Dispute Resolution and Arbitration Commons^™

Defining The Scope Of Section 1 Of The Federal Arbitration Act: Recent Judicial Interpretations And Implications For The Gig Economy, Charlie Wiener

Cardozo Journal of Conflict Resolution (CJCR) Blog

Section 1 of the Federal Arbitration Act states that “nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” Since the turn of the millennium, the courts have found reason to define the exact limits of the scope of this exception. Notably, Circuit City Stores v. Adams, 532 U.S. 105 (2001), held that the exception in Section 1 must be read narrowly only to include transportation workers, otherwise the enumeration of seamen and railroad employees would not make sense.

The print edition of the issue …

The International Longshoremen’S Association Strike & Removing Public And Political Pressures From The Bargaining Table, Jilly Horowitz

Cardozo Journal of Conflict Resolution (CJCR) Blog

The International Longshoremen’s Association (“ILA”) is the labor union that represents dockworkers in ports along the East Coast and Gulf of Mexico. The management counterpart to the ILA is the United States Maritime Alliance (“USMX”) which represents the various employers associated with the East and Gulf Coast ports. The most recent ILA-USMX master contract, or collective bargaining agreement, ran from October 1, 2018 to September 30, 2024 (the “2018 Agreement”). As ILA workers prepared for a new contract, their two main concerns were securing pay increases and continuing assurances that human jobs would not be replaced by automation.

The print …

The Biden Administration’S Negotiations With Pharmaceutical Companies, Isabel Anthony

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Biden administration has conducted the government’s first ever negotiations with pharmaceutical companies on the cost of life saving drugs. They have been able to negotiate prices down by nearly 80%. The drugs at the center of negotiations are ones that people are prescribed for years at a time in order to manage illnesses such as heart disease, Crohn’s disease, and more. In order to conduct these negotiations, the Biden administration used march-in rights built into the Bayh-Dole Act.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict …

Challenging The Block: Analyzing The Bar Against California’S Enforcement Of Ab 51, Natalie Pearson

Cardozo Journal of Conflict Resolution (CJCR) Blog

As of 2024, the U.S. District Court for the Eastern District of California issued a permanent injunction, barring the enforcement of California’s Assembly Bill 51 (“AB 51”). California’s AB 51 was a state law aimed at prohibiting California employers from requiring arbitration agreements as a condition of employment, protecting workers from being forced into arbitration. The law was set to take effect in 2020 but was delayed by immediate legal challenges. After four years of litigation, the state law was permanently enjoined.

The print edition of the issue has also been released. This post was originally published on the Cardozo …

When To Back Down: Balancing Public Relations With Arbitration, Eli Mizrahi

Cardozo Journal of Conflict Resolution (CJCR) Blog

In 2023, Kanokporn Tansgsuan died of an allergic reaction while dining at the Raglan Road Irish Pub. According to a lawsuit filed by Jeffrey Piccolo, Kanokporn’s husband, after informing a waiter of Tangsuan’s severe allergies, they received assurances that the food would be allergy free. Forty-five minutes later, Tangsuan had a severe allergic reaction and died in the hospital. While the restaurant is located in the Disney Springs shopping, dining, and entertainment complex, it is “neither owned nor operated by Disney” according to a statement released by Disney.

Subsequently, Mr. Piccolo filed suit against Disney and the restaurant for wrongful …

“Battlefield Humanitarianism”: Navigating The Role Of Adr In Humanitarian Law Complexities Of Urban Warfare, Benjamin Gotian

Cardozo Journal of Conflict Resolution (CJCR) Blog

The resulting devastation of World War II produced a need for rules of engagement and protection of innocent civilians. Nevertheless, an increasing number of armed conflicts are currently being fought in dense urban environments. As a result, the risk of collateral damage and harm to civilians has drastically increased, making it significantly more difficult to adhere to international humanitarian law (“IHL”) and the rules of war.

