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Dispute Resolution and Arbitration

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Full-Text Articles in Law

Arbitration Amendments In Egypt: How Egyptian Arbitration Law Will Impact International Arbitration And Foreign Business In Egypt, Rebecca Brady Jun 2023

Arbitration Amendments In Egypt: How Egyptian Arbitration Law Will Impact International Arbitration And Foreign Business In Egypt, Rebecca Brady

Arbitration Law Review

No abstract provided.


The Breakdown Of The International Commercial Arbitration System: The Kabab-Ji Case, Shaun Hay Jun 2023

The Breakdown Of The International Commercial Arbitration System: The Kabab-Ji Case, Shaun Hay

Arbitration Law Review

No abstract provided.


Striking The Wrong Note: Is Mandatory Arbitration More Effective Than The Traditional Strike System?, Taylor Washington Jun 2023

Striking The Wrong Note: Is Mandatory Arbitration More Effective Than The Traditional Strike System?, Taylor Washington

Arbitration Law Review

No abstract provided.


The Sustainability Of The International Contract Between The Notions Of: “Pacta Sunt Servanda” And “Things Thus Standing”: Reflections On The Interpretative Power Of The Arbitrator, Imed Bejeoui Jun 2023

The Sustainability Of The International Contract Between The Notions Of: “Pacta Sunt Servanda” And “Things Thus Standing”: Reflections On The Interpretative Power Of The Arbitrator, Imed Bejeoui

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The incidence of disruptive circumstances of the balance initially projected by the parties to an international contract may put an end to it or render it an excessively onerous load for one of the contracting parties. In that context, the role of the arbitrator is vital. The mission of the arbitrator is particularly problematic in the situation that the parties had not formally predicted for the changes probable to affect the performance of the contract in their agreement. The arbitrator will be asked to decide on the destiny of the contract confronted by execution difficulties. Supposedly, two alternatives are presented. …


The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley, Eric Vr Hryniewicz Jun 2023

The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley, Eric Vr Hryniewicz

Geography Undergraduate Senior Theses

Floods are the most damaging natural disasters in America. Land use change in upland watersheds can increase the probability and severity of floods (Bronstert, Niehoff, & Burger, 2002). When watersheds are divided by political and private property boundaries it leads to a misalignment of incentives in which downstream users lack recourse for upstream land use decisions contributing to flood risk. In this thesis, researchers interrogate the attributes of town officials and towns that determine what motivates town governments to act on flooding and what motivates and enables town officials to collaborate on planning and how do they collaborate in practice. …


Table Of Contents & Masthead, Patrick Babajanian Jun 2023

Table Of Contents & Masthead, Patrick Babajanian

Pepperdine Dispute Resolution Law Journal

No abstract provided.


The Use Of Arbitration Clauses By Social Media Websites: A Critique, Kavya Jha, Ananya Singh Jun 2023

The Use Of Arbitration Clauses By Social Media Websites: A Critique, Kavya Jha, Ananya Singh

Pepperdine Dispute Resolution Law Journal

The arbitration clauses contained in the Terms of Services (ToS) of most social media websites mandate arbitration and the waiver of class arbitration.1 In light of this reality, this article seeks to analyze the legal position with respect to mandatory arbitration and class arbitration waiver in the United States, India, and European Union (EU). It compares and juxtaposes the respective positions in these three jurisdictions to find that whereas the United States has been pro-arbitration to the extent of being detrimental to consumer interest, India has adopted an overly protectionist approach, while the EU has adopted an effective model to …


Is There A Role For Conflict Photography In Conflict Resolution? It's Complicated, Joseph Clift Jun 2023

Is There A Role For Conflict Photography In Conflict Resolution? It's Complicated, Joseph Clift

Pepperdine Dispute Resolution Law Journal

In this essay, I argue that conflict photography has an important and useful role in conflict understanding and resolution. While conflict images’ usefulness has been debated, I argue that its importance has not. I start with a description of conflict photography and then provide a short historical account of the camera and its use in documenting conflicts. Next, I discuss conflict resolution and present examples of conflict resolution strategies. I then present evidence of how conflict photography can be a useful tool to support some of those strategies. Afterwards, I discuss the complicated nature of conflict photography’s usefulness. I conclude …


