Dispute Resolution and Arbitration Commons^™

Leveraging Mining Demand For Internet And Telecommunications Infrastructure For Broad Economic Development: Models, Opportunities And Challenges, Perrine Toledano, Clara Roorda

Columbia Center on Sustainable Investment Staff Publications

The initial phase of the Leveraging Mining-Related Infrastructure Investments for Development project consisted of a worldwide survey of regulatory, commercial and operating case studies of shared use of mining-related infrastructure. This Policy Paper delivers the findings for internet and telecommunications.

Stayin’ Alive?: Bg Group, Plc V. Republic Of Argentina And The Vitality Of Host-Country Litigation Requirements In Investment Treaty Arbitration, Stephen R. Halpin Iii

Washington and Lee Law Review

No abstract provided.

Cooperative Construction In Schools In California, John Mauck Donley

Master's Theses

Cooperative Construction in Schools in California

John M. Donley

The construction industry has lost efficiency since 1964, while becoming increasingly more litigious. Schools in California can ill afford the time to allow the construction industry time to fully evolve. It may take years or decades to fully improve the efficiency of, and reduce the conflict within the construction industry.

At the same time, the construction industry has developed new processes to improve efficiency and reduce conflict. These processes are beginning to be broadly embraced by the industry. They all contain cooperative elements. Taken together they represent a new organizing principle …

Our Best Negotiators Are Humble People…, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, some excerpts from the interview with one of Hong Kong’s leading police negotiators, Dr. Gilbert Wong, about his work as a crisis negotiator and his lessons for life and business are presented.

Religion, Women, And The Holy Grail Of Legal Pluralism, Shiva Falsafi

Cardozo Law Review

No abstract provided.

Arbitration Case Law Update 2014, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This chapter identifies decisions by the U.S. Supreme Court, the Financial Industry Regulatory Authority (FINRA) and selected lower federal and state courts in the past year that interpret and apply the Federal Arbitration Act (FAA) and could have an impact on securities arbitration practice.

Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law", Deng Ruiping, Duan Xiaosong

Brigham Young University International Law & Management Review

No abstract provided.

Sticky Arbitration Clauses - The Use Of Arbitration Clauses After Concepcion And Amex, Peter B. Rutledge, Christopher R. Drahozal

Vanderbilt Law Review

We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. The Supreme Court's decision in Concepcion led commentators to predict that every business soon would use an arbitration clause, coupled with a class arbitration waiver, in their standard form contracts to avoid the risk of class actions. We examine two samples of franchise agreements: one sample in which we track changes in arbitration clauses since 1999, and a broader sample focusing on changes since 2011, immediately before Concepcion was decided. Our central finding is consistent …

What Can Mediators Learn From Crisis Negotiators?, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the key to crisis negotiating is explored.

Massachusetts Community Mediation Center Grant Program, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston

Office of Community Partnerships Posters

The CMC Grant Program was established in FY 2013 to distribute state operational funding to qualified community mediation centers serving primarily low income citizens. Mediation services are provided through trained volunteers for a wide-range of family, neighborhood and community conflicts referred through courts, public agencies, local businesses, organizations and individuals. Centers deliver training, conduct outreach and education, and actively engage community members on their boards and through local partnerships.

Youth Violence/Conflict Prevention Mini Grants, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston

Office of Community Partnerships Posters

As part of the Community Mediation Center Grant Program, the MA Office of Public Collaboration (MOPC) in FY 2014 awarded four community project grants on youth violence/conflict prevention under a Positive Youth Development (PYD) framework, which includes peer mediation and other youth-focused conflict resolution in schools, communities, and/or families. Four community mediation centers from across Massachusetts were awarded $34,000 to carry-out these projects in partnership with a municipality/municipal entity. An example is the project by Community Dispute Settlement Center (CDSC) in Cambridge, who in partnerships with the Cambridge Police Department and the Department of Human Services has so far trained …

Promoting Justice, Peace, And Understanding Through Partnerships And Dialogue, Center For Peace, Democracy, And Development, University Of Massachusetts Boston

Office of Community Partnerships Posters

The Center for Peace, Democracy and Development (CPDD) promotes conflict resolution, democracy, economic development, education building, media development, and legal and judicial reform through partnerships and training programs across the globe. We offer academic and practical expertise across the spectrum of conflict management and democratic governance. Moreover, we mentor the next generation of peace and democracy builders from the UMass Boston student body who actively participate in many of our initiatives. The Restorative Justice Mediation Project (RJUMP) is a university-based program that aims to provide restorative justice services, education and training to the Suffolk County law enforcement community, department of …

The Parent Mediation Program – A Pathway To Cooperative Parenting, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston, Department Of Revenue Cse Division, Ma Community Mediation Centers

Office of Community Partnerships Posters

The Parent Mediation Program was established in 2008 as a state-local collaboration to raise awareness of mediation as a viable option for creating workable parenting plans and to mediate parenting issues for never-married, separated, divorced or separating parents across the state. The program aims to annually provide direct educational services to around 250-300 disputing parents, about 170-220 of whom will also receive mediation services.