Ensuring civilians caught in the crossfire get the necessary humanitarian aid and coordinating with all stakeholders is incredibly complex. This process of protecting civilians in active war zones and generally upholding humanitarian law is …

Cjcr Publishes Volume 25, Issue 3 (Summer 2024), Jane Perov

Cardozo Journal of Conflict Resolution (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 25, Issue 3 (Summer 2024). The print edition of the issue has also been released.

Accessible at Volume 25.3: Summer 2024, this issue contains Articles by Rachel Ringort, Ayelet Sela, Roselle L. Wissler, and Art Hinshaw, and Notes by Shifra Ben-Jacob, Eliott Dosetareh, Daniel Hyungtae Kim, and Jillian Leavey.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on September 4, 2024.

Cjcr Publishes Volume 25, Issue 2 (Symposium 2023), Jane Perov

Cardozo Journal of Conflict Resolution (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 25, Issue 2 (Symposium 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 29, 2024.

Adr And Capital One’S Acquisition Of Discover, Yakov Schwalb

Cardozo Journal of Conflict Resolution (CJCR) Blog

On February 19th Capital One announced that it was buying Discover for $35.3 billion. If approved, this acquisition would make Capital One the United States’ sixth largest bank and its third largest credit-card issuer. However, many have voiced concerns with this deal. Senators from both sides of the aisle have called on the Federal Trade Commission (“FTC”) to block this transaction as a violation of antitrust law. Senator Hawley from Missouri said that “[i]f consummated, this merger will create a new juggernaut in the credit card market, with unprecedented powers to extort American consumers," while Senator Elizabeth Warren of Massachusetts …

Using Adr To Help Resolve Nyc’S Eviction Crisis Since The Termination Of The Tenant Safe Harbor Act, Jacob Siri

Cardozo Journal of Conflict Resolution (CJCR) Blog

In a post-pandemic world, describing New York City Housing Court as “time-consuming” would be a drastic understatement. New York City faces a staggering backlog of at least 70,000 eviction cases, causing some to linger for more than four years. The backlog is due to a shortage of judges, pandemic-instituted moratoria, an influx of new cases, and a myriad of other reasons. New York City’s Tenant Safe Harbor Act was introduced at the start of the pandemic on March 7th, 2020, but has since been terminated on January 15th, 2022. The act protected tenants who could not pay rent due to …

Why Greco-Turkish Conflict Needs American Intervention: A Meaningful Mediator, Lemonia Tzanides

Cardozo Journal of Conflict Resolution (CJCR) Blog

Tensions between the Greek and Turkish governments have soared over territorial claims in the Aegean, chiefly concerning the delimitation of territorial waters. The conflict arose on January 20th, 2021, when the Greek parliament nearly unanimously passed a law extending the breadth of Greece’s territorial waters in the Aegean Sea towards Turkey. While bilateral treaties exist between Turkey and Libya and between Greece and Egypt, each regulating the maritime zones of the contracting states, no such agreement exists between Greece and Turkey. “These agreements, however, have no legal effect on Greece and Turkey because international agreements must not harm nor benefit …

Mediation Between States And Criminal Defendants For Post-Conviction Relief Under State Dna Statutes, Nowshin Nawal

Cardozo Journal of Conflict Resolution (CJCR) Blog

With new advances in DNA technology, it has become easier to use DNA testing to find perpetrators of crime where DNA evidence is present. Many incarcerated individuals claiming innocence seek to have the evidence tested during post-conviction in light of new technology. Forty-seven states now have DNA statutes that allow testing during the post-conviction stage. A new problem arises because state prosecutors are often reluctant to agree to DNA testing, which leaves litigation as the remaining method—which is inefficient. The process would be more efficient if a third party worked with the state and the defendant.

This post was originally …

From Conflict To Resolution: The Advantages Of Mediation In Estate Planning, Sarah Natanov

Cardozo Journal of Conflict Resolution (CJCR) Blog

Estate planning involves advanced planning for managing and distributing one’s assets following their passing. It entails identifying inheritors among individuals or entities and establishing measures to ensure the seamless execution of these wishes, aiming to minimize future complications. Estate planning documents often used to distribute assets after one’s passing are wills, trusts, and other legal documents. While these documents may serve as a roadmap for asset distribution, they may not invariably preclude disputes or conflicts among beneficiaries or family members.

