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Dispute Resolution and Arbitration Commons™
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Articles 151 - 180 of 438
Full-Text Articles in Dispute Resolution and Arbitration
Surfing To Success As A Mindful Negotiator, Leslie Larkin Cooney
Surfing To Success As A Mindful Negotiator, Leslie Larkin Cooney
Pepperdine Dispute Resolution Law Journal
No abstract provided.
A Divided Nation: Political Polarization And Dispute Resolution, Lindsey Phipps
A Divided Nation: Political Polarization And Dispute Resolution, Lindsey Phipps
Pepperdine Dispute Resolution Law Journal
This article will discuss the causes and consequences of party polarization and propose that the legislative body work more collaboratively and cooperatively through direct implementation of alternative dispute resolution techniques such as negotiation and mediation in the legislative process. Part I will define political polarization, what it looks like today, its causes and its consequences. Part II will propose and explain the use of dispute resolution techniques and tactics, such as, negotiation, mediation and alternative dispute resolution to mitigate the effects of political polarization. Part III will conclude that dispute resolution techniques and tactics will mitigate the inadequacies created by …
The Importance Of Improving The Dispute Resolution Process Of Iran’S Nuclear Deal, Diba Alemi
The Importance Of Improving The Dispute Resolution Process Of Iran’S Nuclear Deal, Diba Alemi
Pepperdine Dispute Resolution Law Journal
Section I provides a brief introduction. Section II discusses the sanctions that have been imposed on Iran. Section III elaborates the worldwide effect of the Joint Comprehensive Plan of Action (“JCPOA”) agreement. Section IV discusses the dispute resolution clause in the JCPOA agreement. Section V compares other dispute resolution clauses to JCPOA’s dispute resolution clause. Section VI discusses the difficulties the developing countries face during the international dispute resolution process. Section VII explains the necessity of adding time to negotiate to the dispute resolution process of the. Lastly, section IX concludes.
Cross-Border Insolvencies: To “Universalize” Or To Arbitrate?, Young Hye (Martina) Chun
Cross-Border Insolvencies: To “Universalize” Or To Arbitrate?, Young Hye (Martina) Chun
Pepperdine Dispute Resolution Law Journal
This note makes a cost-benefit analysis of the U.S. Bankruptcy Code Chapter 15 and International Commercial Arbitration in the context of cross-border bankruptcy proceedings. Part I sets the stage by providing two opposing theoretical approaches to cross-border insolvencies: territorialism and universalism. Part II introduces the UNCITRAL’s Model Law on Cross-Border Insolvency, which is incorporated into the U.S. Bankruptcy Code Chapter 15. It presents how the Model Law has attempted to compensate for the lack of a global court by incorporating universalism. Part III demonstrates that while Chapter 15 sounds good in theory, it fails to address the very issue it …
The Need For Implementation Of A Consolidation Provision In Institutional Arbitration Rules, Ioannis Giakoumelos
The Need For Implementation Of A Consolidation Provision In Institutional Arbitration Rules, Ioannis Giakoumelos
Pepperdine Dispute Resolution Law Journal
This article deals with the question whether arbitration institutions should introduce a consolidation provision in their respective rules, and if so, under what conditions consolidation should be ordered. It stresses the general advantages and potential disadvantages which consolidation may have. It further investigates whether the parties’ interests regarding consolidation are sufficiently respected in the absence of an express consolidation rule. In this regard, it argues that interpretation of arbitration agreements can have a detrimental outcome, and therefore, the introduction of a consolidation provision in institutional rules is recommended. The article goes on to compare various consolidation provisions of different arbitration …
Mediator Or Judge?: California’S Mandatory Mediation Statute In Child Custody Disputes, Sofya Perelshteyn
Mediator Or Judge?: California’S Mandatory Mediation Statute In Child Custody Disputes, Sofya Perelshteyn
Pepperdine Dispute Resolution Law Journal
This article will argue that mandatory mediation offers important benefits, including lightening the overloaded court system and capitalizing on the flexibility and personalization of mediation in certain kinds of disputes. This article will also discuss how allowing the mediator to provide recommendations to the judge after unsuccessful negotiations can shatter the basic tenets of mediation and create an altogether different process for the dispute. Furthermore, it will argue that California’s mandatory mediation statute creates a system more akin to litigation, since the parties are presenting their case to a mediator who wears the hat of both mediator and judge. In …
The Multi-Purpose Attorney: The Interpreting Attorney-Mediator, Catherine Gramajo