St(D)Reaming Resolution: Crowd-Based Stepped Online Dispute Resolution For Professional Gamers, Vtubers & Streamers, Benjamin Davies Jun 2023

St(D)Reaming Resolution: Crowd-Based Stepped Online Dispute Resolution For Professional Gamers, Vtubers & Streamers, Benjamin Davies

Pepperdine Dispute Resolution Law Journal

This paper proposes and creates a novel method to resolve disputes between content creators, Vtubers, Professional Gamers, and streamers by utilizing a crowd based stepped dispute resolution system upheld and voted on by viewers, shareholders, and the streaming company: Twitch or YouTube. To reach this goal, the proposal will include comparisons to the current dispute resolution system used by Twitch and YouTube; a proposed online dispute resolution system; diagrams of the proposal; key performance indexes (KPI’s); utilization of arbitral analytics with artificial intelligence to create a fair and balanced resolution system; and some predictions on the future of the industry …


Commercial Mediation In Mainland China: Pitfalls & Opportunities, Meng Chen Jun 2023

Commercial Mediation In Mainland China: Pitfalls & Opportunities, Meng Chen

Pepperdine Dispute Resolution Law Journal

This article offers insight into the practice of Chinese mediation, especially in resolving commercial disputes, considering the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) entered into force on September 12, 2020. First, this article evaluates the attractiveness, vulnerabilities, and popularity of mediation as a means of dispute resolution. The article then introduces the Chinese model of using mediation to resolve commercial disputes, specifically in judicial and arbitral proceedings. Based on empirical data and rules analysis, this article concludes with the benefits of using mediation in China to resolve disputes and exposes a discrepancy between …


Managing Multiplicity: Consolidating Parallel Arbitration Proceedings For Renewal Energy Disputes, Francesca Pinto Jun 2023

Managing Multiplicity: Consolidating Parallel Arbitration Proceedings For Renewal Energy Disputes, Francesca Pinto

Pepperdine Dispute Resolution Law Journal

The United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, considered the most widely used set of ad hoc rules in international arbitration, do not contain any provisions on consolidating parallel proceedings. Considering the complex, multiparty, and multiple-contract nature of renewable energy investment and development, the UNCITRAL Arbitration Rules should implement consolidation provisions that explicitly address consolidation for related arbitration proceedings and—in some circumstances—enforce consolidation regardless of whether all parties consent. Part II of this article provides an overview of transactions related to the investment, development, and operation of renewable energy projects. Part III identifies the risks of parallel …


Deterrence Defeats Doping: How Arbitration Can Resolve Major League Baseball's Performance-Enhancing Drug Problem, Brice Barnes Jun 2023

Deterrence Defeats Doping: How Arbitration Can Resolve Major League Baseball's Performance-Enhancing Drug Problem, Brice Barnes

Pepperdine Dispute Resolution Law Journal

This article analyzes MLB’s PED policy and proposes amending the policy by arbitrating the agreement to create one that further deters players from using PEDs. The remainder of this article is divided into five parts: Part II discusses the significance of the PED issue and why resolution is necessary; Part III discusses the history of PED use in baseball and the efforts by the League to address it; Part IV proposes the solution of arbitration and explains how the process might work; Part V addresses potential objections to that solution; and finally, Part VI concludes.


Arbitration—From Sacred Cow To Golden Calf: Three Phases In The History Of The Federal Arbitration Act, Katherine V.W. Stone Jun 2023

Arbitration—From Sacred Cow To Golden Calf: Three Phases In The History Of The Federal Arbitration Act, Katherine V.W. Stone

Pepperdine Dispute Resolution Law Journal

For the past twenty-five years, without much fanfare, arbitration law has remade the civil justice system in the United States. As now interpreted, the Federal Arbitration Act (the ‘FAA’) requires millions of consumers, workers, homeowners, credit card holders, rental car uses, hospital patients, and other ordinary people to forgo use of the courts to vindicate important rights. One development that has garnered particular attention is the tendency of corporations to include class action waivers in arbitration agreements, thereby preventing consumers and employees from aggregating small claims and litigating on a collective basis. While arbitration has become ubiquitous, it has also …


