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Journal

2022

Dispute Resolution and Arbitration

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Full-Text Articles in Law

Some Reflections On The “New Law Of The Sea”, Philippe Gautier Dec 2022

Some Reflections On The “New Law Of The Sea”, Philippe Gautier

International Law Studies

The fortieth anniversary of the opening for signature of the UN Convention on the Law of the Sea provides an opportunity to offer some reflections on the “new law of the sea”; that is, the comprehensive set of rules that was the result of an unprecedented multilateral negotiation process: the Third United Nations Conference on the Law of the Sea (1973–1982). The focus of this article is on the adjudication of sea-related disputes in the “new law of the sea.” In an international legal order where access to a judge or an arbitrator requires the consent of both parties to …


Rethinking Absolute Immunity From Defamation Suits In Private Quasi-Judicial Proceedings, Nat Stern Dec 2022

Rethinking Absolute Immunity From Defamation Suits In Private Quasi-Judicial Proceedings, Nat Stern

The University of New Hampshire Law Review

No abstract provided.


Arbitration In Securities Exchange Trading Contracts Concluded Between The Financial Intermediary And The Investor In Light Of The Uae Law, Ramzi Madi Dr., Samer Al-Maaytah Nov 2022

Arbitration In Securities Exchange Trading Contracts Concluded Between The Financial Intermediary And The Investor In Light Of The Uae Law, Ramzi Madi Dr., Samer Al-Maaytah

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

With the growing role of financial brokers in securities exchange trading operations in stock markets and their monopoly of buying and selling securities for the account of investors in the financial markets, this has led to the emergence of many disputes between financial brokers and their clients resulting from buying and selling orders for the purpose of concluding trading operations issued by the investor for financial intermediate.

Because of the technical nature of securities exchange trading operations, many countries have sought to find appropriate means to settle such disputes of a special nature, and found that arbitration is one of …


The Arbitration Of Interim Relief In Terms Of Comparative And Emirati Law, Prof. Sayed Mahmoud Ahmed, Mahmoud Fayyad Dr. Nov 2022

The Arbitration Of Interim Relief In Terms Of Comparative And Emirati Law, Prof. Sayed Mahmoud Ahmed, Mahmoud Fayyad Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The interim protection for legal rights is one of the methods of judicial protection that avoids the risk of delay in the implementation of the law and in providing objective protection for these rights and centers, as well as to preserve them from this risk by taking urgent, temporary or conservative measures by issuing judgments or orders. Therefore, the aim of this research is to answer the following questions: does the arbitrator have the right to consider interim requests to achieve this protection, and if yes what is the legal base of this authority? What are the authorities of the …


Settlement Of Disputes Arising From Documentary Credit Under National And International Regulations, Dr. Hoda Magdy Nour Nov 2022

Settlement Of Disputes Arising From Documentary Credit Under National And International Regulations, Dr. Hoda Magdy Nour

مجلة جامعة الإمارات للبحوث القانونية 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 …


The Specificity Of Resorting To Arbitration In Financial Leasing Contracts In Palestine: A Comparative Study, Banan Tantour Mss., Dr. Amir Khalil Nov 2022

The Specificity Of Resorting To Arbitration In Financial Leasing Contracts In Palestine: A Comparative Study, Banan Tantour Mss., Dr. Amir Khalil

UAEU Law Journal

This study addresses the commercial arbitration in the financial leasing contracts in Palestine, and the study discusses the possibility of arbitration clause in financial leasing contracts and the importance of these clauses in such contracts in Palestine.

The study concluded that the arbitration clause is permissible in the financial leasing contracts however; there are some aspects in which arbitration are not permitted according to the Palestinian Law. The study also recommends that, the Palestinian legislator has to amend some articles in the financial leasing Act in particular article 6 of the Act and he could adopt the institutional arbitration as …


Boba Fett, Bounty Hunters, And The Supreme Court’S Viking River Decision: A New Hope, Imre S. Szalai Oct 2022

Boba Fett, Bounty Hunters, And The Supreme Court’S Viking River Decision: A New Hope, Imre S. Szalai

Washington and Lee Law Review Online

The United States Supreme Court recently issued a fractured decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (June 15, 2022), a classic David v. Goliath clash between a worker and employer. Can arbitration agreements be used to eliminate group or representative actions brought against employers, where the plaintiff worker is serving as a bounty hunter for the State? Although the majority clearly holds that a worker’s individual claims must be sent to arbitration pursuant to a predispute arbitration agreement, the splintered opinions leave some uncertainty regarding what happens to the representative claims of the other …


