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Articles 1 - 30 of 35
Full-Text Articles in Law
Pendanaan Pihak Ketiga (Third Party Funding) Dalam Penyelesaian Sengketa Melalui Arbitrase Dan Kemungkinan Penerapannya Di Indonesia, Carissa T.A. Temenggung, Yetty Komalasari Dewi
Pendanaan Pihak Ketiga (Third Party Funding) Dalam Penyelesaian Sengketa Melalui Arbitrase Dan Kemungkinan Penerapannya Di Indonesia, Carissa T.A. Temenggung, Yetty Komalasari Dewi
Jurnal Hukum & Pembangunan
The Third Party Funding (TPF) concept is an alternative method of funding usually applies in the dispute resolution process. Recently, the TPF concept has often been used in the process of resolving international arbitration disputes, both commercial and investment. This paper analyses the TPF concept and practices in several states, and its possible application in Indonesia. In particular, this paper discusses efforts made to regulate the TPF both in national law of several jurisdictions and in the international level, key issues within TPF in relation to the arbitration dispute resolution, and the TPF key provisions to be considered should Indonesia …
Alternatif Penyelesaian Sengketa Ekonomi Syariah Melalui Badan Arbitrase Syariah Nasional Dan Lembaga Alternatif Penyelesaian Sengketa Dalam Prospek Perkembangan Ekonomi Syariah Di Indonesia, Baiq Inti Dhena Sinayang
Alternatif Penyelesaian Sengketa Ekonomi Syariah Melalui Badan Arbitrase Syariah Nasional Dan Lembaga Alternatif Penyelesaian Sengketa Dalam Prospek Perkembangan Ekonomi Syariah Di Indonesia, Baiq Inti Dhena Sinayang
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The increasing number of sharia economic disputes as a result of sharia economic development causes alternative dispute resolution to be an option in resolving sharia disputes. Basyarnas and LAPS-OJK are sharia economic dispute resolution forums outside of litigation. From the results of the research, it is known that the National Basyarnas need to be strengthened against the implications of the unregistered Basyarnas in the LAPS-POJK list after the issuance of POJK No. 61 of 2020 jo. POJK No. 1 of 20014 concerning LAPS in the financial services sector. The mechanism for dispute resolution procedures at Basyarnas starts from the request …
Genealogy Sites And Adoptions–Connecting Families Or Ruining Them?, Taylor Bialek
Genealogy Sites And Adoptions–Connecting Families Or Ruining Them?, Taylor Bialek
Touro Law Review
No abstract provided.
Investment Court System (Ics) Sebagai Alternatif Baru Investor-State Dispute Settlement (Isds)
Investment Court System (Ics) Sebagai Alternatif Baru Investor-State Dispute Settlement (Isds)
"Dharmasisya” Jurnal Program Magister Hukum FHUI
One form of the impacts of economic globalization is the growing investment internationally. This is indicated by the increasing number of international agreements such as free trade agreements, multilateral investment agreements, bilateral investment agreements, and so on. Due to the developing of investments globally, a mechanism on international investment dispute resolution is certainly needed, but because of there is no international treaty on investment dispute settlement, then there is also no international investment court. So procedurally, the arbitration tribunals follow the established arbitration rules. Investor-State Dispute Settlement (ISDS) is a treaty-based dispute resolution mechanism that found in many international investment …
From The Frontlines Of The Modern Movement To End Forced Arbitration And Restore Jury Rights, F. Paul Bland, Myriam Gilles, Tanuja Gupta
From The Frontlines Of The Modern Movement To End Forced Arbitration And Restore Jury Rights, F. Paul Bland, Myriam Gilles, Tanuja Gupta
Chicago-Kent Law Review
No abstract provided.
National Labor Relations Board V. Murphy Oil Usa, Inc.: A Test Of Might, Elizabeth Storey
National Labor Relations Board V. Murphy Oil Usa, Inc.: A Test Of Might, Elizabeth Storey
Duke Journal of Constitutional Law & Public Policy Sidebar
National Labor Relations Board v. Murphy Oil USA pits two co-equal federal statutes head-to-head. The Federal Arbitration Act mandates that all arbitration clauses be enforced. The National Labor Relations Act grants employees the right to act collectively to bring claims against employers. The Supreme Court must decide whether arbitration clauses in employment contracts, which require employees to arbitrate work-related disputes on an individual basis, contravene the interests of the NLRA. This commentary argues that the Supreme Court should recognize how these arbitration clauses undermine and subvert the protections of the NLRA by disallowing employees to act collectively. By invoking the …
Trending @ Rwu Law: Dean Yelnosky's Post: 24: Dean Style 3-6-2017, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: 24: Dean Style 3-6-2017, Michael Yelnosky
Law School Blogs
No abstract provided.