This post was originally published on the Cardozo Journal of Conflict Resolution website on March 19, 2024. The original post …

Dissociative Identity Disorder And Mediation: Exploring Legal Capacity, Bayla Zohn

Cardozo Journal of Conflict Resolution (CJCR) Blog

Dissociative Identity Disorder (“DID”) is a mental disorder where the affected individual has two or more distinct personalities. As a protection strategy against severe, persistent abuse and trauma, DID develops in childhood and lasts the entirety of the person's life. A crucial aspect of DID is "dissociation," which is defined as a defense mechanism in which threatening ideas and feelings are separated from the rest of the psyche and conflicted impulses are kept apart. Dissociation refers to the disconnection from one’s environment, emotions, memories, and thoughts. The child's neuronal sense of self-identity is still developing at the time of this …

The Supreme Court Has Granted Review For Arbitration Stays In Employment Cases: Smith V. Spizzirri, Sarah Cole

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Supreme Court has granted review to address a circuit split on whether cases should be paused or thrown out after they are moved to arbitration. The courts are split six to four, four allowing lawsuits to be dismissed when underlying allegations must go through mandatory arbitration. The case is from the Ninth Circuit, on the allowance side of the split, Smith v. Spizzirri, with the petition granted 1/12/24. It addresses the language in a section of the Federal Arbitration Act (“FAA”). The section of the Act under review states: “If any suit or proceeding be brought in any of …

The American Arbitration Association’S Ai Integration Efforts For Alternative Dispute Resolution, Ronnie Cattier

Cardozo Journal of Conflict Resolution (CJCR) Blog

The American Arbitration Association (“AAA”) has joined a long line of various organizations that are looking to make use of, and integrate artificial intelligence (“AI”) into their processes.The AAA has launched innovation programs that are lending support to the idea of AI integration into arbitration, mediation, and other Alternative Dispute Resolution (“ADR”) methods. These programs are looking at creating the right structure and guidelines for AI usages. This is two-fold: on the one hand, the AAA has been building its own solutions; on the other, there is an increasing awareness on developing the framework for external AI tools.

This post …

The Consequences Of Nba Commissioner Adam Silver Arbitrating The Dispute Between The New York Knicks And The Toronto Raptors, Jane Perov

Cardozo Journal of Conflict Resolution (CJCR) Blog

Back in August 2023, the New York Knicks sent a letter addressed to the owner of the Toronto Raptors Larry Tanenbaum claiming the Raptors are engaging in illegal activity involving a former Knicks employee whom they just hired. They claimed that Ikechukwu Azotam, who at the time of his employment with the Knicks was an assistant video coordinator, “had illegally provided the Raptors with more than 3,000 confidential files.” Several days after the letter was sent the Knicks filed a lawsuit in the U.S. Southern District Court of New York against Maple Leaf Sports & Entertainment (Toronto Raptors), Darko Rajakavic, …

Navigating Divorce After Domestic Violence: The Benefits Of Adr, Anna Glasgow

Cardozo Journal of Conflict Resolution (CJCR) Blog

Navigating the complexities of divorce is challenging in any circumstance, but for survivors of domestic violence, the process of legal separation can be particularly intimidating. Most people think of domestic violence as the act of physical abuse, however, domestic violence can be described as any action or pattern that affects a spouse’s health and safety. It is estimated that one out of every five marriages, or 20% of marriages in the US involve domestic violence. It can be very hard for individuals who are victims of domestic abuse to want to get divorced. There is often fear that the abusing …

How Adr Can Combat The Rise In Antisemitism And Islamophobia On College Campuses, Cynthia Spitzer

Cardozo Journal of Conflict Resolution (CJCR) Blog

Since the October 7, 2023 massacre in Israel by the terrorist organization Hamas, there has been ongoing strife and protests throughout the world. Such turmoil notably coincides with a rise in hate crimes, antisemitism, and islamophobia, noticed not only on the streets of the United States, thousands of miles away from Israel, but also in the microcosm of college campuses.

