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Dispute Resolution and Arbitration Commons™
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Articles 91 - 120 of 1029
Full-Text Articles in Dispute Resolution and Arbitration
Asean Dispute Settlement And The Temple Of Preah Vihear, David Y.K. Kwok
Asean Dispute Settlement And The Temple Of Preah Vihear, David Y.K. Kwok
Journal of Dispute Resolution
The Association of Southeast Asian Nations (“ASEAN”) was established in 1967. The founding members of ASEAN are Indonesia, Malaysia, Philippines, Singapore and Thailand. Five other countries have since joined ASEAN, including Brunei, Laos, Vietnam, Cambodia and Myanmar. Today, ASEAN represents a strong economic organization which has Gross Domestic Product ranking top ten in the world. As to why the founding members decided to establish such an organization, Piris and Woon take the view that it was for the purpose of combating communism during the 1960s. In 2007, a milestone event for ASEAN was the adoption of the ASEAN Charter (“the …
New Update Available: How The Doordash And Tiktok Cases Will Change The Way Arbitration Is Utilized In Class Actions, Allison Garrett
New Update Available: How The Doordash And Tiktok Cases Will Change The Way Arbitration Is Utilized In Class Actions, Allison Garrett
Journal of Dispute Resolution
In the commercialized and technology-driven world we live in today, it is astonishingly easy to find an area where an arbitration clause has influenced our lives. If you have purchased a smart phone, applied for a credit card, downloaded an app, or ordered takeout, you have likely signed an arbitration clause. Arbitration claims can be a powerful tool for suppressing collective action and contributed to the steady decrease of class action filings for decades, particularly against large corporations. With the strengthening of arbitration clauses in the past several decades and the court’s tricky relationship with their enforcement, arbitration claims have …
Missouri’S Ultimate Dead Hand Control: The Development And Relationship Between Donative Arbitration Provisions And No-Contest Clauses In Wills & Trusts, Hunter Hummell
Journal of Dispute Resolution
In Epigrams of a Cynic, Ambrose Bierce wrote “death is not the end; there remains the litigation over the estate.” As true as that statement was in 1912, it does not take a cynic to see the role that probate and litigation play in our world today. In 2022, Americans will spend over two billion dollars on probate. The probate system has always been one the most important foundations of the U.S modern legal system. In Missouri alone, there were over 15,000 cases filed in the probate court in 2021. It seems that death and conflict are inseparable. The idea …
Fault Lines & Fractured Foundations: A Paradigm Shift For Equal Pay For Professional Women Athletes, Emily Tompkins
Fault Lines & Fractured Foundations: A Paradigm Shift For Equal Pay For Professional Women Athletes, Emily Tompkins
Journal of Dispute Resolution
In the face of adversity, professional female athletes have championed the fight for equal pay and brought the issue to the national stage. Testifying in front of the Congressional House Oversight Committee, Megan Rapinoe, a professional soccer player for the United States Women’s National Team, articulates that “one cannot simply outperform inequality or be excellent enough to escape discrimination of any kind.” Megan Rapinoe’s message has touched the hearts of not only Americans but also people all over the world, and her leadership has brought visibility to the realities of gender-based discrimination of female athletes in the United States.
In Praise Of Reconciliation: The In-Court Settlement As A Global Outreach For Appropriate Dispute Resolution, Cesare Cavallini, Stefania Cirillo
In Praise Of Reconciliation: The In-Court Settlement As A Global Outreach For Appropriate Dispute Resolution, Cesare Cavallini, Stefania Cirillo
Journal of Dispute Resolution
A sense of crisis in the administration of civil justice is widespread. Whether the typical difficulties faced by many countries unfold in excessive costs and delays, they have stark implications for the effectiveness of the procedural systems and access to justice. Several new institutions evolved to deal with this state of crisis. Amongst them, the judicially-led settlement, which has the peculiarity of being an alternative tool, despite being performed in the courtroom, made inroads worldwide. However, the pro-adjudication rhetoric raised and continue to raise severe qualms of parties’ coercion and judicial partiality resulting from the judge’s dual role as conciliator …
Why Missouri State Courts Should Implement An Online Dispute Resolution Platform To Resolve Traffic Tickets, Warrants And Please, And Misdemeanors, Emma Wormington
Why Missouri State Courts Should Implement An Online Dispute Resolution Platform To Resolve Traffic Tickets, Warrants And Please, And Misdemeanors, Emma Wormington
Journal of Dispute Resolution
No abstract provided.