Newsroom: Can Court 'Restore Fundamental Liberties'? 03-23-2016, Sheldon Whitehouse, David A. Logan
Newsroom: Can Court 'Restore Fundamental Liberties'? 03-23-2016, Sheldon Whitehouse, David A. Logan
Life of the Law School (1993- )
No abstract provided.
A Constitutional Right To Discovery? Creating And Reinforcing Due Process Norms Through The Procedural Laboratory Of Arbitration, Imre Stephen Szalai
A Constitutional Right To Discovery? Creating And Reinforcing Due Process Norms Through The Procedural Laboratory Of Arbitration, Imre Stephen Szalai
Pepperdine Dispute Resolution Law Journal
This article explores an overlooked dynamic between arbitration and the more formal court system. As developed in more detail below, this article's thesis is that arbitration can help define and reinforce due process norms applicable in court, and a due process-like norm regarding discovery is beginning to develop. Courts often review arbitration agreements for fairness, and through this judicial review, courts have developed a body of law discussing and defining whether certain procedures (or the lack thereof) violate fairness norms in connection with the resolution of a particular dispute. Through this body of law exploring procedural fairness, one can identify …
Arbitration Revisited: Preemption Of California’S Unconscionability Doctrine After Concepcion, David Friedman
Arbitration Revisited: Preemption Of California’S Unconscionability Doctrine After Concepcion, David Friedman
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary looks at a Supreme Court case, Imburgia v. DIRECTV, in which the Court faces the question of whether an arbitration agreement, made pursuant to the Federal Arbitration Act, preempts state unconscionability doctrine which would render that agreement unenforceable. The Author argues that holding that federal law implementing a policy favoring arbitration fully preempts state law doctrines from preventing the enforcement of arbitration agreements.
“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty
“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty
Pepperdine Law Review
At the beginning of 2014, about a dozen states introduced or re-introduced bills to ban the use of Sharī’ah law. They hope to join the seven states that have ostensibly banned it to date. Anti-Sharī’ah advocates have cited a number of cases to back their tenuous claim that Sharī’ah is stealthily sneaking in through the doctrine of comity, but a close examination of the cases they cite contradicts their claim. Comity, when one court defers to the jurisdiction of another, has been accepted and denied based on legal principles and public policy, on a case-by-case basis. There is no creeping …
Justicia Restaurativa Y Mediación Comunitaria. Emergencia De Un Nuevo Paradigma De Impartición De Justicia, Teresa M. G. Da Cunha Lopes, Diana Leticia Serrano Andrés
Justicia Restaurativa Y Mediación Comunitaria. Emergencia De Un Nuevo Paradigma De Impartición De Justicia, Teresa M. G. Da Cunha Lopes, Diana Leticia Serrano Andrés
Teresa M. G. Da Cunha Lopes
Restorative justice is a systemic response to crime that emphasizes repairing the harm caused by the criminal behavior . The new paradigm called "Restorative Justice" has had significant impact, as it meant to be the answer to many victims seeking a prompt impartation of justice , fair and efficient, In addition , the victims to feel heard and participate in the process aimed at healing. The term "Restorative Justice" was first coined in 1977 by Albert Eglash that distinguished three types of criminal justice: retributive, distributive and restorative. In this article we analyze the emergence of a new paradigm, and …
Secret Arbitration Or Civil Litigation?: An Analysis Of The Delaware Arbitration Program, Jores Kharatian
Secret Arbitration Or Civil Litigation?: An Analysis Of The Delaware Arbitration Program, Jores Kharatian
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Delaware Arbitration Experiment: Not Just A “Secret Court”, Jessica Tyndall
The Delaware Arbitration Experiment: Not Just A “Secret Court”, Jessica Tyndall
