Dispute Resolution and Arbitration Commons^™

Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski

Brooklyn Journal of International Law

As the world has transitioned from national; isolated economies with localized issues into a globalized and interconnected economy with cross-border disputes; the law has struggled to keep up. Recent trade negotiations have highlighted the difficulty states face in promoting trade; while also creating a fair; accessible; and equitable forum for producers and consumers with nationalities touching every area of the globe. For several decades; Investor-State Dispute Settlement (ISDS) has been in place to address claims brought by foreign investors against the host states. External improvements have helped support foreign direct investment and the ISDS model of dispute resolution; such as …

Protecting Against Protectionism: Commisa V. Pemex, Victoria Aynne Barker

Georgia Journal of International & Comparative Law

No abstract provided.

Keynote Address To The Atlas Conference: “International Business Disputes In An Era Of Receding Globalism”, Lord Peter H. Goldsmith Qc, Pc

Georgia State University Law Review

This is a transcript of the luncheon keynote address by Lord Peter Goldsmith at the Sixth Annual Conference of the Atlanta International Arbitration Society (AtlAS) on October 23, 2017.

Lord Peter Goldsmith QC, PC, is London Co-Managing Partner and Chair of European and Asian Litigation at Debevoise & Plimpton LLP. He joined the firm after serving as the UK’s Attorney General from 2001-2007, prior to which he was in private practice as one of the leading barristers in London.

Lord Goldsmith has a long practice in arbitration and in the interface between arbitration and litigation. He appears as counsel for …

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Arbitration In Saudi Arabia: The Reform Of Law And Practice, Saleh Mubarak Bin Abbadi

SJD Dissertations

Arbitration, as a modern Western form of dispute resolution, has become an important feature of international commercial transactions and contracts. Saudi Arabia ratified the New York Convention and enacted a new Law of Arbitration in 2012. This dissertation evaluates arbitration in Saudi Arabia, focusing on the adoption of international standards in relevant local laws and court practices. The dissertation also considers the weight of Saudi laws, traditions, and social values to gauge the extent to which arbitration as practiced can be integrated into the Saudi legal system.

The dissertation highlights the necessity of cultivating a supportive environment for arbitration in …

Take Me Out Of The Ballgame, Take Me Out To The Free Market: An Analysis Of Midterm Contract Renegotiation In Major League Baseball, Aaron Bretter

Cardozo International & Comparative Law Review

The note argues that mid-term contract renegotiations in Major League Baseball (MLB) should be permitted under specific legal doctrines, such as efficient breach, changed circumstances, and duress. It advocates for a more dynamic and equitable system where player compensation aligns with current performance, balancing fairness for players and practical considerations for teams. While the theory of efficient breach is intriguing, the doctrine of changed circumstances is posited as the most viable legal remedy for renegotiation, particularly when a player's performance significantly exceeds initial expectations.

Dispute System Design Can Help: To Bring About The Future Envisioned By Gpc Participants, We Need To Change The Structure Of What We Do, Lela P. Love, Lisa Blomgren Amsler, Mansi Karol

Articles

No abstract provided.

Dispute Resolution Mechanisms: An Analysis Of The Indus Waters Treaty, Waseem Ahmad Qureshi

Pepperdine Dispute Resolution Law Journal

Since India and Pakistan’s independence in 1947, both states have fought over the occupied territories of Kashmir to gain control of water supplies, which are strategically valuable. Even in recent times, the countries are facing constant threats from each other over several separate issues. India and Pakistan’s water conflicts are long-standing and relate to Indian infrastructure on the western tributaries. Pakistan is of the view that India is robbing Pakistan’s water supplies and building its water management capacity only as a political maneuver to gain political supremacy by practicing hydro-hegemony. On the other hand, India maintains that it is only …

Uniting Foes Of A Single Nation: Religious Dispute Resolution For India And Pakistan, Abraham Reinherz

