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Dispute Resolution and Arbitration

2015

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Full-Text Articles in Law

Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law Dec 2015

Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law

Life of the Law School (1993- )

Also available @ http://law.rwu.edu/story/logan-2015s-record-settlements


Newsroom: Logan On Volkswagen Emissions, Roger Williams University School Of Law Dec 2015

Newsroom: Logan On Volkswagen Emissions, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Center Of The Center For Alternative Dispute Resolution, Wayne Brazil Dec 2015

The Center Of The Center For Alternative Dispute Resolution, Wayne Brazil

Wayne Brazil

Hawaii was one of the first states to establish within its judiciary a Center for Alternative Dispute Resolution. The Center's mission is: to mediate major public policy disputes and to facilitate policy formulation dialogues, to design and help implement mediation and other ADR programs for state and local governmental agencies, to provide education about and training in mediation for the public and for employees of state and local government, and to oversee the extensive network of community mediation centers that provide grass-roots mediation services throughout the Islands. In November of 2005 the Center celebrated its 20th anniversary by sponsoring ...


Helfstein V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 91 (Dec. 3, 2015), Heather Caliguire Dec 2015

Helfstein V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 91 (Dec. 3, 2015), Heather Caliguire

Nevada Supreme Court Summaries

The Nevada Supreme Court determined that the six-month deadline to set aside a voluntary dismissal or settlement agreement found within NRCP 60(b) could not be extended, despite an allegation of fraud.


Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty Dec 2015

Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty

Benjamin C McCarty

The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount ...


Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel Dec 2015

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle ...


Table Of Contents, Antonio Medina-Rivera Ph.D, Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D Dec 2015

Table Of Contents, Antonio Medina-Rivera Ph.D, Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.


Introduction: Foreign Films And Higher Education, Heba A.N. El Attar Ph.D. Dec 2015

Introduction: Foreign Films And Higher Education, Heba A.N. El Attar Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.


Intercultural Communicative Competence: Literature Review, Lee F. Wilberschied Ph.D. Dec 2015

Intercultural Communicative Competence: Literature Review, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

Intercultural Communicative Competence (ICC) is a cluster of capabilities that will become even more essential, not only to negotiate borders of many dimensions as globalization proceeds, but also to enhance the ability to maneuver one’s way in a world that changes by the minute. The process of developing ICC prepares the learner to manage and appreciate border crossings on many levels. This brief review of the literature offers a summary of the components of ICC, how it is similar to and different from other competences, and recommendations on how to assess it. This overview may be helpful when considering ...


Understanding Arab Culture Through Cinema, Abed El-Rahman Tayyara Ph.D. Dec 2015

Understanding Arab Culture Through Cinema, Abed El-Rahman Tayyara Ph.D.

Cultural Encounters, Conflicts, and Resolutions

The article examines the use of cinema as a tool for teaching about Arab culture and assesses the process in which learners acquire a higher level of intercultural communicative competence. The essay draws primarily on multilayered class activities and students’ responses to pre- and post- screening surveys related to eight Arab films. The article reveals that the evaluation of the learners’ intercultural competence and their familiarity with Arab culture in particular is a long process that filled with misunderstandings, gaps, inconsistencies, and contradictions on the part of the learners. To successfully conduct this type of teaching, the article also points ...


Teaching About The Muxes In The United States: Cultural Construct Gender Identity, And Transgression In The 21st Century, Nohora V. Cardona Núñez Ph.D. Dec 2015

Teaching About The Muxes In The United States: Cultural Construct Gender Identity, And Transgression In The 21st Century, Nohora V. Cardona Núñez Ph.D.

Cultural Encounters, Conflicts, and Resolutions

This study focuses on the manner in which gender identities challenge heteronormativity and are understood as a way to interpret the sexed body through culture in the documentary Muxes: auténticas, intrépidas, buscadoras del peligro (2005), directed by Mexican filmmaker Alejandra Islas Caro. In the context of a Gender Issues in Latin America course taught in a North American university, we explored how certain theories by thinkers such as Simone de Beauvoir, Pierre Bourdieu, and Judith Butler, among others, contend that sexual preference, gender orientation, and sexuality, can be built as a cultural constructs, contrary to popular beliefs on the subject ...


