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Articles 91 - 104 of 104
Full-Text Articles in Law
28 Usc § 1782 In Aid Of Foreign Arbitration: "A Tribunal By Any Other Name", Attilio M. Costabel
28 Usc § 1782 In Aid Of Foreign Arbitration: "A Tribunal By Any Other Name", Attilio M. Costabel
St. Thomas Law Review
No abstract provided.
Between Backlash And The Re-Emerging “Calvo Doctrine”: Investor-State Dispute Settlement In An Era Of Socialism, Protectionism, And Nationalism, Ylli Dautaj
Northwestern Journal of International Law & Business
The Investor-State Dispute Settlement (ISDS) regime stands on shaky ground. Its legitimacy is heavily questioned by critics and a “backlash debate” has ensued. As a result, a contested and infected debate has been on-going for some years now and multiple reform proposals have been offered, ranging from (a) moderate (and sensible) reform proposals—e.g., increased transparency; the inclusion of state counterclaims; the inclusion of higher ethical standards; reformulating deference standards; applying human rights and environmental law when interpreting international investment treaties; etc.—to more (b) radical reform proposals—e.g., the elaboration of either an Appellate System or an Investment Court System (ICS). Such …
Taxing Employers For Imposing Mandatory Arbitration, Class Action Waiver, And Nondisclosure Of Dispute Provisions, Rebecca N. Morrow
Taxing Employers For Imposing Mandatory Arbitration, Class Action Waiver, And Nondisclosure Of Dispute Provisions, Rebecca N. Morrow
SMU Law Review
Employers impose coercive dispute resolution terms on their employees more frequently, more broadly, and with greater legal success than ever before. Recent survey data indicates that mandatory employment arbitration provisions bind more than 60 million American workers—over half of the U.S. private-sector nonunion workforce. Employment class action waivers bind nearly 25 million American workers. In 2018, the Supreme Court held 5–4 that mandatory arbitration provisions and class action waivers imposed by employers on their employees do not violate the National Labor Relations Act. These terms prohibit employees from exposing employer wrongdoing in open court, bar employees with valid wage and …
Setting The Table For Mediation Success: Supporting Disputants To Arrive Prepared, Timothy Hedeen, Vittorio Indovina, Joanne Donner, Claudia Stura
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 in …
The Grass Is Always Greener: Applying Adr To Marijuana Disputes, Garrison Harms
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.
Another One Bites The Dust: How Jevic Curtailed Creditor Rights To Negotiate In And Out Of Bankruptcy, Jaden Banks
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 and cramdown …
State Legislative Update, Eli Dodge, Kevin Johnston, Seth Christensen
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.
Ai In International Arbitration: Need For The Human Touch, Derick H. Lindquist, Ylli Dauta
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.
Domestic Courts' Impact On Arbitral Awards: Pragmatic Reflections On The New York Convention, Mohamed Sweify
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.
Forgotten Heroes: The Unacceptable Results Of Military Administrative Separations, Bryan Oliver
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.