Reforming World Bank Dispute Resolution: Icsid In Context, Susan Franck Jun 2023

Reforming World Bank Dispute Resolution: Icsid In Context, Susan Franck

Michigan Journal of International Law

During a tumultuous moment in history with shifts in power and politics, international dispute settlement stands at a crossroads. In theory, international dispute settlement should not institutionalize abuses of power, rely upon a monolithic one-size-fits-all model, or be a waste of resources, which will inevitably generate stakeholder dissatisfaction. Rather, dispute resolution should reflect both a commitment to the rule of law and equal treatment that sustains nuanced, fair, and just procedures most likely to provide results of substantive quality. Against this backdrop and with the major reforms concluded in July 2022, this article explores the reality of dispute resolution at …


Judicial Review Of Teacher-School Board Grievance Arbitration: An Extended Empirical Analysis, Perry A. Zirkel Jun 2023

Judicial Review Of Teacher-School Board Grievance Arbitration: An Extended Empirical Analysis, Perry A. Zirkel

Arbitration Law Review

In recent years, the overall state law framework for teacher-school board collective bargaining has undergone limited revisions. The basic distribution has been that approximately two-thirds of the state laws authorize collective bargaining for public school teachers, with the remaining state laws either silent or prohibitive. During the past fifteen years, a few states have curtailed or eliminated their applicable laws, with the leading respective examples being Wisconsin and Tennessee, and at least one state, Virginia, shifting in favor of collective bargaining.

The courts have added few direct revisions. The Supreme Court’s ruling that agency shop provisions in public sector collective …


The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin Jun 2023

The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political …


When Sparks Fly Because Of Your Neighbour’S Independent Contractor: The Stricter-Liability Test Of Private Nuisance In Singapore – Pex International Pte Ltd V Lim Seng Chye And Another And Another Appeal [2020] 1 Slr 373, Samuel Hzi Xun Tay Jun 2023

When Sparks Fly Because Of Your Neighbour’S Independent Contractor: The Stricter-Liability Test Of Private Nuisance In Singapore – Pex International Pte Ltd V Lim Seng Chye And Another And Another Appeal [2020] 1 Slr 373, Samuel Hzi Xun Tay

Singapore Law Journal (Lexicon)

When your land has been damaged by your neighbour’s independent contractor, who should be held responsible—the contractor or your neighbour? Previously, it was considered by some to be difficult to pin liability on one’s neighbour. 1 This position was criticised for being unfair and unjust, especially in situations where one was unable to obtain recourse from the contractor.


What Cases Are To Be Heard By The Appellate Division And Why: Noor Azlin Bte Abdul Rahman And Another V Changi General Hospital Pte Ltd [2021] 2 Slr 440, Grace Jin Yi Nai Jun 2023

What Cases Are To Be Heard By The Appellate Division And Why: Noor Azlin Bte Abdul Rahman And Another V Changi General Hospital Pte Ltd [2021] 2 Slr 440, Grace Jin Yi Nai

Singapore Law Journal (Lexicon)

On 2 January 2021, certain statutory amendments came into effect: specifically, the Supreme Court of Judicature (Amendment) Act 2019 (Act 40 of 2019) (“SCJ(A)A”) which amended the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) (“SCJA”), and the Rules of Court (Amendment No. 5) Rules 2020 (“ROC(A)”) which amended the Rules of Court (Cap 322, R 5, 2014 Rev Ed) (“ROC”). These amendments had a significant impact on the court appellate system. For clarity, the pre-2 January versions of the legislation will be referred to as the “former SCJA” and “former ROC”, while the post-2 January versions will …


Single Crime, Dual Crime And Another? Expansion Of The Concept Of Joint Liability Under Section 34 Of The Penal Code – Public Prosecutor V Azlin Bte Arujunah And Other Appeals [2022] 2 Slr 825, Ting Xuan Jordan Chia, Natalia Mai Do Ngoc Jun 2023

Single Crime, Dual Crime And Another? Expansion Of The Concept Of Joint Liability Under Section 34 Of The Penal Code – Public Prosecutor V Azlin Bte Arujunah And Other Appeals [2022] 2 Slr 825, Ting Xuan Jordan Chia, Natalia Mai Do Ngoc

Singapore Law Journal (Lexicon)

It is well-understood that for most crimes to be established, the requirements of actus reus (the physical element) and mens rea (the mental element) need to be proven beyond a reasonable doubt. However, in situations involving joint offenders, if one of the offenders dealt the fatal blow, while the other offender acted as a lookout, can the other offender really be said to have the actus reus of the particular offence?