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Delaware's Closed Door Arbitration: What The Future Holds For Large Business Disputes And How It Will Affect M&A Deals, Myron T. Steele, Thomas J. Stipanowich, Robert Anderson, James R. Griffin, Katherine Blair, Monica Shilling
Delaware's Closed Door Arbitration: What The Future Holds For Large Business Disputes And How It Will Affect M&A Deals, Myron T. Steele, Thomas J. Stipanowich, Robert Anderson, James R. Griffin, Katherine Blair, Monica Shilling
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program , Thomas J. Stipanowich
In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program , Thomas J. Stipanowich
The Journal of Business, Entrepreneurship & the Law
The Delaware Arbitration Program established a procedure by which businesses can agree to have their disputes heard in an arbitration proceeding before a sitting judge of the state’s highly regarded Chancery Court. The Program arguably offers a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy. It also may enhance the reputation of Delaware as the forum of choice for businesses. But the Program’s ambitious intermingling of public and private forums brings into play the longstanding tug-of-war between the traditional view of court …
Beit Din's Gap-Filling Function: Using Beit Din To Protect Your Client, Michael A. Helfand
Beit Din's Gap-Filling Function: Using Beit Din To Protect Your Client, Michael A. Helfand
Michael A Helfand
This article considers how rabbinical courts play an important gap-filling role by providing parties with a forum to adjudicate a subset of religious disputes that could not be resolved in court. Under current constitutional doctrine, civil courts cannot adjudicate disputes that turn on religious doctrine and practice. By contrast, rabbinical courts can resolve such disputes--and the decisions of rabbinical courts can then be enforced by civil courts even as those same civil courts could not resolve the dispute in the first instance. In this way, rabbinical courts--like other religious arbitration tribunals--fill a void created by constitutional law, ensuring that parties …
Constitutional Conundrums In Arbitration: Book Review Of Arbitration And The Constitution, S. I. Strong
Constitutional Conundrums In Arbitration: Book Review Of Arbitration And The Constitution, S. I. Strong
Faculty Publications
The combination of arbitration and constitutional law is the topic of Professor Peter Rutledge's new book, and the focus of this review essay, which will consider, among other things, whether these two subjects are compatible.
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
Managed Care Grievance Procedures: The Dilemma And The Cure , Joyce Krutick Craig
Managed Care Grievance Procedures: The Dilemma And The Cure , Joyce Krutick Craig
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Beyond The Self-Execution Analysis: Rationalizing Constitutional, Treaty And Statutory Interpretation In International Commercial Arbitration, S. I. Strong
Faculty Publications
International commercial arbitration has long been considered one of the paradigmatic forms of private international law and has achieved a degree of legitimacy that is virtually unparalleled in the international realm. However, significant questions have recently begun to arise about the device’s public international attributes, stemming largely from a circuit split regarding the nature of the New York Convention, the leading treaty in the field, and Chapter 2 of the Federal Arbitration Act, which helps give effect to the Convention in the United States. Efforts have been made to place the debate about the New York Convention within the context …
A Review Of The Proposed Amendments To Be Made To S 216a Of The Companies Act, Linus Koh
A Review Of The Proposed Amendments To Be Made To S 216a Of The Companies Act, Linus Koh
Linus Koh
No abstract provided.
Business Interest Cases – October 2009 Term, Leon D. Lazer, Leon Friedman
Business Interest Cases – October 2009 Term, Leon D. Lazer, Leon Friedman
Scholarly Works
No abstract provided.
