Dispute Resolution and Arbitration Commons^™

Like Oil And Vinegar, Sitting Judges And Arbitrators Do Not Mix: Delaware's Unique Attempt At Judicial Arbitration, Gellaine T. Newton

Arbitration Law Review (2009 - Present)

No abstract provided.

I-Arbitration: Not The Newest Apple(R) Product, But Sharia Law In International Commercial Arbitration, Thomas Panighetti

Arbitration Law Review (2009 - Present)

No abstract provided.

Introduction, Nancy Welsh

Arbitration Law Review (2009 - Present)

No abstract provided.

Treaty Shopping And Expansive Jurisdiction: Causes And Effects Of Venezuela's Denunciation Of The Icsid Convention, Kathryn Rimpfel

Arbitration Law Review (2009 - Present)

No abstract provided.

Is Less Really More? Hall Street Associates, Private Procedural Ordering And Expanded Review Of Arbitral Awards In State Courts, Allen Blair

Arbitration Law Review (2009 - Present)

No abstract provided.

Combinations Of Mediation And Arbitration With The Same Neutral: A Framework For Judicial Review, Ellen E. Deason

Arbitration Law Review (2009 - Present)

No abstract provided.

Restricting The Reach Of The Federal Arbitration Act: South Carolina Supreme Court Applies State Law And Invalidates An Arbitration Agreement In A Residential Real Estate Transaction, Tiffany Bennett

Arbitration Law Review (2009 - Present)

No abstract provided.

Creating A 21st Century Oligarchy: Judicial Abdication To Class Action Mediators, James R. Coben

Arbitration Law Review (2009 - Present)

No abstract provided.

Asymmetric Dynamism And Acceptable Judicial Review Of Arbitration Awards, Jeffrey W. Stempel

Arbitration Law Review (2009 - Present)

No abstract provided.

Contested States And The Rights And Obligations Of The Jus Ad Bellum, Christian Henderson

Cardozo Journal of International and Comparative Law

The article examines the rights and obligations of contested states under the jus ad bellum, arguing that these entities, despite lacking widespread recognition as states, should be considered international legal persons. It challenges the traditional state-only conception of international personality and advocates for a recognition-based approach, which would extend the prohibition of the use of force and the right to self-defense to contested states. The analysis highlights the complexities and contradictions in applying these principles, particularly regarding collective self-defense, and suggests that a pragmatic interpretation could balance international peace and security with the legal protection of contested states.

Table Of Contents

Arbitration Law Review (2009 - Present)

No abstract provided.

Towards A Rules-Based Asean: The Protocol To The Asean Charter On Dispute Settlement Mechanisms, Hao Duy Phan

Arbitration Law Review (2009 - Present)

No abstract provided.

Has London Outmaneuvered The Italian Torpedo, Thomas Panighetti

Arbitration Law Review (2009 - Present)

No abstract provided.

How Nice To See You Again: The Repetitive Use Of Arbitrators And The Risk Of Evident Partiality, Drew J. Hushka

Arbitration Law Review (2009 - Present)

No abstract provided.

Broad Powers, Silent Intentions: Compelling Class Action Arbitration Without Express Authorization, Daivy P.E. Dambreville

Arbitration Law Review (2009 - Present)

No abstract provided.

The Accidental Preemption Statute: The Federal Arbitration Act And Displacement Of Agency Regulation, Maureen A. Weston

Arbitration Law Review (2009 - Present)

The Yearbook on Arbitration and Mediation’s 2013 Symposium focused on the role of the courts and judicial review in arbitration and mediation. Considering this question, this Article examines the command of the Federal Arbitration Act (FAA) for courts to enforce private agreements to arbitrate and to confirm arbitral awards as judgments subject to limited grounds for vacatur, as the public judicial system is invoked to revere private arbitration agreements and awards—at times at the expense of significant public policy challenges and the displacement of agency regulatory procedures specifically designed to address public policy concerns. In a series of decisions, …

Judicial Review: What Judges Write When They Write About Mediation, Jennifer W. Reynolds

Arbitration Law Review (2009 - Present)

Judges are uniquely positioned to comment on the phenomenon of court-connected mediation. Judges design and implement court systems with mediation components; they refer or order litigants into mediation; and they often serve as mediators themselves, either as part of their judicial duties or after retiring from the bench. Yet, ironically, there are few formal judicial opinions commenting on the procedural, ethical, and substantive issues around court-connected mediation today. When researching mediation, therefore, legal scholars who limit themselves to traditional legal sources will not have much to work with.

This Article identifies a new source of “judicial review” of mediation: judge-written …

Error Correction And Dispute System Design In Investor-State Arbitration, Andrea Kupfer Schneider

Arbitration Law Review (2009 - Present)

The current crisis in investor-state arbitration under the International Centre for Settlement of Investment Disputes (ICSID) system is the subject of commentary by both practitioners and scholars in the field. This Article first reviews the current status of ICSID arbitration by specifically using the Argentinean cases as examples of the ongoing legitimacy concerns that many countries have about ICSID. This Article seeks to explain the current crisis using theories of judicial review to understand how the annulment committee process and decisions are contributing to this crisis. The judicial theory of error correction, when utilized to review the recent annulment committee …

Bifurcated Proceedings In Illinois: Survivor Actions To Arbitration But Wrongful Death Claims To Litigation, Joshua Bower

Arbitration Law Review (2009 - Present)

No abstract provided.

