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Swords Into Plowshares: A Pilgrimage For The Css Alabama, William Park Jun 2021

Swords Into Plowshares: A Pilgrimage For The Css Alabama, William Park

Faculty Scholarship

During the American Civil War, Britain sold ships to the Southern Confederacy in breach of neutrality obligations, triggering a dispute with the United States carrying threats of armed conflict. Some American politicians saw the dispute as an opportunity to annex Canada, then a weak assemblage of British colonies. Ultimately, arbitration in Geneva averted war, opening an era of long Anglo-American cooperation. The historical consequence of this landmark 1872 arbitration remains difficult to overstate. In addition to its diplomatic importance, the case introduced significant procedural precedents for international arbitration, including dissenting options, reasoned awards, party-appointed arbitrators, collegial deliberations, and arbitrators’ declarations ...


The Role Of International Rules In Blockchain-Based Cross-Border Commercial Disputes, Tonya M. Evans Jan 2019

The Role Of International Rules In Blockchain-Based Cross-Border Commercial Disputes, Tonya M. Evans

Law Faculty Scholarship

[excerpt] The concept of online dispute resolution (ODR) is not new. 1 But, with the advent of Web 3.0, the distributed web that facilitates pseudonymous and cross-border transactions via blockchain's distributed ledger technology, 2 the idea of, and pressing need for, appropriate dispute resolution models for blockchain-based disputes to support this novel system of distributed consensus and trust of which blockchain proponents boast, is a primary concern in rapid development. 3 The common goal of each project is to utilize smart contracts to facilitate "superior, quicker[,] and less expensive proceedings by eliminating so many of the tedious and ...


Arb-Med-Arb In Cross-Border Disputes, Janet C. Checkley, Nadja Alexander Dec 2018

Arb-Med-Arb In Cross-Border Disputes, Janet C. Checkley, Nadja Alexander

Research Collection School Of Law

To satisfy the needs of an increasingly diverse set of legal cultures meeting in the global marketplace today, dispute resolution mechanisms must continually evolve. One of the recent solutions to arise out of the blending of legal cultures is evolutionary rather than revolutionary, because it is in fact not new at all: multi-tiered dispute resolution.


A Contribution To The Conversation On Mixing The Modes Of Mediation And Arbitration: Of Definitional Consistency And Process Structure, Eunice Chua Aug 2018

A Contribution To The Conversation On Mixing The Modes Of Mediation And Arbitration: Of Definitional Consistency And Process Structure, Eunice Chua

Research Collection School Of Law

One ofthe trends that has been growing in importance in international commercialdispute resolution has been the combining and mixing of modes, particularly ofmediation and arbitration. Surveys of users indicate that the reason for thisgrowth has been the perception that mixing of non-adjudicative and adjudicativemodes can help to achieve certain process goals, such as internationalenforceability, cost-effectiveness and relationship preservation. This article firstsuggests an approach towards articulating the myriad ways that mediation andarbitration may be combined, focusing on mediation followed by arbitration(med-arb), arbitration followed by mediation (arb-med), and opening mediationwindows in the arbitration process (arb-med-arb). It then discusses which ofthese mixed ...


Feel The Earth Move – Shifts In The International Dispute Resolution Landscape, Eunice Chua Aug 2018

Feel The Earth Move – Shifts In The International Dispute Resolution Landscape, Eunice Chua

Research Collection School Of Law

This blog post discusses the themes in international dispute resolution that emerged from a panel on 25 July 2018 at the 2018 UNCITRAL Emergence Conference, moderated by Professor Nadja Alexander, CEO of the Singapore International Dispute Resolution Academy.


Mending The Wound Or Pulling It Apart? New Proposals For International Investment Courts And Fragmentation Of International Investment Law, Jaemin Lee Jan 2018

Mending The Wound Or Pulling It Apart? New Proposals For International Investment Courts And Fragmentation Of International Investment Law, Jaemin Lee

Northwestern Journal of International Law & Business

Robust discussions on standing investment courts are currently taking place at various fora. In particular, negotiations to include bilateral investment courts in IIAs are in full swing and leading to the creation of such courts. On the other hand, negotiation for a multilateral investment court has yet to start. Even if negotiation begins, it is not clear how long it will take and whether it will indeed lead to a successful conclusion. As such, for a significant amount of time in the future, it is bilateral investment courts that states administer to resolve investment disputes. Bilateral investment courts, however, will ...