Taming Reflective Loss – Miao Weiguo V Tendcare Medical Group Holdings Pte Ltd [2022] 1 Slr 884, Pey Woan Lee Jun 2023

Taming Reflective Loss – Miao Weiguo V Tendcare Medical Group Holdings Pte Ltd [2022] 1 Slr 884, Pey Woan Lee

Singapore Law Journal (Lexicon)

At common law, the “no reflective loss” (“NRL”) principle bars a shareholder from bringing a personal action to recover any diminution in share value resulting from a wrong inflicted by a thirdparty wrongdoer on the company. Such reduction in value is not treated as the shareholder’s personal loss as it is a “mere reflection” of the company’s loss. And this is so even if the company does not seek to recover from the wrongdoer or settles with the wrongdoer for a sum well below its actual loss. Though endorsed by the highest courts, the NRL principle remains controversial by reason …


Executive Order 14036: Promoting Competition?, Holly E. Fredericksen Jun 2023

Executive Order 14036: Promoting Competition?, Holly E. Fredericksen

University of Richmond Law Review

Four million Americans left their jobs in July 2021. By the end of that month, the number of open jobs reached an all-time high: 10.9 million. Employees are walking out the door in record numbers as part of a trend so remarkable, we even gave it a name: the Great Resignation. With 4.3 million Americans quitting their jobs in January 2022 and 11.3 million job openings, the Great Resignation is only gaining momentum and showing no signs of slowing down.

And as a consequence of employees exiting in droves, employers are hurting. According to The Work Institute, turnover costs employers …


The Lack Of A Time Bar: An Injustice Within Unjust Enrichment Claims – Esben Finance Ltd And Others V Wong Hou-Lianq Neil [2022] 1 Slr 136, Jie Loong Tan Jun 2023

The Lack Of A Time Bar: An Injustice Within Unjust Enrichment Claims – Esben Finance Ltd And Others V Wong Hou-Lianq Neil [2022] 1 Slr 136, Jie Loong Tan

Singapore Law Journal (Lexicon)

Limitation periods refer to the period within which a claimant who has a right to claim against another person, i.e., the defendant, must begin court proceedings to establish that right. Once that period has passed, the defendant can no longer be sued on that particular action. This is to prevent the threat of an action from continually hanging over the defendant such that once the limitation period has passed, the defendant can be sure that the claimant is no longer able to sue.


The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta May 2023

The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta

Pepperdine Journal of Communication Research

Art is powerful, as it symbolizes the history and identity of the country that claims it. However, through timely transitions, such as trade and wars, the ownership of meaningful artworks blurs, with museums fighting to claim their heritage to put on honorable display for their people. Mediation can be a peaceful means to resolve art ownership disputes, as it accounts for respecting the individual cultures of the countries represented in the dispute. Using the key medication traits described within this essay, a prepared mediator involved in such a cross-cultural conflict should be able to help resolve the issue at hand. …


Limiting 28 U.S.C. § 1782: A Changed Landscape For Discovery In Private Commercial Arbitration Abroad, Jazmyne R. Barto May 2023

Limiting 28 U.S.C. § 1782: A Changed Landscape For Discovery In Private Commercial Arbitration Abroad, Jazmyne R. Barto

Brooklyn Journal of Corporate, Financial & Commercial Law

For decades 28 U.S.C. § 1782 has been used by foreign entities looking to compel discovery in the United States for use in commercial arbitration proceedings abroad. Despite the statute being in force since 1948, many federal courts were unsure of whether § 1782 could actually be used in international private commercial arbitration. The Supreme Court tried and failed to clarify the statute’s scope in 2004, leading to a circuit court split as to §1782’s applicability. Looking to end the controversy once and for all, during the Summer of 2022, the Supreme Court clearly stated that § 1782 might not …


Cjcr Publishes Volume 24, Issue 2 (Spring 2023), Halle Jaffe May 2023

Cjcr Publishes Volume 24, Issue 2 (Spring 2023), Halle Jaffe

CJCR Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 24, Issue 2 (Spring 2023). The print edition of the issue has also been released.