This post was originally published on the Cardozo Journal of Conflict Resolution website on February 29, 2024. The original post can be accessed via the Archived Link button above.

Cjcr Publishes Volume 25, Issue 1 (Fall 2023), Jane Perov

Cardozo Journal of Conflict Resolution (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 25, Issue 1 (Fall 2023).

The print edition of the issue is forthcoming. This post was originally published on the Cardozo Journal of Conflict Resolution website on February 28, 2024. The original post can be accessed via the Archived Link button above.

Arbitration In Professional Sports: Is It Time To Move On?, Alessandra Makris

Cardozo Journal of Conflict Resolution (CJCR) Blog

Arbitration clauses are extremely common in the contracts of athletes all over the world. However, with the recent focus on eliminating mandatory arbitration clauses in employment contracts, the question of whether professional sports leagues will start doing the same remains. In the world of professional sports, arbitration clauses can often be found within a Collective Bargaining Agreement (“CBA”) between a players’ association and an owners’ group. Five major professional sports have arbitration clauses in their CBAs: Major League Baseball (“MLB”), National Basketball Association (“NBA”), National Football League (“NFL”), Major League Soccer (“MLS”) and National Hockey League (“NHL”). Typically, the clauses …

Crypto And Arbitration: The Perfect Pair, Jared Bond

Cardozo Journal of Conflict Resolution (CJCR) Blog

While Cryptocurrency was once seen as the forefront of unique new investment opportunities, early 2022, known as the “Crypto Winter” saw a steep decline in cryptocurrency prices.[1] The fall of cryptocurrency led to an increase in crypto arbitration, with some cases just starting to reach the court system.[2] Due to the international nature of cryptocurrency and the unique challenges disputes present, many crypto businesses include arbitration clauses in their contracts.[3] While not yet clear how many of these issues will ultimately be resolved, there are clear benefits for crypto companies using arbitration as their chosen dispute resolution process, and certain …

Sequel: Negotiation Strategies Sag-Aftra And Amptp Should Employ To Prevent Future Strikes, Molly Baraban

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Screen Actors Guild-American Federation of Television and Radio (“SAG-AFTRA”) strike finally ended on November 9th, after months of contentious dealings between the two groups centering on concerns over the future of acting and the ability to compensate talent fairly. While we can now all finally celebrate the anticipated return of our favorite shows like Euphoria, House of the Dragon, and Stranger Things, we should also take a moment to critically analyze why SAG-AFTRA and the Alliance of Motion Picture and Television Producers (“AMPTP”) have historically continued to have conflict and how these groups can learn to negotiate better to …

The Return Of A Beloved Franchise: How Video Game Developers And Nil Licensing Brokers Can Use Mediation To Resolve Their Disputes, Nicholas Wynne

Cardozo Journal of Conflict Resolution (CJCR) Blog

As of June 30, 2021, the NCAA no longer prohibited collegiate athletes from profiting from their name, image, and likeness (NIL). This was good news for EA Sports, a sports video game developer, considering that it announced in February of that year that it planned to bring back its college football game. Prior to this news from the NCAA, EA Sports was planning on moving forward with the game without rosters that contained the names, images, or likenesses of any collegiate players, but remained hopeful that NIL rules would change in the future. Luckily for EA Sports, the NCAA rules …

Are Compelled Arbitration Clauses In Coaches’ Contracts With The Nfl Effective And Fair To All Parties?, Andreas Kouzouloglou

