
This article will explore 2018 SB 766’s impact on International Commercial Arbitration (ICA) within California and will propose initiatives to help California ascend in the list as a preferred seat of ICA. Part II provides the background context of ICA and its use in California. Part III explores the benefits of increasing the use of ICAs seated in California. Part IV suggests ways lawyers and the legal arbitration community can assist in making California a more attractive seat of ICA among international and domestic jurisdictions. Finally, Part V concludes by describing the effect that SB 766 and proposed initiatives will …
Negotiation: Women’S Voices, Morial Shah
Negotiation: Women’S Voices, Morial Shah
Pepperdine Dispute Resolution Law Journal
Gender shapes the way we communicate. Using legal theory, case studies and intercultural analysis, this paper explores the way women’s self-identity interacts with negotiation processes and outcomes. Part I examines social, psychological, cultural and political factors shaping women’s identity, voice and participation in negotiations. Part II explores the way women’s view of themselves impacts their participation in negotiations. Lastly, Part III studies the impact of formal training on gender-based differences in negotiations. Through investigating gender’s impact on negotiations, this paper finds that gender and context interact with negotiation process and outcomes. Through gaining more insight on gender’s context-specific impact, negotiators …
Resolving Disputes Before They Decant: An Alternative Dispute Resolution System For Growers And Wine Producers, Savannah Billingham-Hemminger
Resolving Disputes Before They Decant: An Alternative Dispute Resolution System For Growers And Wine Producers, Savannah Billingham-Hemminger
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Pepperdine Dispute Resolution Law Journal Contents & Masthead, Savannah Billingham-Hemminger
Pepperdine Dispute Resolution Law Journal Contents & Masthead, Savannah Billingham-Hemminger
Pepperdine Dispute Resolution Law Journal
No abstract provided.
In God We Trust (Unless We Change Our Mind): How State Of Mind Relates To Religious Arbitration, Skylar Reese Croy
In God We Trust (Unless We Change Our Mind): How State Of Mind Relates To Religious Arbitration, Skylar Reese Croy
Pepperdine Dispute Resolution Law Journal
Arguably, binding religious arbitration agreements are constitutionally problematic because they hinder freedom of religion: They inhibit parties’ ability to change their beliefs. However, religious arbitration agreements also offer an outlet for the religiously inclined to further practice their beliefs. This Article offers a middle ground: If a party to a religious arbitration agreement changes religion, he or she can claim a “conscientious objector” status if he or she can prove the agreement violates his or her sincerely held religious beliefs. Courts are allowed to inquire into the sincerity of a person’s religious beliefs. The religious question doctrine — which restricts …
Mediation In Education For Foster Care, Anelise Powers
Mediation In Education For Foster Care, Anelise Powers
Pepperdine Dispute Resolution Law Journal
There are well over 400,000 children in foster care. Education can improve the well-being of foster children in critical development stages of life and support their economic success in adulthood. In recent years, the law has given greater priority to the education of foster children, and foster children are often eligible for additional services. However, a common trend in foster care research is that foster children, though eligible, do not always receive the services created to assist them. This paper will explore how improving mediation related to education and foster care can help maximize the impact of efforts to improve …
Compelling Parties To Mediate Investor-State Disputes: No Pressure, No Diamonds?, James M. Claxton
Compelling Parties To Mediate Investor-State Disputes: No Pressure, No Diamonds?, James M. Claxton
Pepperdine Dispute Resolution Law Journal
There was nothing preordained about arbitration becoming shorthand for investor-state dispute settlement. The ICSID system was built on the assumption that disputing parties would choose conciliation to settle their disputes. Those expectations went unrealized as arbitration rose to prominence, and since that time institutions, parties, and academics have observed that facilitated negotiation could play a greater role in resolving investor-state disputes. A number of domestic court systems have made mediation part of the fabric of dispute resolution through incentives and compulsions to mediate. Drawing on this experience, this manuscript considers how obstacles to the uptake of investor-state mediation might be …
Strategic Apologies In Medical Malpractice Mediation, Brittany Norman
Strategic Apologies In Medical Malpractice Mediation, Brittany Norman
Pepperdine Dispute Resolution Law Journal
Mistakes happen, even in a field as serious and careful as medicine. As a result, some patients are left with unexpected results from their medical procedures. Once hospitals inform patients of medical mistakes or the patients inform the hospital, the patients' cases are moved to the legal realm, where they are viewed as a liability. This shift causes the patient to feel as though the hospital does not recognize him or her and prevents doctors from apologizing to their patients, despite their desire to do so. In an attempt to apologize without vulnerability to liability, medical professionals are sometimes instructed …
Aging Out Arbitration For Wrongful Death Suits In Nursing Homes, Courtney Dyer
Aging Out Arbitration For Wrongful Death Suits In Nursing Homes, Courtney Dyer
Pepperdine Dispute Resolution Law Journal
The first section of this article will discuss the significance of removing arbitration agreements from wrongful death claims and implementing mediation instead. The second section will detail the background of arbitration clauses in nursing homes. The third section will review state acts that have opposed the use of arbitration agreements for wrongful death claims in nursing homes. The fourth section will analyze cases that have challenged arbitration agreements in nursing homes for wrongful death claims. The fifth section will propose compulsory mediation and multi-tiered dispute resolution clauses as substitutes for arbitration clauses. Finally, the sixth section will consider potential objections …
No Money, Mo’ Problems: The Attitudes And Experiences Of Homeowners In Default, Tracy Douglas
No Money, Mo’ Problems: The Attitudes And Experiences Of Homeowners In Default, Tracy Douglas
Pepperdine Dispute Resolution Law Journal
This article discusses differences in foreclosure law, consumer protection, and mediation programs. Then, it will summarize relevant research on the topic of homeowners’ attitudes, financial knowledge, economic hardships, causes of default, and effectiveness of representation. Next, this article will outline the study’s design and methodology followed by the results from the data produced by the study. Then, the results will be analyzed. Finally, policy recommendations and reforms supported by the study’s evidence will be discussed.
Masthead & Table Of Contents, Carson W. Bennett
Masthead & Table Of Contents, Carson W. Bennett
Pepperdine Dispute Resolution Law Journal
No abstract provided.
The Advantages Of Incorporating Mechanisms From The Salary Arbitration Models Of Mlb And The Nhl In A Salary Arbitration System In Mls, Andrew Real
Pepperdine Dispute Resolution Law Journal
This article will propose that Major League Soccer adopt a salary arbitration system similar to that used in both Major League Baseball and the National Hockey League. MLS should emulate those strategies of other professional leagues that have resulted in growth. The salary arbitration model is one such advantageous strategy. Part II of this article will provide a summary of the current salary structures and mechanisms of MLS. Part II will also discuss the problems and the origins of the problems associated with MLS's current salary structures and mechanisms. Part III will summarize how salary arbitration is utilized in MLB. …
Israeli Perspectives On Alternative Dispute Resolution And Justice, Omer Shapira
Israeli Perspectives On Alternative Dispute Resolution And Justice, Omer Shapira
Pepperdine Dispute Resolution Law Journal
Israel is a highly litigious country with an overburdened legal system infected with delays. In addition, Israeli society is highly diversified and saturated with social disagreements and rifts between groups. This article identifies two concepts of justice in ADR discourse in Israel—Justice as Efficiency and Justice Beyond Efficiency—and illustrates their application in the context of several ADR developments in the court system, community mediation, the education system, environmental conflicts, and complaints against public bodies. Using these visions of justice, the article explores the justice goals of ADR in Israel, assesses whether they have been achieved, and considers the future of …