This post was originally published on the Cardozo Journal of Conflict Resolution website on May 10, 2023. The original post can be accessed via the Archived Link button above.


Using Odr Platforms To Level The Playing Field: Improving Pro Se Litigation Through Odr Design, J.J. Prescott May 2023

Using Odr Platforms To Level The Playing Field: Improving Pro Se Litigation Through Odr Design, J.J. Prescott

Law & Economics Working Papers

In a few short years, court-connected ODR has shown itself capable of dramatically improving access to justice by reducing or eliminating barriers rooted in the simple fact that courts have traditionally offered dispute resolution services only during certain hours, only in particular physical places, and primarily through traditional face-to-face proceedings. Given the monopoly that courthouses have long had on resolving many legal issues, too many Americans have discovered their rights are simply too difficult or costly to exercise. As court-connected ODR systems spread, offering new types of dispute resolution services everywhere and often at any time, people will soon find …


To Zoom Or Not To Zoom?: Mediators’ Perspectives On Virtual Mediation, Penina Gershbaum May 2023

To Zoom Or Not To Zoom?: Mediators’ Perspectives On Virtual Mediation, Penina Gershbaum

CJCR Blog

In mediation, conflicting parties meet with a mediator, a neutral party, to help them resolve their dispute. Mediations have traditionally been conducted in person, due to the importance of nonverbal communication in the mediation process. During Covid-19, however, states issued stay-at-home orders to prevent the spread of the virus. This mandate led to mediations conducted virtually through the use of videoconferencing platforms like Zoom. I interviewed ten mediators who mediate across different areas of law to hear their thoughts on the differences between mediating virtually and in person, difficulties with mediating virtually, and if they will return to in person …


Why The Political Peace Process Failed Between The Afghanistan Central Government And The Taliban And How Using Negotiation Could Help Resolve The Conflict, Ross Herman May 2023

Why The Political Peace Process Failed Between The Afghanistan Central Government And The Taliban And How Using Negotiation Could Help Resolve The Conflict, Ross Herman

CJCR Blog

The central government of Afghanistan and the Taliban reached a deadly stalemate, taking around one hundred lives a day from each side between 2018 and 2021. Their failure to reach a peace agreement may be due to the United States’ involvement and conflicting interests between the different Afghan groups.

This post was originally published on the Cardozo Journal of Conflict Resolution website on May 7, 2023. The original post can be accessed via the Archived Link button above.


California’S Proposed Ban On Mandatory Arbitration Agreements As A Condition Of Employment, Samuel Silverman May 2023

California’S Proposed Ban On Mandatory Arbitration Agreements As A Condition Of Employment, Samuel Silverman

CJCR Blog

California is casting uncertainty on the employer’s ability to implement mandatory arbitration agreements on employees. In October 2019, Governor Newson signed Assembly Bill No. 51, which would apply to employment contracts entered, modified, or extended on or after January 1, 2020. This bill created Labor Code Section 432.6, banning mandatory arbitration agreements as a condition of employment in California. This would work around the Federal Arbitration Act, which requires courts to enforce arbitration agreements, preempting the state laws that stood in its way. Critics argue that the process favors employers and discourages prospective employees from bringing legal claims. On the …


A Muddy Mess: The Supreme Court’S Jurisprudence On Jurisdiction For Arbitration Matters, Kristen M. Blankley May 2023

A Muddy Mess: The Supreme Court’S Jurisprudence On Jurisdiction For Arbitration Matters, Kristen M. Blankley

University of Miami Law Review

The Supreme Court’s 2022 Badgerow v. Waters decision at- tempts to create a bright-line rule regarding access to federal courts to hear arbitration matters. On its face, the Badgerow majority opinion reads like a straightforward exercise in textualism. Badgerow interpreted the judicial test for jurisdiction under the Federal Arbitration Act (“FAA”) provision regarding vacatur differently than it interpreted the jurisdictional test for a motion to compel under a different part of the statute. However, Badgerow leaves courts, which were already struggling to decipher the Supreme Court’s 2009 decision of Vaden v. Discover Bank, with a significant number of outstanding questions. …