The Multi-Purpose Attorney: The Interpreting Attorney-Mediator, Catherine Gramajo
Pepperdine Dispute Resolution Law Journal
The attorney-mediator may be a beneficial hybrid, but what happens when another layer is added to the attorney's functions? Specifically, what happens when the attorney takes on the role of both mediator and interpreter? Part I will provide a brief overview of the increasing role of attorneys as mediators, as well as an overview of the guidelines for mediators and interpreters. Part II examines the importance of language and culture in mediation, particularly focusing on the vital function of the interpreter in the United States. Given the variety of languages spoken in the United States, interpreters are becoming an essential …
Resolving Time Sensitive Construction Disputes: Are Attorneys Just Getting In The Way?, Jeremy Winter
Resolving Time Sensitive Construction Disputes: Are Attorneys Just Getting In The Way?, Jeremy Winter
Pepperdine Dispute Resolution Law Journal
In addition to promoting the usage of other compelling dispute resolution alternatives such as dispute review boards, this Article advances the argument for marginalizing the over-involvement of and dependence upon zealous adversarial attorneys when attempting to resolve time sensitive construction disputes. More specifically, the remainder of this Article is divided into four main sections. Part II will introduce the construction industry's transactional system through the lens of principal construction professionals, examine the different types of construction contracts, and outline some common time sensitive construction disputes. Part III will provide an overview of alternative dispute resolution's rich connection to the construction …
Environmental Restorative Justice, Aiden Stark
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
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 …
Religious Arbitration And Its Struggles With American Law & Judicial Review, Sukhsimranjit Singh
Religious Arbitration And Its Struggles With American Law & Judicial Review, Sukhsimranjit Singh
Pepperdine Dispute Resolution Law Journal
No abstract provided.
A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim
A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim
Pepperdine Dispute Resolution Law Journal
This paper will reveal employers' perception of the EEOC Mediation Program and offer viable changes that may encourage more employer participation in the mediation program. Although the mediation program is supposed to be fair and neutral, the possibility of favoritism, bias, prejudice, or the perception thereof remains high because of the mediation program's structure. If the EEOC were to make changes to its program that also creates a perception of impartiality, then employers would be more willing to participate. To demonstrate this, Part II of this article will begin by discussing the history of the EEOC from its initiating mandate …
Culture And Its Importance In Mediation, Joel Lee
Culture And Its Importance In Mediation, Joel Lee
Pepperdine Dispute Resolution Law Journal
This article seeks to take the reader on this "meta-journey." It will first explore definitions and frameworks about culture before looking at how culture is important in mediation. Specific attention will be placed on the context of Singapore, and we will look at Singapore's journey to dealing with the intersection between culture and mediation. This article will then look at formulating a working model to traverse the intersections between status and belonging on one hand, and modes of communication and face concerns on the other.
Legal Design Lawyering: Rebooting Legal Business Model With Design Thinking, Vronique Fraser, Jean-Frangois Roberge
Legal Design Lawyering: Rebooting Legal Business Model With Design Thinking, Vronique Fraser, Jean-Frangois Roberge
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Corporate Conflict Management 4.0: Reflections On How To Get There From Here, Peter W. Benner
Corporate Conflict Management 4.0: Reflections On How To Get There From Here, Peter W. Benner
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Community Of Thinkers Workshop: A Summary Reflection, Karinya Verghese
Community Of Thinkers Workshop: A Summary Reflection, Karinya Verghese
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Session 4: Promoting Conflict-Competent Leadership And Holistic Conflict Management, Alexander Insam, David Huebner, Juergen Briem, Noah Hanft, Thomas J. Stipanowich
Session 4: Promoting Conflict-Competent Leadership And Holistic Conflict Management, Alexander Insam, David Huebner, Juergen Briem, Noah Hanft, Thomas J. Stipanowich
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Session 3: Harnessing The Power Of Information And Insight To Improve Strategic Decision Making And Choice, Mary Beth Cantrell, Randall Kiser, Alexander Insam, Donald R. Philbin Jr.
Session 3: Harnessing The Power Of Information And Insight To Improve Strategic Decision Making And Choice, Mary Beth Cantrell, Randall Kiser, Alexander Insam, Donald R. Philbin Jr.