Alternative Dispute Resolution Landscape: An Overview Of Adr In The Maryland Court System, Maryland Administrative Office Of The Courts, Center For Dispute Resolution At The University Of Maryland

C-DRUM Publications

No abstract provided.

The Art Of Racial Dissent: African American Political Discourse In The Age Of Obama, Kareem U. Crayton

Chicago-Kent Law Review

What does the art of dissent from a group look like in the context of race and politics? How does this element of political discourse resemble dissent in the more typical settings, such as the courts? And how might this brand of dissent be distinguished from the more common forms of the enterprise? In this piece, I develop a thesis of “racial dissent,” defined here as the act of speaking against a prevailing norm or principle within a given racial group. I outline a general argument for how racial dissent operates, including the review of structural pressures that racial dissenters …

How Lawyers Manage Intragroup Dissent, Scott L. Cummings

Chicago-Kent Law Review

This essay, adapted from the keynote speech for the conference, reflects upon how lawyers respond to dissent within social movements—over the goals of social change efforts and the means of pursuing them. Drawing upon case studies from the LGBT rights and labor contexts, it describes specific challenges to managing dissent within “top-down” and “bottom-up” lawyering models. From the top-down, it explores how lawyers in the California marriage equality movement addressed repeated legal challenges over litigation tactics. From the bottom-up, it describes how lawyers for a community-labor coalition dealt with competing conceptions of the public good in a campaign to stop …

Capital Defenders As Outsider Lawyers, Kathryn A. Sabbeth

Chicago-Kent Law Review

What role can lawyers play in the internal disputes of a community to which they are outsiders? This essay highlights two core rationales for outsider intervention in support of internal dissent. It examines these rationales in the case of capital defenders from the U.S. North in the U.S. South. The position as an outsider can provide the will and freedom to launch direct attacks on injustice. Frequently, outsiders also bring superior resources for the fight. When outsiders engage in direct social critique, however, they can be accused of cultural imperialism. As an alternative, outsider lawyers can marshal indirect challenges, using …

Intragroup Discourse On Intragroup Protections In Muslim-Majority Countries, Asma T. Uddin

Chicago-Kent Law Review

Many Muslim-majority countries do not provide adequate protection for dissent of any sorts—religious, social, or political. In the realm of religious dissent, these countries persecute not just non-Muslims, but in fact, the persecution is harshest and most frequent against Muslim dissenters. This paper explores how protection for intragroup dissent in these countries is the first and most crucial step in protecting dissent more broadly and lays out both the current state of affairs and several avenues for reform.

The European Court Of Human Rights And Intragroup Religious Diversity: A Critical Review, Lourdes Peroni

Chicago-Kent Law Review

This Article examines the ways in which one of the most established human rights courts—the European Court of Human Rights—encourages or discourages intragroup religious diversity when dealing with religious freedom claims. In particular, it critically assesses the Court’s attentiveness to internal group diversity by scrutinizing the objective filters that the Court employs to determine whether certain practices “count” as a manifestation of claimants’ religion for legal purposes. The Article argues that, at times, these filters are based on assumptions about religion and religious groups that impede recognition of more lived experiences of religion and internal group diversity. The Article further …

Dissenting In And Dissenting Out, Nancy Leong

Chicago-Kent Law Review

The intense legal and social preoccupation with the appearance of diversity and nondiscrimination both reflects and reinforces a process I call “identity capitalism.” Through that process, ingroup individuals and ingroup-dominated institutions derive value from outgroup identity. This process results in the commodification of outgroup identity, with negative consequences for both outgroup members and society. Outgroup members actively participate in the process of identity capitalism in various ways. In particular, they leverage their outgroup membership to derive social and economic value for themselves. I call such outgroup participants “identity entrepreneurs.” In this essay, I apply the framework of identity entrepreneurship to …