Pepperdine Dispute Resolution Law Journal

This article will bring forth the argument that a religious-based dispute resolution mechanism should be employed to, at a bare minimum, build bridges between the two countries that are dominated by Hinduism and Islam. This article is not suggesting that religious-based dispute resolution will be a panacea to the India-Pakistan conflict, but simply a method of putting the countries on a step towards reconciliation. Section II of the article will detail the historical background of the conflict. Section III will highlight existing ADR in both India and Pakistan. Section IV will go over the Islamic perspective on dispute resolution. Section …

The Peace Vs. Justice Puzzle And The Syrian Crisis, Paul R. Williams, Lisa K. Dicker, C. Danae Paterson

Faculty Publications

(Excerpt)

Those involved in peace negotiations often face the dilemma of balancing demands for justice with the imperative of stopping the conflict as quickly as possible. There are abiding ethical and moral debates surrounding this tension between peace and justice. In Syria—where the death toll has exceeded 470,000, 11 million have been displaced, and there are over 14,000 documented cases of death by torture—the peace versus justice puzzle is a living dilemma with which those involved in the peace process grapple with on a daily basis.

Is it morally permissible to allow conflict (and the attendant human suffering) to continue, …

Faith-Based Mediation In The Pakistan-India Conflict, Sarah Khan

Cardozo Journal of Conflict Resolution

Section II of this Note explores the background history of Muslims and Hindus in India, the partition, and some of the most prominent issues that stand in the way of resolution. Section III discusses how religious mediation methods have been, and continue to be, used successfully in the contexts of other countries and conflicts. Section IV proposes that these methods be applied in the Pakistan-India situation to target specific issues facing the two countries, while incorporating the already proposed solutions that are on the table by politicians today.

Mediation Capacity Building With Liberian Diaspora Communities: Some Observations, Maria R. Volpe, Bradley L. Roth

Cardozo Journal of Conflict Resolution

The focus of this article will be on elucidating an initiative that has involved multiple partnerships, sensitivity to cultural differences, local-global interactions, work with diaspora communities, adaptation of mediation training programs, dedicated volunteerism, and concerns about sustainability. Central to all of the activities is an explicit resolve by the mediators involved to understand and appropriately respond to the parties' contexts when providing mediation expertise. John Paul Lederach has referred to this method as a mix of prescriptive and elicitive approaches. In sum, the trainers used their expertise as both mediators and trainers to be conscious of and sensitive to the …

Utilizing Adr Between Automakers, The European Union, And The United Kingdom To Avoid Automobile Tariff Increases Arising From Brexit, Nicholas Gliagias

Cardozo Journal of Conflict Resolution

In order to ensure that there are new and stable trade agreements to replace the previous trade agreements, mediation strategies between automakers, the European Union, and the UK should be explored so that new tariffs on cars do not negatively and drastically change the UK's economic landscape after Britain exits from the European Union. In Part II, this Note discusses the pre-Brexit and current tariff situation in the UK as a member of the European Union, explains what mediation is, the methods of mediation, the history of mediation, and the benefits of using mediation. Part III discusses the implications of …

A Realist Systematic Review Of Cross-Sector Collaboration Implementation In Developing Countries & Mediation As A Useful Instrument, Jessica Kritz

Pepperdine Dispute Resolution Law Journal

This review will provide a realistic systematic review to synthesize evidence on successful cross-sector collaboration implementation in developing (low and middle income) countries. More specifically, this review will explicitly consider interactions between strategy, context, and mechanisms to provide an indication as to how cross-sector collaboration governance helps some cross-sector collaboration succeed, grow, and become sustainable. This paper will also present mediation as potentially a useful mechanism to implement cross-sector collaboration implementation in developing countries.