Integrated Conflict Management Design Workbook : كتاب التصميم المتكامل لإدارة الخلافات (Arabic), Nadja Alexander Jun 2016

Integrated Conflict Management Design Workbook : كتاب التصميم المتكامل لإدارة الخلافات (Arabic), Nadja Alexander

Research Collection School Of Law

Mediation Series is a set of three guides that will help policy-makers, organizations and practitioners build mediation practice and culture. The Series include Mediation Essentials, Integrated Conflict Management Design Workbook, and Making Mediation Law. Mediation Essentials serves as a complete orientation guide to ADR in general and to mediation. Making Mediation Law offers a robust perspective on how to design mediation policy and legislation. Guidance in this area is in high demand and scarce (besides the UNCITRAL Model Law on International Commercial Conciliation and its Guide, there aren’t many other comprehensive resources). We hope that Making Mediation Law will ...


Mediation Essentials: The Definitive Deskbook, Nadja Alexander, Jean-Francois Roberge, Fatma Ibrahim May 2016

Mediation Essentials: The Definitive Deskbook, Nadja Alexander, Jean-Francois Roberge, Fatma Ibrahim

Research Collection School Of Law

Mediation is one of the most frequently used alternative dispute resolution processes worldwide. Mediation provides faster, cheaper, and better solutions than a traditional court decision can. Benefits are important for individuals as well as for disputing businesses from the private sector and for public sector institutions. Understanding the principles, process, and skills of mediation is essential for anyone whose professional role involves managing disputes of any kind. Mediation Essentials comprises five chapters as follows: 1) Chapter 1 is about How to Manage and Control Disputes and Alternative Dispute Resolution; Chapter 2 describes on How to Make the Most of Mediation ...


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 ...


Introducing The 'New Handshake' To Expand Remedies And Revive Responsibility In Ecommerce, Amy J. Schmitz Jul 2015

Introducing The 'New Handshake' To Expand Remedies And Revive Responsibility In Ecommerce, Amy J. Schmitz

Faculty Publications

There was a time when individuals would meet in person to make purchases and do deals. They would discuss the terms, assess the trustworthiness and character of their contracting partners, and conclude the deal with a handshake. The handshake helped ensure the enforcement of the deal without need for the rule of law or legal power. That handshake was one’s bond — it was a personal trust mark. With the emergence of eCommerce, however, that handshake has nearly disappeared along with the sense of responsibility it inspired. Accordingly, this article discusses how this has impacted consumers’ access to remedies regarding ...


Book Review, Anna Spain Jan 2014

Book Review, Anna Spain

Articles

No abstract provided.


Overview Of Panel: Judges, Diplomats, And Peacebuilders: Evaluating International Dispute Resolution As A System, Anna Spain Jan 2014

Overview Of Panel: Judges, Diplomats, And Peacebuilders: Evaluating International Dispute Resolution As A System, Anna Spain

Articles

No abstract provided.


Introduction To The Symposium Issue On The Americanization Of International Dispute Resolution, Mary Ellen O'Connell Nov 2013

Introduction To The Symposium Issue On The Americanization Of International Dispute Resolution, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.


Brief 7: Building An International Court For The Environment: A Conceptual Framework, Philip Riches, Stuart A. Bruce Jan 2013

Brief 7: Building An International Court For The Environment: A Conceptual Framework, Philip Riches, Stuart A. Bruce

Governance and Sustainability Issue Brief Series

This issue brief considers the role and nature of existing and potential international dispute resolution fora in relation to international environmental law. It addresses impediments at the international level, such as limited access to justice by non-state actors and the lack of technical and scientific capability. As a conceptual paper, it highlights two possible remedial options: an international environmental tribunal and an international environmental court.