Introduction To The Renaissance Woman Of Dispute Resolution: Carrie Menkel-Meadow’S Contributions To New Directions In Feminism, Ethics, And Adr, Nancy A. Welsh Oct 2022

Introduction To The Renaissance Woman Of Dispute Resolution: Carrie Menkel-Meadow’S Contributions To New Directions In Feminism, Ethics, And Adr, Nancy A. Welsh

Texas A&M Law Review

Introduction to Texas A&M Law Review's 2022 Symposium Issue


Feminist Legal Theory And #Metoo: Revisiting Tarana Burke’S Vision Of Empowerment Through Empathy, Penelope E. Andrews Oct 2022

Feminist Legal Theory And #Metoo: Revisiting Tarana Burke’S Vision Of Empowerment Through Empathy, Penelope E. Andrews

Texas A&M Law Review

It is my purpose to ground this Article in ubuntu and the politics of radical love as applied to the goals of #MeToo and its pursuit of redress for victims of sexual harms. Part II explores the convergences and divergences of #MeToo with feminist campaigns of an earlier era. Part III questions whether a renewed quest for gender equality, largely spawned by a Twitter/social media campaign, may lead to sustainable change built on notions of empathy and restorative justice, which was the vision espoused by Carrie in her work and which influenced Tarana Burke when she founded #MeToo. Part IV …


Process Pluralism In The Post-Covid Dispute Resolution Landscape, Orna Rabinovich-Einy Oct 2022

Process Pluralism In The Post-Covid Dispute Resolution Landscape, Orna Rabinovich-Einy

Texas A&M Law Review

Among her numerous contributions as a founder of the field, Professor Menkel-Meadow coined and developed the term “process pluralism,” one of the most influential concepts in the dispute resolution arena. Process pluralism serves both as a descriptive lens in observing the dispute resolution landscape and as a normative prism through which various procedural schemes can be evaluated and procedural reform can be devised.

In the last few years process pluralism has gained new meaning as diversity in procedural avenues increasingly encompassed a broader range of mediums. Initially, such additional procedural choices existed mainly in written asynchronous form, but with the …


Choices: The Many Routes To Justice And Peace With Dispute Resolution, Ethics, And Feminism, Carrie Menkel-Meadow Oct 2022

Choices: The Many Routes To Justice And Peace With Dispute Resolution, Ethics, And Feminism, Carrie Menkel-Meadow

Texas A&M Law Review

As Yogi Berra once said, “When you come to a fork in the road. . . . take it[!]” Our lives present us all with choices—personal and professional. My professional life has been filled with efforts to create more choices of process and ethical and political commitments to seek a more just world. I began as a poverty and civil rights lawyer and sought effective and creative ways to solve problems, notably when court-based solutions were too “brittle” and binary and did not solve the underlying problem. I have looked at legal problem solving through the lens of interdisciplinary approaches …


The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide, Lela Porter Love Oct 2022

The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide, Lela Porter Love

Texas A&M Law Review

Carrie Menkel-Meadow (sometimes referred to as “Carrie” herein) is famous in the dispute resolution world as one of the field’s founders. Her prolific writing on dispute resolution—negotiation, mediation, arbitration, and the variants of these major processes—evidences an unrivaled passion for the subject. A renaissance thinker, her intellectual explorations also extend to other areas such as women’s rights and restorative justice for victims of egregious wrongs.

Her multiple passions sometimes create dynamic tensions. For example, what happens if mediation norms threaten a woman’s rights? Or if mediators divert the focus of a dispute resolution process to the future, neglecting a horrific …


Carrie Menkel-Meadow: Leading Us Toward Justice And Peace, Jean R. Sternlight Oct 2022

Carrie Menkel-Meadow: Leading Us Toward Justice And Peace, Jean R. Sternlight

Texas A&M Law Review

This Essay explores how Carrie Menkel-Meadow’s life and work have both highlighted the path of “And”—showing and explaining that it is not only possible but also desirable to seek justice as well as peace, to be both activist and neutral. Of course, tensions will remain. Regarding particular issues in specific moments we all must decide which path we can and should take. Which activism is best, and which goes too far? With whom can we or should we negotiate, and when should we instead say, “I can’t negotiate with this person or group”? When should we talk and listen, and …


It’S In The “Telling” (By Asking): A Passover Analogy To Explain The Enduring Foundational Nature Of Carrie Menkel-Meadow’S Dispute Resolution Scholarship, James R. Coben Oct 2022