Criminal Liability Of Arbitrators In China: Analysis And Proposals For Reform, Duan Xiaosong

Washington International Law Journal

This article is prompted by a Chinese criminal provision governing the impartiality of arbitration. The goals of the article are to critically examine the criminal statute created by the provision and to put forward some proposals for reform, which can be employed to resolve the tension that exists between arbitrator impartiality and deference to arbitration. Although the provision appears to eliminate the abuse of arbitral power, it may raise more questions than it resolves. This article explores the problems and undertakes a comparative analysis of the corresponding United States provision as well as an analysis of some cultural and traditional …

Panel 1: Trends In International Mediation And Arbitration, Hagit Elul, Ank Santens, Martin Gusy, Matthew Weldon

Cardozo Journal of International and Comparative Law

The symposium explores recent trends in international mediation and arbitration, focusing on the development of ethics guidelines and the challenges of obtaining interim relief. It highlights the growing need for standardized ethical frameworks and the evolving role of emergency arbitrators in addressing urgent disputes.

Panel 2: Practitioner Insights Into International Dispute Resolution, John M. Peterson, Ruth Teitelbaum, Simeon Baum, Claudia Maffettone, Russell A. Semmel

Cardozo Journal of International and Comparative Law

The symposium explores the role of alternative dispute resolution (ADR) practices in addressing crosscultural and international legal disputes, emphasizing the importance of foundational ADR skills, cultural sensitivity, and innovative approaches like online platforms to facilitate dialogue. It highlights how ADR methods, such as mediation and arbitration, navigate the complexities of crossborder disputes, offering a more flexible and effective alternative to traditional litigation.

Nudging Cross-Border Mediation Forward, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, nudging as a way to help people make good decisions is explained in the context of mediation.

Conflating Politics And Development? Examining Investment Treaty Arbitration Outcomes, Susan Franck

Scholarly Articles in Law Reviews & Journals

International dispute settlement is an area of ongoing evaluation and tension within the international political economy. As states continue their negotiations for the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP), the efficacy of international arbitration as a method of dispute settlement remains controversial. Whereas some sing its praises as a method of protecting private property interests against improper government interference, others decry investment treaty arbitration (ITA) as biased against states. The literature has thus far not disentangled how politics and development contribute to investment dispute outcomes. In an effort to control for the effect of internal …

Exceeding Their Powers: A Critique Of Stolt-Nielsen And Manifest Disregard, And A Proposal For Substantive Arbitral Award Review, Patrick Sweeney

Washington and Lee Law Review

No abstract provided.

Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter Reilly

Faculty Scholarship

According to the U.S. Department of Justice (“DOJ”), deferred prosecution agreements are said to occupy an “important middle ground” between declining to prosecute on the one hand, and trials or guilty pleas on the other. A top DOJ official has declared that, over the last decade, the agreements have become a “mainstay” of white collar criminal law enforcement; a prominent criminal law professor calls their increased use part of the “biggest change in corporate law enforcement policy in the last ten years.”

However, despite deferred prosecution’s apparent rise in popularity among law enforcement officials, the article sets forth the argument …

From Integration To Multiculturalism: Dr. King's Dream Fifty Years Later, Al Sturgeon

Pepperdine Dispute Resolution Law Journal

The author offers information on transformation from integration to multiculturalism in the U.S. He states that tolerance became a popular term following the victories achieved in the Civil Rights Era and choice between segregation and integration was a familiar topic of the Era. He mentions that a call for integration to the multiculturalism movement underlies an attempt to move beyond legal recognition to an appreciation of differences.

The English Approach To Compétence-Compétence, Ozlem Susler

Pepperdine Dispute Resolution Law Journal

The article examines the Great Britain legislation and practice in compétence-compétence and provides an overview of British approach to arbitral jurisdiction. It states that there are two effects of the principle of compétence-compétence, the positive effect permit arbitral tribunals to make a ruling on their own jurisdiction to hear the dispute and negative effect restricts court to provide the tribunal an opportunity to determine its own jurisdiction.

Sino-American Contract Bargaining And Dispute Resolution, Garrick Apollon

Pepperdine Dispute Resolution Law Journal

The article offers information on international trade disputes between the U.S. and China. Topics include economic interdependency of Sino-American trade, cross-legal and cross-cultural relationships between the U.S. and China, and the historical and cultural preference for Alternative Dispute Resolution (ADR) in China. Other topics include learning of cross-cultural management and international business negotiation.