Environmental Restorative Justice, Aiden Stark

Pepperdine Dispute Resolution Law Journal

Section I briefly introduces this article. Section II discusses the gravity of environmental crimes. Section III highlights the history of environmental criminal prosecution. Section IV explains how environmental crimes are currently prosecuted. Section V demonstrates how restorative justice procedures work. Section VI critiques the only previous analysis applying restorative justice to environmental crimes in the United States. Section Vll walks through Australian Justice Preston's analysis, which provides a proper foundation for applying restorative justice to environmental crimes. Section VIII applies Justice Preston's framework to criminal procedures in the United States. Section IX discusses criticisms that will be raised by bringing …

Public Policy Exception In Enforcement Of Foreign Judgments: Setting Aside An Award In The Country Of The Seat Of Arbitration, Amir Seyedfarshi

Pepperdine Dispute Resolution Law Journal

American courts may enforce and recognize international commercial arbitral awards pursuant to the New York Convention. An arbitral award can be subject of scrutiny before the courts of the country of the seat of arbitration and courts of the seat of arbitration may annul an award. Once an award is annulled, the question is whether a decision to annul an award renders it void, or a court outside of the seat of arbitration may refuse to enforce the judgment annulling the award and enforce the award. Courts may treat the judgment annulling an award as a judgment for the purpose …

Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger

Arbitration Law Review (2009 - Present)

No abstract provided.

The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College

Arbitration Law Review (2009 - Present)

No abstract provided.

Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian

Arbitration Law Review (2009 - Present)

No abstract provided.

Achieving Justice Through Adr: An Analysis Of The Korean Mediation System, Yonghwan Choung

Maurer Theses and Dissertations

The purpose of this research is to reconsider Korean judicial mediation as a part of alternative dispute resolution (“ADR”) and to discuss the possible legal transition of Korean judicial mediation into private sector mediation.

Similar to other states’ judicial problems, Korea has also faced overloaded case dockets, congestion of the civil process, an expensive legal process, and emotional stress on parties during the procedures. The Korean judicial authority continuously developed the Korean mediation programs, which can be categorized as court-related mediation, including court-annexed and court-connected mediations. Based on enactment of the Judicial Conciliation of Civil Disputes Act of 1990 (“JCCDA”) …

The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai

Pace International Law Review

On January 17, 2016, in a statement following his signing of the Joint Comprehensive Plan of Action (JCPOA) with Iran, President Obama addressed that country’s people, stating that “yours is a great civilization, with a vibrant culture that has so much to contribute to the world – in commerce, and in science and the arts.” While the former U.S. President’s evaluation of the Iranian people’s greatness is indisputable, there are questions concerning doing business with Iran which transcend conventional legal issues and commercial problems.

Given the juxtaposition of Iran’s duopolistic government structure and ideologically oriented decision-making processes, questions arise as …

Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro

Georgia Journal of International & Comparative Law

Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:

Introduction by Milton Katz and Richard R. Baxter, p. 1

Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7

The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27

Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41

Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59

Protection of the Marine Environment …

Restorative Justice In Chicago And Abroad: Comparing The Work Of The Community Of Sant’Egidio To The Restorative Justice In The United States, 50 J. Marshall L. Rev. 511 (2017), Sheila Murphy, Scott Priz

UIC Law Review

The first section of this article will describe what Restorative Justice is to get a better understanding of this alternative to the punitive criminal justice system. It will then describe the work done by the Community of Sant’Egidio in Rome through the lens of Restorative Justice. It will move on to the state of the criminal justice system in Cook County and the United States, particularly in how it treats criminal behavior. In particular, it will compare the work of Sant’Egidio to the Restorative Justice work being done by state Drug Treatment Courts. Federal reentry courts address the problems of …

Are Legal Disputes Just About The Money? Answers From Mediators On The Front Line, Hal Abramson, Bennett G. Picker, Bill Marsh, Birgit Sambeth Glasner, Jerry Weiss

Cardozo Journal of Conflict Resolution

This Article offers insights from four mediators at the front line of mediation practice-two from the United States and two from Europe. They are not part-time mediators with safe day jobs. Mediating is their day job. They are all Distinguished Fellows of the International Academy of Mediators ("IAM").