Orienting Toward Party Choice: A Simple Self-Determination Tool For Mediators, Robert A. Baruch Bush, Dan Berstein
Orienting Toward Party Choice: A Simple Self-Determination Tool For Mediators, Robert A. Baruch Bush, Dan Berstein
Journal of Dispute Resolution
No abstract provided.
Analyzing The Anatomy Of Innovative Investment Treaty Drafting: The Quest To Safeguard The Right To Regulate, Naimeh Masumy, Carrie Shu Shang
Analyzing The Anatomy Of Innovative Investment Treaty Drafting: The Quest To Safeguard The Right To Regulate, Naimeh Masumy, Carrie Shu Shang
Journal of Dispute Resolution
No abstract provided.
Competing For The Starting Line: How Ombuds Programs Can Help Transgender Student Athletes Participate Under Various State Policies, Drew Fabricius
Competing For The Starting Line: How Ombuds Programs Can Help Transgender Student Athletes Participate Under Various State Policies, Drew Fabricius
Journal of Dispute Resolution
No abstract provided.
Legislative Update, Wensdai Brooks, Connor Mcateer, Myca Sutton, Des'aire Taylor, Hannah Williams
Legislative Update, Wensdai Brooks, Connor Mcateer, Myca Sutton, Des'aire Taylor, Hannah Williams
Journal of Dispute Resolution
The Legislative Update exists to inform the reader of various state and federal laws passed during the 2021-2022 legislative sessions. More specifically, the statutes discussed below relate to alternative dispute resolution (“ADR”) in its many forms. This is an annual update compiled and written by the Journal of Dispute Resolution’s Associate Members and edited by the Associate Editor-in-Chief. This year represented a wide mix of laws passed—some related to health and safety in a post-pandemic world; others posed solutions to problems relevant before the COVID-19 pandemic. Usually, the Legislative Update is limited exclusively to state legislation. We decided to include …
Appendix A
Journal of Dispute Resolution
Appendix A for article Orienting Toward Party Choice
How The Farmers (Empowerment And Protection) Agreement On Price Assurance And Farm Services Act, 2020 Turns Attempts At Conciliation Into Compulsion, Sydney Bennett
Journal of Dispute Resolution
No abstract provided.
You Have Got To Be Keating Me: Why The Ending Forced Arbitration Of Sexual Assault And Sexual Harassment Act Is A Good Start, Hirsh Joshi
Journal of Dispute Resolution
No abstract provided.
Arbitrator Bias: Why We Should Adopt The Ninth Circuit's Reasonable Impression Standard, Viridiana Marcial
Arbitrator Bias: Why We Should Adopt The Ninth Circuit's Reasonable Impression Standard, Viridiana Marcial
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
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 …
Home Run Or Strike Out: Can Baseball Arbitration Solve America’S Medical Debt Crisis?, Sarah Jolley
Home Run Or Strike Out: Can Baseball Arbitration Solve America’S Medical Debt Crisis?, Sarah Jolley
Journal of Dispute Resolution
In 2012, a New York woman named Claudia Knafo found herself in need of a complicated spinal surgery. She immediately began the long and arduous process of selecting a physician in her insurance network, even going so far as to interview prospective surgeons to confirm their in-network status. Claudia finally selected a well-regarded local surgeon, whose website verified his in-network status with her health insurance plan, after calling his office to confirm. Weeks after her successful spinal surgery, Claudia received notice that the doctor’s receptionist and website were incorrect—the surgeon was not actually in-network. Claudia’s health insurance plan provided $66,0000 …
Is Arbitration For Olympic Athletes Arbitrary?, Shelby Ehrmann
Is Arbitration For Olympic Athletes Arbitrary?, Shelby Ehrmann
Journal of Dispute Resolution
In December of 2021, Professional Russian Figure Skater Kamila Valieva completed a doping control test during a Russian National Figure Skating Championship. On February 7, 2022, a World Anti-Doping Agency (WADA) accredited laboratory detected the presence of a banned substance from Kamila’s December 2021 test. The Russian Anti-Doping Agency, (RUSADA) which is in charge of the application of WADA, first implemented a provisional suspension on Kamila, prohibiting her from competing in the 2022 Olympic Winter Games. The RUSADA’s Disciplinary Anti-Doping Committee (DADC) then moved to lift this provisional suspension. The International Olympic committee, the WADA and the International Skating Union …