Cardozo Journal of Conflict Resolution (CJCR) Blog

Employment agreements between football coaches and the NFL grants the NFL commissioner “the full, and complete, and final jurisdiction and authority to arbitrate” various forms of disputes between the two parties. There is one case that is currently being litigated challenging the legality of this arbitration provision. In Flores v. NFL, the plaintiffs attack the clause for being overbroad and unconscionable. Arbitration agreements can be an effective way to settle disputes as an alternative to litigation, but sometimes when there is unequal bargaining power resulting in one entity in complete control of the process, the negative consequences outweigh potential benefits. …

Ups And Teamster: Setting A New Bar For Negotiations And Conflict Resolution, Angel Zheng

Cardozo Journal of Conflict Resolution (CJCR) Blog

On July 25th, 2023, the International Brotherhood of Teamsters (“Teamster”) reached a tentative agreement with United Parcel Service (“UPS”), affecting more than 340,000 UPS workers. A month later, on August 22nd, 86% of the union members voted in favor of ratifying the National Master Agreement. The negotiated agreement not only prevented one of the largest strikes in U.S. history, but also raised the bar for all workers in the labor movement. This entire conflict demonstrates the importance of negotiations and dispute resolution because negotiation was able to help avoid a major strike and negotiate a favorable contract.

This post was …

Navigating The World Of Tiktok Influencers And Using Adr Methods To Negotiate Brand Deals And Contracts, Peri Ayzidor

Cardozo Journal of Conflict Resolution (CJCR) Blog

Anyone using social media in the last three years has been exposed to or heard of TikTok. With over 1.4 billion monthly active users, the social media platform TikTok has taken the world by storm. It allows users to create videos lasting from 15 seconds to three minutes, covering thousands of categories, from makeup tutorials to tutoring explanations. The app has been a particular hit for influencers. An influencer is someone who has the power to impact the purchasing decisions of others because of a certain appeal or relationship with the audience. Many influencers have taken advantage of the app’s …

Emerging Stronger: How Uae’S Arbitration System Adapts To Post-Covid International Norms, Jacob Horowitz

Cardozo Journal of Conflict Resolution (CJCR) Blog

On September 29th, 2023, the United Arab Emirates (“UAE”) published Federal Law No. 15 of 2023 (“Amendment Law”). This law effectively amended Federal Law No. 6 of 2018 On Arbitration (“Arbitration Law”) in a manner that demonstrated the country’s aim to further improve and modernize its arbitration system. Although the Amendment law consisted of numerous changes to UAE’s arbitration system, the most significant was its permittance of modern electronic technologies. In other words, the UAE now allows arbitration hearings to be conducted through technological platforms such as Zoom. This change reflects the post-COVID-19 pandemic trend of preference of virtual hearings …

Strength In Numbers: Negotiating To Mitigate Disputes Between Musicians And Digital Service Providers, Ryan Ashe

Cardozo Journal of Conflict Resolution (CJCR) Blog

The music industry landscape was forever changed when it implemented the streaming model. While digital service providers (“DSP”) like Spotify or Apple Music essentially saved the industry from music piracy, the royalty distribution method of these companies has been a major disappointment for songwriters and musicians. Despite providing consistent revenue, most of the revenue earned by DSPs is not shared with musicians. For instance, Spotify retains 30% of every dollar it generates, paying the remaining 70% back to rightsholders as royalties, with 55% of revenue towards record labels and 15% to publishing companies. Despite songwriters and recording artists’ significant contributions …

Aureliano Buendia And President Gustavo Petro: The Impact Of A Dual-Sided Stakeholder And Leader On The Colombian Peace Accords, Samantha Sanchez

Cardozo Journal of Conflict Resolution (CJCR) Blog

Colombia has endured a nearly 60-year-long internal conflict between paramilitary groups, and allegedly its own military, costing the lives of countless civilians and setting the country’s post-colonial development back decades. Former Colombian President Juan Manuel Santos was awarded the Nobel Peace Prize for mediating a four-year-long deal with paramilitary groups that terrorized–mainly rural and indigent–neighborhoods for decades. However, many critics thought the award was premature, considering the nearly half a million deaths as a result and the impunity of human-rights offenders. Current struggles in the country prove that those critics may have been likely right.

This post was originally published …