For The Good Of All Not Involved: The Case For A Public Protection Exception To The Enforcement Of Arbitral Awards, Michelle Polanto

Arbitration Law Review (2009 - Present)

No abstract provided.

Educational Collective Bargaining: The Effect Of Impasse Resolution Procedures On Public School Teachers, Jessica Nixon

Arbitration Law Review (2009 - Present)

No abstract provided.

Getting To Yes: Remembering Roger Fisher, Kevin R. Schock

Arbitration Law Review (2009 - Present)

No abstract provided.

What's Left To Remedy Wage Theft? How Arbitration Mandates That Bar Class Actions Impact Low-Wage Workers, Nantiya Ruan

Scholarly Works

For low-wage workers who suffer “wage theft” – employers illegally withholding portions of their wages – the dollars missing from their paychecks violate existing law and significantly impact the well-being of individuals, families, and communities. Despite this dire societal problem, the Supreme Court continues “closing the courtroom doors” in two ways: allowing employers to force workers out of court and into private arbitration; and prohibiting aggregate claims. Such trends, in combination, silence wage theft, leaving many claims unheard while unscrupulous employers gain direct advantage.

This Article explains how various procedural rulings have combined to prevent meaningful redress for wage theft. …

Live Free Or Regulate: Considering A, B And Their Dispute Resolution Clause Regarding Blackacre, Jean R. Sternlight

Scholarly Works

No abstract provided.

Adr's Place In Foreclosure: Remedying The Flaws Of A Securitized Housing Market, Lydia Nussbaum

Scholarly Works

Millions of Americans lost their homes during the foreclosure crisis, an unprecedented disaster still plaguing local and national economies. A primary factor contributing to the crisis has been the failure of conventional foreclosure procedures to account for the new realities of securitization and the secondary mortgage market, which transformed the traditional borrower-lender relationship. To compensate for the shortcomings of conventional foreclosure procedures and stem the tide of residential foreclosure, state and local governments turned to ADR processes for a solution. Some foreclosure ADR programs, however, have greater potential to avoid foreclosures than others. This Article comprehensively examines the key components …

Lawyers And Mediation: Lessons From Mediator Stories, Sharon Press

Faculty Scholarship

In Stories Mediators Tell, Lela Love and Eric Galton have compiled a compelling anthology of stories about mediation. Not surprisingly, most of the stories involve a significant moment when something special happened for the parties. The author was reminded of presentations by Baruch Bush and Joe Folger in the early 1990's (around the time the first edition of The Promise of Mediation was published). They would ask mediators who attended their sessions to recount to a partner one of their memorable mediations. Inevitably, the stories were about transformative moments - of parties obtaining clarity for the first time - of …

The Historical Contingencies Of Conflict Resolution, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This article reviews the historical contingency of theory and practice in conflict engagement. World War II and the Cold War produced adversarial, distributive, competitive, and scarce resources conceptions of negotiation and conflict resolution, as evidenced by game theory and negotiation practice. More recent and more optimistic theory and practice has focused on party needs and interests and hopes for more party-tailored, contingent, flexible, participatory and more integrative and creative solutions for more than two disputants to a conflict. The current challenges of our present history are explored: continued conflict in both domestic and international settings, the challenge of “scaling up” …

Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra

Faculty Articles

The Sixth Amendment guarantees "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense." In 1984, the Supreme Court in Strickland v. Washington established the standard for ineffective assistance of counsel that is a violation of this right. In a pair of decisions handed down in 2012, Lafler v. Cooper and Missouri v. Frye the Supreme Court extended the holding in Strickland to cover ineffective assistance by defense counsel in the plea-bargaining phase. Recognizing that pleas account for ninety-five percent of all criminal convictions, the court stated that "the negotiation …

Let's Talk: How Mediation Programs Provide Access To Justice For Homeowners Going Through Foreclosure, Melina Rozzisi

Public Interest Law Reporter

No abstract provided.

Constraining Targeting In Noninternational Armed Conflicts, Peter Margulies

Vanderbilt Journal of Transnational Law

An American drone pilot thousands of miles away from Afghanistan sees a tempting target on his computer screen. Thanks to the Predator drone's video capabilities,' the pilot is treated to the spectacle of a known Taliban commander and over a dozen other armed men greeting a dozen tribesmen, who are also armed to the teeth. Everyone depicted on-screen has a gun. The pilot fires the Predator's missile. Shortly thereafter, he confirms the deaths of thirty Taliban fighters and associated forces.

While the facts above, particularly the presence of the known Taliban commander, tend to show that the strike was consistent …