It’S In The “Telling” (By Asking): A Passover Analogy To Explain The Enduring Foundational Nature Of Carrie Menkel-Meadow’S Dispute Resolution Scholarship, James R. Coben

Texas A&M Law Review

One true measure of whether ideas are “foundational” is whether they will resonate with future generations. Judaism, one of the world’s oldest religions, offers an annual ritual—the Passover Seder—that exemplifies success in passing down foundational ideas. That ritual, among other things, posits that to tell an enduring story, it must be told in ways that inspire many different kinds of people—with widely disparate motivations, perspectives, and abilities—to engage with, relate to, and understand the story. This Essay asserts that Carrie Menkel-Meadow’s dispute resolution scholarship is very much a successful “telling” with many characteristics remarkably similar to the Passover Seder. And …


Carrie Menkel-Meadow: Dispute Resolution In A Feminist Voice, Andrea Kupfer Schneider Oct 2022

Carrie Menkel-Meadow: Dispute Resolution In A Feminist Voice, Andrea Kupfer Schneider

Texas A&M Law Review

The presence of women in the law has changed the law’s substance, practice, and process. Carrie Menkel-Meadow, whose scholarship centers on this theme, is one such revolutionary woman.

Professor Menkel-Meadow, who I am proud to call my colleague, co-author, and friend (hereinafter referred to as Carrie), began her career in 1977 with a series of simple questions that sparked a breathtaking body of work. Carrie probed the depth of male domination in the realm of law and wondered what changes female representation might engender. In particular, she focused her inquiry on the value orientation each respective gender might bring to …


Pluralistic Professionalisms: Religious Identity, Excluded Voice, And A Toolkit For The Periphery, Swethaa S. Ballakrishnen Oct 2022

Pluralistic Professionalisms: Religious Identity, Excluded Voice, And A Toolkit For The Periphery, Swethaa S. Ballakrishnen

Texas A&M Law Review

Assimilation of new entrants into the legal profession has been a signature strain of Carrie Menkel-Meadow’s research. Even if the empirical particularities have since evolved, her pathbreaking research on women lawyers and gendered lawyering processes remain prime examples of socio-legal work on lawyers with important theoretical extensions. For example, in Portia in a Different Voice, her now classic piece from 1985, Menkel-Meadow analyzes how numbers alone are insufficient indicia of feminization within the legal profession. Beyond the description of the state of the legal profession at the time of writing, her argument that we should pay attention to what lawyers …


Appendix To “The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide”, Lela Porter Love Oct 2022

Appendix To “The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide”, Lela Porter Love

Texas A&M Law Review

Appendix to “The Amazing Carrie Menkel-Meadow and What Wins When Passions Collide”


Ethical Negotiation And Postcapitalist Politics: An Essay For Carrie, Amy J. Cohen Oct 2022

Ethical Negotiation And Postcapitalist Politics: An Essay For Carrie, Amy J. Cohen

Texas A&M Law Review

In a 1983 article, Legal Negotiation: A Study of Strategies in Search of a Theory, Carrie Menkel-Meadow took stock of what was motivating a diverse range of scholars to want to reimagine negotiation theory. She described these negotiation scholars as shaped by the exigencies of their own political moments. Some were lawyers concerned about too much litigation of an unsatisfying quality. Many, however, were concerned more broadly about “the general level of hostility in the world,” even haunted by the possibility that nuclear weapons could destroy all of humanity. Negotiation scholars included “[e]conomists and game theorists . . . concerned …


Most Favoured Nation Clause: Unleashing Its Legal Potential In Favour Of Foreign Investors In Renewable Energy Sector, Mohammad Akefi Ghaziani, Vahid Akefi Ghaziani, Moosa Akefi Ghaziani Dr. Aug 2022

Most Favoured Nation Clause: Unleashing Its Legal Potential In Favour Of Foreign Investors In Renewable Energy Sector, Mohammad Akefi Ghaziani, Vahid Akefi Ghaziani, Moosa Akefi Ghaziani Dr.