Examining The International Judicial Function: International Courts As Dispute Resolvers, Anna Spain Jan 2011

Examining The International Judicial Function: International Courts As Dispute Resolvers, Anna Spain

Articles

This article examines the judicial function of international courts by considering both what it is and what it ought to be. The article identifies and describes two distinct functions - dispute settlement and peace promotion - and explores the tensions that exist in pursuing these two aims. It then introduces a third way of understanding the international judicial function that respects international courts’ traditional role as dispute settlers while allowing for their more engaged and proactive function as peacemakers. This third approach conceptualizes that the role of international courts is to resolve disputes. Doing so requires understanding courts as entities that exist ...


Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain Jan 2011

Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain

Articles

This Article examines the role of international adjudication as a mechanism for resolving international disputes and promoting global peace and security in an era of climate change. The central claim is that adjudication has limitations that make it ineffective as a tool for resolving international resource disputes. The Article argues that adjudication is limited due to source and process challenges and it illustrates this claim by reviewing cases adjudicated by the International Court of Justice, the Permanent Court of Arbitration and other international courts and tribunals. Four categories of adjudication limitation emerge: a) cases where the parties refused to submit ...


Integration Matters: Rethinking The Architecture Of International Dispute Resolution, Anna Spain Jan 2010

Integration Matters: Rethinking The Architecture Of International Dispute Resolution, Anna Spain

Articles

International law promotes global peace and security by providing mechanisms for the pacific settlement of international disputes. This Article examines these mechanisms and their place in the architecture of the international dispute resolution ("IDR") system. The Article identifies three core deficiencies of the IDR system that limit its effectiveness and capacity. First, the international legal system has prioritized the development of adjudication over other forms of dispute resolution; the judicialization of international disputes and the proliferation of courts and tribunals evidence this. However, adjudication is limited in its capacity to resolve disputes that involve non-state parties and extra-legal issues. This ...


Using International Dispute Resolution To Address The Compliance Question In International Law, Anna Spain Jan 2009

Using International Dispute Resolution To Address The Compliance Question In International Law, Anna Spain

Articles

A fundamental critique of international law is that it fails to ensure compliance and, thus, has limited influence on state behavior. Existing compliance theories consider how interests, norms and legal process impact states. Within the legal process school, theories either narrowly define process as methods that achieve a legal aim or broadly consider diplomatic activities without connecting them to the structural elements of process. Thus, despite the prolific scholarship in this area, understanding of how an international dispute resolution process, such as the Six-Party Talks, influences state behavior, such as North Korea’s actions toward nuclear disarmament, remains limited.

To ...


Legitimacy And International Adjudicative Bodies, Nienke Grossman Jan 2009

Legitimacy And International Adjudicative Bodies, Nienke Grossman

All Faculty Scholarship

This article proposes a theory of legitimacy tailored to international courts and tribunals. In Part II of this paper, the article defines an "international adjudicative body" as a dispute resolution mechanism - also called a "court" or "tribunal" - which decides disputes between litigants, at least one of whom must be a state, and comments on this definitional choice. The analysis in this article is limited only to adjudicative bodies where states are involved as litigants because a different set of legitimacy-influencing factors may be present when only private parties are involved. Next, it lays out a theory of legitimacy specifically for ...


Philippine Community Mediation, Katarungang Pambarangay, Gill Marvel P. Tabucanon, James A. Wall Jr., Wan Yan Jul 2008

Philippine Community Mediation, Katarungang Pambarangay, Gill Marvel P. Tabucanon, James A. Wall Jr., Wan Yan

Journal of Dispute Resolution

First, we present a brief overview of the process, followed by a delineation of the history, purpose, operational structure, jurisdiction, venue, procedure, and time frame for this mediation approach. Finally, we report on interviews we conducted with mediators who have served on these panels. Their accounts reveal intriguing details as to how the mediation process unfolds and the benefits of this dispute resolution process. Our goals in this article are threefold: (1) to describe this grassroots mediation approach; (2) to expand our knowledge about mediation; and (3) to reflect on the advantages of this approach so as to improve mediation ...


Introduction To The Symposium Issue On The Americanization Of International Dispute Resolution, Mary Ellen O'Connell Jan 2003

Introduction To The Symposium Issue On The Americanization Of International Dispute Resolution, Mary Ellen O'Connell

Journal Articles

No abstract provided.


Book Review, S. James Anaya Jan 1997

Book Review, S. James Anaya

Articles

No abstract provided.