Predicting Outcomes In Investment Treaty Arbitration, Susan Franck Dec 2015

Predicting Outcomes In Investment Treaty Arbitration, Susan Franck

Articles in Law Reviews & Other Academic Journals

Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes. As the United States negotiates investment treaties with Asian and European countries, the terms of dispute settlement have become contentious. There is a vigorous debate about whether investment treaty arbitration (ITA) is an appropriate dispute settlement mechanism. While some sing the praises of ITA, others offer a spirited critique. Some critics claim that ITA is biased against states, while others suggest ITA is predictable but unfair due to factors like arbitrator identity or venue. Using data from 159 final cases derived ...


Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas Dec 2015

Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas

University of Miami International and Comparative Law Review

No abstract provided.


Note On Special Issue, Antonio Medina-Rivera Ph.D., Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D. Dec 2015

Note On Special Issue, Antonio Medina-Rivera Ph.D., Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.


El Paseo By Harold Trompetero: Approaching Popular Film From Colombia In A North American Classroom, Matias Martinez Abeijon Ph.D. Dec 2015

El Paseo By Harold Trompetero: Approaching Popular Film From Colombia In A North American Classroom, Matias Martinez Abeijon Ph.D.

Cultural Encounters, Conflicts, and Resolutions

This article explores the manner in which popular films from Colombia—

specifically comedies, such as the movie El paseo, directed by Harold Trompetero in 2010, which has been the highest grossing movie to date in the history of movies produced in Colombia–may be used in the classroom in the context of a World Language, Literature, and Culture department in the United States. It is the contention of this study that such a choice is far from common due to diverse issues, which include the limited access to international distribution of the majority of the so-called “national film” or, in ...


Can Films Speak The Truth? Mathieu Kassovitz’S La Haine (1995) And Philippe Faucon’S La Désintégration (2011), Annie Jouan-Westlund Ph.D. Dec 2015

Can Films Speak The Truth? Mathieu Kassovitz’S La Haine (1995) And Philippe Faucon’S La Désintégration (2011), Annie Jouan-Westlund Ph.D.

Cultural Encounters, Conflicts, and Resolutions

La Haine, (Dir. Mathieu Kassovitz, 1995) and La Désintégration (Dir. Philippe Faucon, 2011), set in France’s urban periphery, depict the struggle of second and third-generation immigrants growing up in the housing projects and their desire to live like ‘other’ French young people. The analysis offers a comparative study of the films’ reception with a community of viewers made of American students in a Contemporary French Culture course. Following the three paradigms of exclusion (social, racial, and cultural); gender representation; and aestheticism and realism, this study demonstrates that, within certain limits, these cinematic propositions, of similar prophetic nature but different ...


Approaches To Teaching Latin American Culture Through Film: Children’S Plight In Poverty- And Violence-Ridden Countries, Delia V. Galvan Ph.D. Dec 2015

Approaches To Teaching Latin American Culture Through Film: Children’S Plight In Poverty- And Violence-Ridden Countries, Delia V. Galvan Ph.D.

Cultural Encounters, Conflicts, and Resolutions

Students at the beginning levels of foreign language study have many borders to cross and many challenges to negotiate. This paper reports the results of a preliminary study involving the use of full-length films to engender intercultural sensitivity and understanding among two groups of first-year students of Spanish. Both films depict hardships of children in Spanish-speaking countries—as a result of conscription or as a result of child labor. The paper discusses the contextualization of the films for the students, the students’ responses to questionnaires, portions of classroom discussion that indicate growth in the areas of focus, and implications of ...


“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu Dec 2015

“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu

Maryland Law Review

Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box ...