Indonesia Law Review

International Investment Law and other international legal systems, such as trade law and environmental law have interactions and dynamic interrelationships in meeting global challenges including energy security, climate change, and the need for the renewable energy transition. They help in delivering the principles of justice in the context of changing global values and legal practices. Accordingly, they have a potential share in the global climate change mitigation agenda through innovative policies and regulations, inter alia, to facilitate and promote foreign investment and trade in the renewable energy sector. Similarly, these systems have common principles in their respective agreements. The Most-Favoured …


The Non-Applications Of Good Faith, Trust, And Confidentiality In Arbitration: A Study Of The Annulment Cases In Indonesia, Anangga W. Roosdiono, Muhamad Dzadit Taqwa, Mayta Ciara Salsabila Aug 2022

The Non-Applications Of Good Faith, Trust, And Confidentiality In Arbitration: A Study Of The Annulment Cases In Indonesia, Anangga W. Roosdiono, Muhamad Dzadit Taqwa, Mayta Ciara Salsabila

Indonesia Law Review

Arbitration is a dispute resolution method that is chosen by the parties for, mainly, avoiding weaknesses of resolving disputes through the general court. It has three principles, that strongly connect to one another, to hold: good faith, trust, and confidentiality. These principles determine whether a dispute resolution through arbitration will be successful. However, in many - if not all - cases, many disputing parties still do not maintain these principles. This reality can be observed in annulment cases. Although the annulment mechanism renders a protection to the parties from the errors made by intention, this mechanism opens an opportunity for …


Brian Flores's Employment Discrimination Lawsuit Against The Nfl: A Game Changer Or Business As Usual?, Michael Conklin, Jennifer Barger-Johnson, Marty Ludlum Aug 2022

Brian Flores's Employment Discrimination Lawsuit Against The Nfl: A Game Changer Or Business As Usual?, Michael Conklin, Jennifer Barger-Johnson, Marty Ludlum

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Novelty In Terms Of Jurisdiction And Procedural System For The Enforcement Of Foreign Arbitration Awards In The United Arab Emirates, Prof. Sayed Mahmoud Ahmed, Dr. Mudhafar Jaber Al-Rawi Aug 2022

The Novelty In Terms Of Jurisdiction And Procedural System For The Enforcement Of Foreign Arbitration Awards In The United Arab Emirates, Prof. Sayed Mahmoud Ahmed, Dr. Mudhafar Jaber Al-Rawi

UAEU Law Journal

يجسد التنفيذ الاختياري والجبري غاية طلب التحكيم لكل من يحصل على حكم يحقق المراد من الدعوى التحكيمية. وفي نطاق أحكام التحكيم الأجنبية، فإن الترخيص بدون شروط أو قيود وطنية لتنفيذ أحكام التحكيم الأجنبية يؤدي إلى المساس بسيادة الدولة على إقليمها، لذا أصبح الأمر بالتنفيذ هو الأداة الرقابية القضائية التي يفرضها المشرع الوطني على إرادة الأطراف، فهي رقابة لاحقة على صدور حكم التحكيم – الوطني أو الدولي أو الأجنبي -حين يراد تنفيذه. ونظراً لتباين التشريعات الدولية والوطنية في شروط وإجراءات تنفيذ الاحكام التحكيمية الأجنبية فإن مشكلة الدراسة تكمن في معرفة أي النصوص الواجبة التطبيق لتقدير مدى توافر اختصاص وإجراءات استصدار الأمر …


International Arbitration, Sujey Herrera, Marcus Quintanilla, Martine Forneret, Emily Scherker, Jeffrey Rosenthal, James A. Egerton-Vernon, Richard Deutsch, Ranjan Agarwal, Félix Poggio, Rafael Pereyra Zorraquin, Joyce Fong, Dan Perera, Rong Gu, Helen Tang, Weina Ye, Timur Ibrahim Sen, Andrew White, Jayesh H, Dawn Yamane Hewett, Julianne Jaquith, Chelsea Pollard, Ibrahim Sattout, Adnan Gaafar, Myriam Khedair, James Boykin, Stijn Winters, Amanda Lee, Peter Ashford, Sabrina Janzik, Christina Nitsche, Gerard Meijer, Valerie Verberne, Markian Malskyy, Oksana Karel, Daryna Hrebeniuk, Keara A. Bergin, Christopher P. Denicola Aug 2022

International Arbitration, Sujey Herrera, Marcus Quintanilla, Martine Forneret, Emily Scherker, Jeffrey Rosenthal, James A. Egerton-Vernon, Richard Deutsch, Ranjan Agarwal, Félix Poggio, Rafael Pereyra Zorraquin, Joyce Fong, Dan Perera, Rong Gu, Helen Tang, Weina Ye, Timur Ibrahim Sen, Andrew White, Jayesh H, Dawn Yamane Hewett, Julianne Jaquith, Chelsea Pollard, Ibrahim Sattout, Adnan Gaafar, Myriam Khedair, James Boykin, Stijn Winters, Amanda Lee, Peter Ashford, Sabrina Janzik, Christina Nitsche, Gerard Meijer, Valerie Verberne, Markian Malskyy, Oksana Karel, Daryna Hrebeniuk, Keara A. Bergin, Christopher P. Denicola

The Year in Review

No abstract provided.