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Session 2: Navigating, Building, And Strengthening Relationships, Nancy Vanderlip, Scott Patridge, Jeremy Lack, Debra Gerardi
Session 2: Navigating, Building, And Strengthening Relationships, Nancy Vanderlip, Scott Patridge, Jeremy Lack, Debra Gerardi
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Session One: Bridging Across Cultures, Bernd Fischer, Rene Insam, Helmut Buss
Session One: Bridging Across Cultures, Bernd Fischer, Rene Insam, Helmut Buss
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Foreword, Thomas J. Stipanowich, Alexander Insam
Foreword, Thomas J. Stipanowich, Alexander Insam
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell
Pepperdine Dispute Resolution Law Journal
This Article proposes application of an ADR system for resolving online copyright disputes related to P2P file sharing. Section II provides an overview of P2P file sharing networks and associated copyright infringement. Section III explores current approaches that fall short in resolving P2P copyright disputes, namely the Digital Millennium Copyright Act, litigation, and private agreements. Section IV examines the two primary proposed solutions to online copyright disputes: alternative dispute resolution and federal small claims. Section V recommends that a streamlined online dispute resolution system is necessary (even if a federal small claims tribunal is adopted), and concludes.
Use Of Mediation To Recover Rights To Our Genes, Rachel Albert
Use Of Mediation To Recover Rights To Our Genes, Rachel Albert
Pepperdine Dispute Resolution Law Journal
No abstract provided.
The Medicare Appeals Crisis: Why Mediation Is The Medicine, Michelle Ellis
The Medicare Appeals Crisis: Why Mediation Is The Medicine, Michelle Ellis
Pepperdine Dispute Resolution Law Journal
This article will explore how unmeritorious RAC-reversals recently polluted the Medicare appeals process, and how this has led to a crisis for both providers and the United States Department of Health & Human Services (HHS). Furthermore, this article will consider the lack of available remedies and narrow measures taken by HHS, and will instead advocate for mediation as the best means of easing the backlog. While the delays also directly affect Medicare beneficiaries, this article will limit its discussion to the backlog in relation to providers and suppliers.
The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin
The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin
Pepperdine Dispute Resolution Law Journal
This article details the oft-debated issue of how labor arbitrators should reconcile collective bargaining agreements (CBAs) with public sources of law, i.e., “external law,” particularly when the plain meaning of a CBA would lead to an arbitration award in contravention of public law. This article traces the origin of the debate back to 1967, when renowned labor arbitrators Robert Howlett and Bernard Meltzer took opposing views on the matter in front of the National Academy of Arbitrators. Although Meltzer’s traditional view, that arbitrators should respect the CBA and ignore the law when the two diverge, may have been the more …
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Stopping The Madman: Lessons From The Kaesong Industrial Complex, Sei Hee Park
Stopping The Madman: Lessons From The Kaesong Industrial Complex, Sei Hee Park
Pepperdine Dispute Resolution Law Journal
Section I briefly introduces the Kaesong Industrial Complex, and its closure and reopening. Section II looks at the history of North and South Korea that has set up the current tension between the nations. Section III highlights the significance of the KIC to the two Koreas' relationship. Section IV then explores North Korea's behavior over the years, intertwining discussion of Thomas Schelling's "Madman Theory" to describe North Korea's growing unpredictability and irrationality. Section V provides suggestions for how South Korea can appease North Korea's erratic behavior, as exemplified by their actions during the KIC negotiations. Section VI concludes.
Korea's "Bali Bali" Growth In International Arbitration, Grant L. Kim
Korea's "Bali Bali" Growth In International Arbitration, Grant L. Kim
Pepperdine Dispute Resolution Law Journal
No abstract provided.
The Recognition And Enforcement Of Foreign Arbitral Awards In Korea: With Focus On The U.S. Matters, Yong-Beum Jahng, Ryul Kim
The Recognition And Enforcement Of Foreign Arbitral Awards In Korea: With Focus On The U.S. Matters, Yong-Beum Jahng, Ryul Kim
Pepperdine Dispute Resolution Law Journal
No abstract provided.
A Bellwether To Korea's New Frontier In Investor-State Dispute Settlement?: The Moscow Convention And Lee Jong Baek V. Kyrgyz Republic, Joongi Kim
Pepperdine Dispute Resolution Law Journal
This article will first seek to provide an overview of the state of play of Korea’s ISDS regime. It will discuss the historic nature of the recent cases that have contributed to a critical mass of ISDS actions involving the Korean state as the respondent and Korean investors as claimants. The article will then provide analysis of the Moscow Convention with particular focus concerning its special provisions. After examining the Lee Jong Baek Award, it then explores the potential ramification of the recent cases to Korea’s ISDS policy. It suggests that these cases may represent a tipping point in Korea-related …