Collectively, they present a mindset for mediating that affords opportunities for uncovering needs and options that go beyond the presenting financial demands. Drawing on their years of experience, each contributor describes and illustrates how mediators can and must dig beneath the presenting claims to succeed in really resolving a dispute.

Each contribution …

Dispute System Design And The Global Pound Conference, Lisa Blomgren Amsler

Cardozo Journal of Conflict Resolution

Since Roscoe Pound's famous 1906 speech to the American Bar Association on popular dissatisfaction with the administration of justice, the field of dispute resolution has taken up his cause. Frank Sander's speech at the 1976 Pound Conference marked a turning point in the field's growth and development within the United States. This symposium on its 40th Anniversary also marks a turning point: the globalization of alternative or appropriate dispute resolution ("ADR") in all its forms, in person and online, within and across national boundaries.

A New Chapter In Natural Resource-Seeking Investment: Using Shared Decisions System Design ("Sdsd") To Strengthen Investor-State And Community Relationships, Mariana Hernandez Crespo Gonstead

Cardozo Journal of Conflict Resolution

The time is here. The Latin American region cannot wait any longer; there is simply too much at stake: too many lives, too much potential, and, ultimately, too much waste. The discourse must change from focusing on Investor-State Dispute Settlement ("ISDS") at the international level to addressing the structural and systemic issues at the local level. This shift will strengthen the investor-State relationship and lead not only to the retention, but also the expansion of the Foreign Direct Investment ("FDI").

The History And Legacy Of The Pound Conferences, Lara Traum, Brian Farkas

Cardozo Journal of Conflict Resolution

In light of the GPC, it is useful to take a brief step back to consider the legacy of self-reflection that brings the field to this exciting moment. As we reflect, we find ourselves facing new challenges and raising new questions about the direction of alternative dispute resolution ("ADR") in the 21st century. In this Article, Sections II and III will introduce the "Framers" of the ADR industry's "Constitution," and Section IV will evaluate their 100-year legacy and consider the extent to which it now needs further amendments.

Can Mediation Deliver Justice?, Sherif Elnegahy

Cardozo Journal of Conflict Resolution

Can mediation deliver justice? This article seeks to answer this controversial question by exploring the idea of justice through a number of perspectives, including the historical, philosophical, and religious perspectives. After reaching an understanding on the idea of justice, the article discusses two main means of delivering justice: formal justice-including an analysis of its strength and limitations-and creative justice. The article proceeds to demonstrate the relationship between mediation and justice and mediation's ability to deliver several justice outcomes, which include procedural justice, distributive justice, and restorative justice. The article concludes by highlighting the possible challenges that can accrue when attempting …

Rwanda And The Kigali International Arbitration Centre: The Future Faces Of East African Arbitration And Growth, Jeremy Cantor

Cardozo Journal of Conflict Resolution

Part I is a brief introduction to the Note. Part II is a brief background of Rwandan history and the country's push for economic growth. Furthermore, Part II elaborates on the history, the current status of Rwanda's judicial system, and on the KIAC. Part III explains why arbitration is fitting for Africa as a whole and why it is more fitting for East Africa specifically. In particular, the Note explains why Kigali is the proper choice of seat6 and KIAC the proper institution, and analyzes certain problems preventing the growth of African arbitration. Lastly, Part IV proposes how to effectuate …

One Country, Two Systems: Hong Kong's Unique Status And The Development And Growth Of Arbitration In China, Jiali (Keli) Huang

Cardozo Journal of Conflict Resolution

This Note evaluates the future of arbitration in China and Hong Kong as the two approach their twentieth year working toward reunification under the implications of the "one country, two systems" model, which was implemented in Hong Kong when Hong Kong's sovereignty was transferred back to China in 1997. First, this Note explains Hong Kong's unique identity, the factors that triggered the Umbrella Movement and the Fishball Revolution, and Hong Kong's current relationship with China. Second, this Note provides a broad overview of the development of arbitration in China. Third, this Note describes the arbitral history between China and Hong …