Artificial Bias: The Ethical Concerns Of Ai-Driven Dispute Resolution In Family Matters, Wensdai Brooks
Artificial Bias: The Ethical Concerns Of Ai-Driven Dispute Resolution In Family Matters, Wensdai Brooks
Journal of Dispute Resolution
From the global positioning systems (GPS) that guide our morning commute to the more complex machine learning systems used to build Spotify’s curation algorithms, artificial intelligence (AI) has become a central part of the way that society functions efficiently. AI has become increasingly integrated into our daily lives, permeating consumer and corporate worlds alike. Despite a reputation for being slow to adopt new technology, the legal field has been particularly forward in embracing the use of AI to increase docket speeds, optimize case management, and fill gaps in access to justice. An impressive array of programs now exists, creating a …
Not Quite “Justice For All”: How Provisions Of Victims’ Rights Legislation Can Harm Plea Negotiations, Hannah Williams
Not Quite “Justice For All”: How Provisions Of Victims’ Rights Legislation Can Harm Plea Negotiations, Hannah Williams
Journal of Dispute Resolution
Undoubtedly, the history of our criminal justice system has been unkind to victims of crime. This demographic, if acknowledged at all, would historically sit in our nation’s courtrooms and watch as the criminal justice system happened to them. Congress fundamentally altered the role of victims in 2015 when it enacted a statute granting victims a plethora of new rights. Victims suddenly could confer with the state’s attorney and rely on protections from the government against the accused. Interspersed within victims’ newfound rights is the right to be reasonably heard at any plea proceeding and the ability to reopen a plea …
Adr Provisions To Inoculate The Vaccine Industry From Governmental Ip Takings, Mark Buck
Adr Provisions To Inoculate The Vaccine Industry From Governmental Ip Takings, Mark Buck
Journal of Dispute Resolution
It started with a cough. It continued with a fever. After several days of treatment with over-the-counter medications without improvement, it became clear that Victor Villarroel Saavedra, an unvaccinated but otherwise in good health Bolivian physician, had contracted COVID-19 in the summer of 2020. By this point, Victor’s options were limited: seek at-home care or go to the hospital. After a few days of in-home care with nasal canal oxygen and nursing/physician oversight, he was eventually transferred to a hospital where he passed within the week. This all could have been avoided with a simple jab in the otherwise healthy …
The Influence Of Foreign Jurisprudence About International Commercial Arbitration In Latin American State Courts, Björn Arp
Journal of Dispute Resolution
International commercial arbitration has become regulated in an increasingly uniform manner through texts such as the UNCITRAL Model Law and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Despite the apparent uniformity, state courts still encounter instances of unclear and incomplete regulations of arbitration-related matters. This article focuses on the practice of courts in Latin America that interpret arbitration-related regulations and fill gaps with the help of a comparative jurisprudential analysis. The article reviews this jurisprudence to determine what impact, if any, landmark cases from France, Switzerland, the United Kingdom, the United States, and other …
Gig Workers: Walking A Tightrope Without A Safety Net, Joshua M. Javits, Matthew L. Luby
Gig Workers: Walking A Tightrope Without A Safety Net, Joshua M. Javits, Matthew L. Luby
Journal of Dispute Resolution
Annually every spring—until the COVID-19 pandemic which began in March 2020, professional sports teams turn to their own budding prospects. Rookie drafts garner media attention and propel the possibility of staggering salaries into the headlines. Undrafted free agents, for their part, begin searching for jobs. With a lesser celebrity profile, many American workers have themselves become free agents in an economy transformed by technology The static newspaper classified ads of the past have been joined by vast online platforms, such as TaskRabbit and Freelancer.com, that allow jobseekers to connect with individuals seeking a diverse range of services—from graphic design and …