International Rule Of Law And Constitutional Justice In International Investment Law And Arbitration, Ernst-Ulrich Petersmann
International Rule Of Law And Constitutional Justice In International Investment Law And Arbitration, Ernst-Ulrich Petersmann
Indiana Journal of Global Legal Studies
Judicial administration of justice through reasoned interpretation, application and clarification of legal principles and rules is among the oldest paradigms of constitutional justice. The principles of procedural justice underlying investor-state arbitration remain controversial, especially if confidentiality and party autonomy governing commercial arbitration risk neglecting adversely affected third parties and public interests. There are also concerns that rule-following and formal equality of foreign investors and home states may not ensure substantive justice in the settlement of investment disputes unless arbitrators and courts take more seriously their customary law obligation of settling disputes in conformity with human rights obligations of governments and …
Arbitration And Article Iii, Peter B. Rutledge
Arbitration And Article Iii, Peter B. Rutledge
Scholarly Works
Does arbitration violate Article III? Despite the critical need for a coherent theory to answer this question, few commentators or courts have made serious attempts to provide one. For much of the country's history, federal courts conveniently could avoid this nettlesome question. Prior to the twentieth century, courts simply declined to enforce pre-dispute arbitration agreements as unenforceable attempts to appropriate their jurisdiction. From the early decades of the twentieth century (with the enactment of the Federal Arbitration Act (“FAA”) in 1925) through the 1960s, the non-arbitrability doctrine prevented arbitrators from resolving issues of federal statutory law. Notably, while both of …
In Defense Of Mandatory Arbitration (If Imposed On The Company), Jean R. Sternlight
In Defense Of Mandatory Arbitration (If Imposed On The Company), Jean R. Sternlight
Scholarly Works
Having spent much of her academic life battling companies' mandatory imposition of binding arbitration on consumers and employees, the author now switches gears. This Article contemplates whether mandatory binding arbitration is acceptable if imposed by the government on companies (governmental mandatory arbitration) rather than by companies on their employees and consumers (private mandatory arbitration). Specifically, the Article considers the possibility of statutes that would provide little guys (consumers and employees) with an opportunity to take their disputes to binding arbitration rather than litigation. If the little guys chose arbitration over litigation, post-dispute, companies would have to agree to such arbitration, …
Democracy And Dispute Resolution: The Problem Of Arbitration, Richard C. Reuben
Democracy And Dispute Resolution: The Problem Of Arbitration, Richard C. Reuben
Faculty Publications
Scholars have approached arbitration, especially under the Federal Arbitration Act, from a variety of perspectives, including doctrinal, historical, empirical, and practical. One aspect that has not yet been fully considered, however, is the relationship between arbitration and constitutional democracy. Yet, as a dispute-resolution process that is often sanctioned by the government, that sometimes inextricably intertwines governmental and private conduct, and that derives its legitimacy from the government, it is appropriate--indeed, our responsibility--to ask whether arbitration furthers the goals of democratic governance. It is only sensible that state-supported dispute resolution in a democracy should strengthen, rather than diminish, democratic governance and …
Confidentiality's Constitutionality: The Incursion On Judicial Powers To Regulate Parties In Court-Connected Mediation, Maureen A. Weston Prof.
Confidentiality's Constitutionality: The Incursion On Judicial Powers To Regulate Parties In Court-Connected Mediation, Maureen A. Weston Prof.
Maureen A Weston
This Article explores the interplay between mediation confidentiality legislation and judicial powers to regulate participant conduct in the pretrial process. Part II describes the role of the court in monitoring parties' conduct in distinct settlement-related processes, such as private settlement negotiations, judicial settlement conferences, court-connected arbitration, and court-connected mediation, as well as the corresponding but varied confidentiality protection accorded these processes. Part III examines judicial decisions analyzing the tension between mediation confidentiality and judicial power to monitor and sanction misconduct in a settlement or court-connected mediation setting, specifically comparing the approach used by the California Supreme Court in Foxgate Homeowners’ …
Gateway Widens Doorway To Imposing Unfair Binding Arbitration On Consumers, Jean R. Sternlight
Gateway Widens Doorway To Imposing Unfair Binding Arbitration On Consumers, Jean R. Sternlight
Scholarly Works
Hill v. Gateway, is but the most extreme example of a series of court decisions that allow large companies to impose potentially unfair binding arbitration agreements on unwitting consumers. The outcome in Gateway, however, is questionable on federal statutory, common law, and constitutional grounds.
Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight
Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight
Scholarly Works
Courts and commentators have typically assumed that binding arbitration is both private and consensual, and that it therefore raises no constitutional concerns. This Article challenges both assumptions and goes on to consider arguments that arbitration agreements may unconstitutionally deprive persons of their right to a jury trial, to a judge, and to due process of law. The author argues first that courts' interpretation of seemingly private arbitration agreements may often give rise to "state action," particularly where courts have used a "preference favoring arbitration over litigation" to construe a contract in a non-neutral fashion. The author next draws on the …