"Underdog" Arbitration: A Plan For Transparency, Ramona L. Lampley Dec 2015

"Underdog" Arbitration: A Plan For Transparency, Ramona L. Lampley

Washington Law Review

The use of mandatory, pre-dispute arbitration clauses in consumer, employment, health-care, and even nursing home agreements is ever-increasing, even though the general public has distrust and a lack of understanding of the nature of arbitration. The Supreme Court in AT&T Mobility LLC v. Concepcion, and then in American Express Co. v. Italian Colors Restaurant, has signaled firmly that mandatory pre-dispute arbitration is here to stay. This is true even for individual low-value claims in which one party, say the consumer or employee, has little or no bargaining power. I call these claims “underdog claims.” There have been numerous proposals to amend the Federal Arbitration Act (FAA) to exclude such claims from mandatory pre-dispute arbitration agreements and numerous criticisms raised in reaction to the Court’s jurisprudence. But with the Supreme Court’s theoretical view that arbitrating underdog claims is fair, these criticisms have gone unheeded by the majority of the Court. Now the question is how should we approach this new field of dispute resolution in which so many claims will be resolved? This Article analyzes the meritorious criticisms of underdog arbitration, which include bias, the repeat-player effect, the removal of publicity, the lack of judicial oversight, and a general concern about the lack of transparency. Then I propose a three-part solution for promoting transparency to establish a system in which underdog arbitration can work. I propose that the FAA be amended to require transparency in consumer and employee claims through: (1) uniform data reporting at the arbitration service-provider level; (2) requiring a written statement of decision in such disputes; and (3) data-reporting requirements by the business entity imposing mandatory pre-dispute arbitration on the employee/consumer stake-holder.


Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association Dec 2015

Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association

Articles

These comments respond to proposed Treasury Regulations defining terms relating to marital status in the Internal Revenue Code following the Supreme Court's decision in the Windsor and Obergefell cases. The comments applaud the Internal Revenue Service for reading gendered terms relating to marital status in a gender-neutral fashion. For a number of reasons, however, the comments recommend that the final regulations omit the proposed rule for determining an individual’s marital status and, in its place, codify the current deference to local law in determining marital status for federal tax purposes. Most importantly, the comments further recommend that the ...


Online Dispute Resolution (Odr) Within Developing Nations: A Qualitative Evaluation Of Transfer And Impact, Doug Leigh, Frank Fowlie Nov 2015

Online Dispute Resolution (Odr) Within Developing Nations: A Qualitative Evaluation Of Transfer And Impact, Doug Leigh, Frank Fowlie

Doug Leigh

The field of online dispute resolution (ODR) is developing both as practice and a profession. Evidence of this includes a growing community of scholars and practitioners. A Canadian International Development Agency (CIDA) grant permitted 16 practitioners from developing countries to attend the 2008 ODR Forum in Victoria, British Columbia. In the year following the Forum, an evaluation was conducted to identify changes among these practitioners’ behaviors, knowledge, skills, abilities and credibility. Results indicate that ODR practitioners in developing countries are engaged in a wide range of activities, many of which are technologically and logistically complex. These practitioners also face a ...


A Case Ill Suited For Judgment: Constructing 'A Sovereign Access To The Sea' In The Atacama Desert, Christopher Rossi Nov 2015

A Case Ill Suited For Judgment: Constructing 'A Sovereign Access To The Sea' In The Atacama Desert, Christopher Rossi

christopher robert rossi

Abstract: In 2015, the International Court of Justice ruled that Bolivia’s claim against Chile could proceed to the merit stage, setting up this Article’s discussion of perhaps the most intractable border dispute in South American history – Bolivia’s attempt to reclaim from Chile a ‘sovereign access to the Pacific Ocean’. This Article investigates the international law and deeply commingled regional history pertaining to the Atacama Desert region, the hyperarid yet resource-rich region through which Bolivia seeks to secure its long-lost access to the sea. Investigating the factual circumstances (effectivités), the post-colonial international legal principle of uti possidetis, territorial ...


Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard Nov 2015

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

Robert D Bullard

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.


