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Dispute Resolution and Arbitration

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Articles 1 - 30 of 2982

Full-Text Articles in Law

The Human Psyche’S Effect On Arbitral Witness Accuracy, Caroline Skaff Dec 2021

The Human Psyche’S Effect On Arbitral Witness Accuracy, Caroline Skaff

Arbitration Law Review

No abstract provided.


Storm And Wastewater Infrastructure: Negotiating Disputes In The Face Of Covid And Extreme Weather Events, Shannon Leininger Dec 2021

Storm And Wastewater Infrastructure: Negotiating Disputes In The Face Of Covid And Extreme Weather Events, Shannon Leininger

Arbitration Law Review

No abstract provided.


Why An Improper Venue Can Have Lasting Effects On The Intersection Of Sport And Human Rights, Jenna Ebersbacher Dec 2021

Why An Improper Venue Can Have Lasting Effects On The Intersection Of Sport And Human Rights, Jenna Ebersbacher

Arbitration Law Review

No abstract provided.


A New (Deepwater) Horizon For Arbitrator Bias, Michael Konen Dec 2021

A New (Deepwater) Horizon For Arbitrator Bias, Michael Konen

Arbitration Law Review

No abstract provided.


What Title Ix Dispute Systems Designers Can Learn From Arbitration, Sarah Rudolph Cole Dec 2021

What Title Ix Dispute Systems Designers Can Learn From Arbitration, Sarah Rudolph Cole

Arbitration Law Review

No abstract provided.


Fragmentation And Judicialization Of International Commercial Arbitration: Expedited Arbitration And The “Arbitral Trial”, Ylli Dautaj Dec 2021

Fragmentation And Judicialization Of International Commercial Arbitration: Expedited Arbitration And The “Arbitral Trial”, Ylli Dautaj

Arbitration Law Review

No abstract provided.


No Time For Hand-Wringing: A Comment On Nat’L Weather Serv. Emp.’S Org. V. Flra, Simon X. Cao Dec 2021

No Time For Hand-Wringing: A Comment On Nat’L Weather Serv. Emp.’S Org. V. Flra, Simon X. Cao

Arbitration Law Review

No abstract provided.


Arbitrability Or Delegation: A Comment On Seiu Local 121rn V. Los Robles Reg'l Med. Ctr., Tim Mangan Dec 2021

Arbitrability Or Delegation: A Comment On Seiu Local 121rn V. Los Robles Reg'l Med. Ctr., Tim Mangan

Arbitration Law Review

No abstract provided.


Article: Misplaced Fear, How Private International Arbitration Will Not Crumble In The Face Of Compelling Discovery Under § 1782(A), Keenan Rambo Dec 2021

Article: Misplaced Fear, How Private International Arbitration Will Not Crumble In The Face Of Compelling Discovery Under § 1782(A), Keenan Rambo

Arbitration Law Review

No abstract provided.


Novel Issues In Canadian Labour Arbitration Related To Covid-19, Richard Bales Dec 2021

Novel Issues In Canadian Labour Arbitration Related To Covid-19, Richard Bales

Arbitration Law Review

No abstract provided.


Finra’S Dispute Resolution Pandemic Response, Kristen M. Blankley Dec 2021

Finra’S Dispute Resolution Pandemic Response, Kristen M. Blankley

Arbitration Law Review

No abstract provided.


Hypothetical Ai Arbitrators: A Deficiency In Empathy And Intuitive Decision-Making, Cole Dorsey Dec 2021

Hypothetical Ai Arbitrators: A Deficiency In Empathy And Intuitive Decision-Making, Cole Dorsey

Arbitration Law Review

No abstract provided.


Contributory Fault And Investor Misconduct In Investment Arbitration, Matthew Nichol Dec 2021

Contributory Fault And Investor Misconduct In Investment Arbitration, Matthew Nichol

Arbitration Law Review

No abstract provided.


The "Gants Principles" For Online Dispute Resolution: Realizing The Chief Justice's Vision For Courts In The Cloud, Harold Hongju Koh Nov 2021

The "Gants Principles" For Online Dispute Resolution: Realizing The Chief Justice's Vision For Courts In The Cloud, Harold Hongju Koh

Boston College Law Review

The late Chief Justice Ralph D. Gants was many things to many people: a beloved friend and family member, a visionary judge, an advocate for the vulnerable, and a forward-looking thinker. This Article recalls both personal and professional aspects of Ralph to illuminate an area of law where his judicial legacy will endure: online dispute resolution (ODR). Well before the onset of the COVID-19 pandemic, Chief Justice Gants recognized the significance of online, cloud-based courts and articulated key principles for developing these courts to improve the lives of those who appear before them. This Article assesses the status and trends ...


Opt-In Arbitration: A Functional Alternative To The Fair Act, Garrett Meisman Aug 2021

Opt-In Arbitration: A Functional Alternative To The Fair Act, Garrett Meisman

BYU Law Review

No abstract provided.


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.