Litigating Terror In The Sinai After The Egyptian Spring Revolution: Should States Be Liable To Foreign Investors For Failure To Prevent Terrorist Attacks?, Robert Howse, Amin R. Yacoub Aug 2022

Litigating Terror In The Sinai After The Egyptian Spring Revolution: Should States Be Liable To Foreign Investors For Failure To Prevent Terrorist Attacks?, Robert Howse, Amin R. Yacoub

Michigan Journal of International Law

The ambiguity of the due diligence standard of the Full Protection and Security obligation in investment treaties persists to this day. A recent ICSID tribunal found a developing state liable for breaching the Full Protection and Security obligation due to its inability to protect a foreign investment against terrorist attacks in a remote deserted area. In this article, we analytically criticize the Ampal v. Egypt arbitral award against the comprehensive factual matrix behind the case. Based on our criticism of Ampal, we argue that developing states should not be liable for failing to prevent or stop terrorist attacks under the …


Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman Jul 2022

Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman

The Journal of Social Encounters

No abstract provided.


Theorizing Responsibility In The Investor State Dispute Resolution System, Kristen Boon Jul 2022

Theorizing Responsibility In The Investor State Dispute Resolution System, Kristen Boon

St. John's Law Review

(Excerpt)

The Investor-State Dispute System (“ISDS”) permits investors to sue states when their investments are injured. The system was designed to protect investors and impose responsibilities on states; it is uncontroversial to say that the ISDS system is one-sided. But a chorus of voices is now asking: should investors have responsibilities too? The narrative is one of injustice, driven by the perception that states have signed on to a system that has left them with large financial exposure to investors. This viewpoint has been reinforced, in the eyes of some, by the influence of big business, and by state losses …


Keterlambatan Pemberitahuan Akuisisi Pada Perusahaan Yang Terafiliasi Ditinjau Dari Hukum Persaingan Usaha Di Indonesia (Studi Putusan Komisi Pengawas Persaingan Usaha (Kppu) No. 27/Kppu-M/2019), Rahmad Hidayat Jul 2022

Keterlambatan Pemberitahuan Akuisisi Pada Perusahaan Yang Terafiliasi Ditinjau Dari Hukum Persaingan Usaha Di Indonesia (Studi Putusan Komisi Pengawas Persaingan Usaha (Kppu) No. 27/Kppu-M/2019), Rahmad Hidayat

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Whether we realize it or not, business competition between business actors in the relevant market will more or less be affected by the acquisition. Acquisition in business competition has a close relationship with abuse of dominant position in the market which can lead to monopolistic practices and unfair business competition. If the Acquisition is carried out to hinder business competition and the economy, then it is contrary to Article 29 of Law no. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. Therefore, the Acquisition should be investigated further to ascertain the extent to which …


Description Jul 2022

Description

Journal of Dispute Resolution

No abstract provided.


Table Of Contents Jul 2022

Table Of Contents

Journal of Dispute Resolution

No abstract provided.


Appraisal Of The Success Of The Instruments Of International Commercial Arbitration Vis-À-Vis International Commercial Litigations And Mediation In The Harmonization Of The Rules Of Transnational Commercial Dispute Resolution, Samuel Maireg Biresaw Jul 2022

Appraisal Of The Success Of The Instruments Of International Commercial Arbitration Vis-À-Vis International Commercial Litigations And Mediation In The Harmonization Of The Rules Of Transnational Commercial Dispute Resolution, Samuel Maireg Biresaw

Journal of Dispute Resolution

This article compares the major instruments of International Commercial Arbitration (hereinafter ‘ICA’) with the instruments of International Commercial Litigation and Mediation. By so doing, the article comparatively assesses the success of ICA, litigation, and mediation as alternative mechanisms of transnational commercial dispute resolution. Accordingly, the article argues that, while the ICA is not the only means of transnational commercial dispute resolution, it will continue to be the most successful means of dispute resolution, playing the dominant role in harmonizing the rules of transnational commercial dispute resolution. However, the article also argues that, over time, transnational commercial litigation and mediation are …