The History And The Current Development Of Commercial Arbitration In Kazakhstan, Venera Konussova Nov 2015

The History And The Current Development Of Commercial Arbitration In Kazakhstan, Venera Konussova

Venera Konussova

Kazakhstan has recently been taking steps to a new wave of modernization in order to enter 30 the most developed countries of the world. Such ambitious goal requires not only fast and effective development of all spheres of the economy but also significant improvement of legislation. Revision of legislation in the field of arbitration seeks a twofold goal; to create favorable conditions for the civil rights protection, and to improve the investment climate in particular. In order to obtain this goal, the Draft Law on Arbitration largely reconsidered existing legislation by incorporating progressive regulations, which help to overcome long lasting ...


The Use Of The Proportionality Principle To Distinguish Compensatory Indirect Expropriation From Regulatory Measures, Anca T. Muir Nov 2015

The Use Of The Proportionality Principle To Distinguish Compensatory Indirect Expropriation From Regulatory Measures, Anca T. Muir

Anca T Muir

The Investor State Dispute Settlement (ISDS) system has been criticized recently as a way for foreign corporations to counter a national government’s right to regulate. A subject of much of this scrutiny is the compensation requested by foreign investors when the host state needs to regulate for the public interest.

The issue of compensation for actions of indirect expropriation is a controversial issue, especially when the host state uses its police power to regulate in the public interest. When this occurs, it can create a conflict in which an investor claims that his investment was reduced to nothing by ...


Arbitration Of Disputes Between Consumers And Financial Institutions: A Serious Threat To Consumer Protection, Mark E. Budnitz Nov 2015

Arbitration Of Disputes Between Consumers And Financial Institutions: A Serious Threat To Consumer Protection, Mark E. Budnitz

Mark E. Budnitz

No abstract provided.


Comparing Mandatory Arbitration And Litigation: Access, Process, And Outcomes, Alexander Colvin, Mark D. Gough Nov 2015

Comparing Mandatory Arbitration And Litigation: Access, Process, And Outcomes, Alexander Colvin, Mark D. Gough

Alexander Colvin

[Excerpt] What do we know about mandatory arbitration and its impact? Some existing studies have examined samples of employment arbitration cases, usually obtained from the American Arbitration Association (AAA), which is currently the largest arbitration service provider in the employment area. Although some early studies found relatively high employee win rates and damage awards in arbitration, comparable to those in litigation, these results were mainly based on arbitration under individually negotiated agreements or in the securities industry and involved relatively highly paid individuals. More recent studies using larger samples of cases based on mandatory arbitration agreements find much lower employee ...


Individual Employment Rights Arbitration In The United States: Actors And Outcomes, Alexander Colvin, Mark Gough Nov 2015

Individual Employment Rights Arbitration In The United States: Actors And Outcomes, Alexander Colvin, Mark Gough

Alexander Colvin

The authors examine disposition statistics from employment arbitration cases administered over an 11-year period by the American Arbitration Association (AAA) to investigate the process of dispute resolution in this new institution of employment relations. They investigate the predictors of settlement before the arbitration hearing and then estimate models for the likelihood of employee wins and damage amounts for the 2,802 cases that resulted in an award. Their findings show that larger-scale employers who are involved in more arbitration cases tend to have higher win rates and have lower damage awards made against them. This study also provides evidence of ...


The Singapore International Commercial Court: A Challenge To Arbitration?, Kc Lye, Darius Chan Nov 2015

The Singapore International Commercial Court: A Challenge To Arbitration?, Kc Lye, Darius Chan

Research Collection School Of Law

No abstract provided.


Singapore: Reflecting On The Development Of The Domestic Mediation Scene, Eunice Chua Nov 2015

Singapore: Reflecting On The Development Of The Domestic Mediation Scene, Eunice Chua

Research Collection School Of Law

Amidst all the attention that Singapore has attracted as an international dispute resolution hubwith the recent launches of the Singapore International Mediation Centre (“SIMC”), SingaporeInternational Mediation Institute (“SIMI”) and the Singapore International Commercial Court,it is appropriate to pause to reflect on how far the domestic mediation scene has come in orderto support these global ambitions.