Law Commons^™

Corporate Wealth Over Public Health? Assessing The Resilience Of Developing Countries' Covid-19 Responses Against Investment Claims And The Implications For Future Public Health Crises, Tim Hagemann

Pace International Law Review

In the wake of the Covid-19 pandemic, states around the world swiftly enacted a multitude of far-reaching emergency responses to contain the viruses’ spread and to cope with the economic repercussions of the ensuing crisis. However, these measures detrimentally impacted the operating conditions of many businesses or, at the least, decreased their profitability. As this inevitably affected foreign investments, investors could be tempted to invoke “Investor State Dispute Settlement” (“ISDS”) clauses in International Investment Agreements (IIAs) to initiate proceedings before arbitral tribunals and seek compensation for loss of profit caused by states’ Covid-19 responses. Due to the specific circumstances in …

Divorcing Partners And Fighting Siblings: Using The Collaborative Law Model To Resolve Disputes In Family Businesses, Hayley R. Goodman

University of Miami Business Law Review

This paper focuses on the ways that collaborative law can be used to resolve family business disputes. Such disputes can get ugly and leave families and businesses in shambles after years of fighting and even litigation. Such disputes can involve those between divorcing partners, parents and children, extended family members, and new and ex partners. Sometimes, these disputes cannot be resolved, forcing family members to sell all or part of the company. Moreover, when families try to resolve disputes through litigation, they end up spending a lot of money. Mediation is often used to resolve disputes in the family business …

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

Arbitration Law Review

No abstract provided.

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

Arbitration Law Review

No abstract provided.

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

Arbitration Law Review

No abstract provided.

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

Arbitration Law Review

No abstract provided.

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

Arbitration Law Review

No abstract provided.

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

Arbitration Law Review

No abstract provided.

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

Arbitration Law Review

No abstract provided.

Contributory Fault And Investor Misconduct In Investment Arbitration, Matthew Nichol

Arbitration Law Review

No abstract provided.

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

Arbitration Law Review

No abstract provided.

Structural Barriers To Inclusion In Arbitrator Pools, Nicole G. Iannarone

Washington Law Review

Critics increasingly challenge mandatory arbitration because the pools from which decisionmakers are selected are neither diverse nor inclusive. Evaluating diversity and inclusion in arbitrator pools is difficult due to the black box nature of mandatory arbitration. This Article evaluates inclusion in arbitrator pools through a case study on securities arbitration. The Article relies upon the relatively greater transparency of the Financial Industry Regulatory Authority (FINRA) forum. It begins by describing the unique role that small claims securities arbitration plays in maintaining investor trust and confidence in the securities markets before describing why ensuring that the FINRA arbitrator pool is both …

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.

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.

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

Arbitration Law Review

No abstract provided.

The Case For An International Solution To The Restitution Of Cultural Property: Morality, Legality And Righting Western Wrongs, Ariana Catarisano

Brooklyn Journal of International Law

In 2020, the conversation surrounding the return of cultural property acquired during the colonial era was given new life after the world watched as Black Lives Matter activists exposed systemic racial injustice in the United States. Thousands of objects currently sit in western museums under the guise of sharing these cultures and civilizations with the world, but this brings little comfort to communities suffering the genocidal consequences of colonialism. As formerly colonized nations battle the western world for the return of their cultural property, success is often dictated by a combination of power, money, and the ability to turn the …

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

Arbitration Law Review

No abstract provided.

Arbitrating Security Class Actions: The Limits Of Forum Selection Bylaws, Paul Schochet

St. John's Law Review

No abstract provided.

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

UAEU Law Journal

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.

Georgia Journal of International & Comparative Law

No abstract provided.

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 …

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.

Capitalization Of The Global Green Economy: An Analysis Of South Carolina's Current Foreign Direct Investment Efforts And Suggestions For Continued Sustainability, William E. Hilger

South Carolina Law Review

No abstract provided.

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.

Faculty List

Journal of Dispute Resolution

No abstract provided.

Masthead

Journal of Dispute Resolution

No abstract provided.

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

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 the Lisbon …

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 or the …