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Dispute Resolution and Arbitration Commons™

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2014

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Institution
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Articles 91 - 120 of 290

Full-Text Articles in Dispute Resolution and Arbitration

Mediated Postnuptial Agreements And Ancillary Matters: Surindar Singh S/O Jaswant Singh V Sita Jaswant Kaur [2014] Sgca 37, Siyuan Chen Aug 2014

Mediated Postnuptial Agreements And Ancillary Matters: Surindar Singh S/O Jaswant Singh V Sita Jaswant Kaur [2014] Sgca 37, Siyuan Chen

Research Collection Yong Pung How School Of Law

When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Whereas the High Court in this case declined to follow all of the terms in the agreement on the ground that some of them were not just and equitable, the Court of Appeal held that …

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Rogue Debtors And Unanticipated Risk, S. I. Strong Jul 2014

Rogue Debtors And Unanticipated Risk, S. I. Strong

Faculty Publications

Commercial actors are becoming increasingly concerned about the effect that various types of political risk, including the risk of sovereign default, has on their investments. This Essay considers the problem of rogue debtors (i.e., states that intentionally ignore their legal and financial obligations) as a type of unanticipated risk and analyzes how well various responses, including domestic litigation, interstate negotiation and investment arbitration, address investors’ needs. In particular, the discussion focuses on how effective investment arbitration is in overcoming a number of difficulties traditionally associated with rogue debtors and the various means by which states are attempting to bypass the …

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International Commercial Arbitration Coming To A Courthouse Near You, S. I. Strong, Judith Kaye Jul 2014

International Commercial Arbitration Coming To A Courthouse Near You, S. I. Strong, Judith Kaye

Faculty Publications

Some people view international commercial arbitration as an exotic, private dispute resolution mechanism that is entirely separate from U.S. state and federal courts. However, the truth of the matter is that judges from around the country increasingly are being asked to handle disputes that are somehow related to international commercial arbitration.

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State Legislative Update, Bianca Amorim, N. Austin Fax, Madison A. Fischer, B. Cory Lee Jul 2014

State Legislative Update, Bianca Amorim, N. Austin Fax, Madison A. Fischer, B. Cory Lee

Journal of Dispute Resolution

This legislative analysis will look to conflict and dispute resolution in schools, along with how that conflict has been traditionally managed. Next, this article will examine some of the benefits that can be achieved by implementing forms of alternative dispute resolution in schools and the limitations to these benefits. Finally, this article will focus on the legislative response to the ever-present epidemic of conflict in our schools, including recent pieces of legislation in Louisiana and Massachusetts.

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The Negotiation Within: The Impact Of Internal Conflict Over Identity And Role On Across-The-Table Negotiations, Robert C. Bordone, Tobias C. Berkman, Sara E. Del Nido Jul 2014

The Negotiation Within: The Impact Of Internal Conflict Over Identity And Role On Across-The-Table Negotiations, Robert C. Bordone, Tobias C. Berkman, Sara E. Del Nido

Journal of Dispute Resolution

This article argues that negotiators' experiences of internal conflict over their identity and role - what we term "the negotiation within" - has a significant impact on across-the-table negotiations in the legal profession and in business. This impact has been mostly overlooked by the literature on negotiation, which focuses on strategic, structural, and psychological barriers to negotiated agreements that are divorced from the real, internal experiences of most negotiators. The article analyzes the impact and suggests a typology for naming and understanding internal conflict. It concludes with a three-stage prescription on how to manage such conflicts described as Mirror work, …

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Concepcion And Mis-Concepcion: Why Unconscionability Survives The Supreme Court's Arbitration Jurisprudence, Richard Frankel Jul 2014

Concepcion And Mis-Concepcion: Why Unconscionability Survives The Supreme Court's Arbitration Jurisprudence, Richard Frankel

Journal of Dispute Resolution

States have long relied on the doctrines of unconscionability and public policy to protect individuals against unfair terms in mandatory arbitration provisions. The Supreme Court recently struck a blow to such efforts in AT&T Mobility LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant. In those two cases, the Court established that a challenge to the enforceability of unfairly one-sided arbitration clauses is preempted if it would interfere with "fundamental attributes of arbitration." Several commentators have argued that these decisions will dramatically alter the arbitration landscape, by wiping away virtually any contract defense to the validity of an …

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"Horton And The Who": Determining Who Is Affected By The Emerging Statutory Battle Between The Faa And Federal Labor Law, James R. Montgomery Jul 2014

"Horton And The Who": Determining Who Is Affected By The Emerging Statutory Battle Between The Faa And Federal Labor Law, James R. Montgomery

Journal of Dispute Resolution

In the early 20th century, social changes brought about a system designed to protect employees. As part of the American system of labor laws, workers are given certain rights to proceed collectively, to "band together," and to proceed as a unit. Labor laws were first enacted in the United States during a period of Supreme Court jurisprudence that granted a broad array of powers to corporations, in the form of "liberty of contract." Justice Holmes dissented in Lochner v. New York, and planted a seed in his opinion that would later go on to support the idea behind federal labor …

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Table Of Contents - Issue 1 Jul 2014

Table Of Contents - Issue 1

Journal of Dispute Resolution

Table of Contents - Issue 1

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Employment Arbitration At The Crossroads: An Assessment And Call For Action, Stephen L. Hayford, Jamie Darin Prenkert, Anjanette H. Raymond Jul 2014

Employment Arbitration At The Crossroads: An Assessment And Call For Action, Stephen L. Hayford, Jamie Darin Prenkert, Anjanette H. Raymond

Journal of Dispute Resolution

Arbitration agreements must be on equal footing with all types of contracts. This stark reality demands that the various stakeholders in the arbitration community converge in the interest of designing and institutionalizing arbitration mechanics and processes that, as a start, exceed the minimum requirements to avoid arguments of substantive unconscionability and, more broadly, provide the fair, just, and accountable alternative dispute resolution system the FAA and the U.S. Supreme Court have indicated it can be. This paper seeks to guide this next stage of the debate by first reviewing the doctrinal developments over the past thirty years that led to …

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Europe's Role In Alternative Dispute Resolution: Off To A Good Start?, Maud Piers Jul 2014

Europe's Role In Alternative Dispute Resolution: Off To A Good Start?, Maud Piers

Journal of Dispute Resolution

ADR has become a topical issue in contemporary European procedural private law. Over the past fifteen years, European lawmakers have displayed particular interest in extra-judicial dispute resolution methods as part of a broader effort to promote better access to justice. For example, Directive 2008/52 sets out a framework for the use of mediation in cross-border disputes on civil and commercial matters. The European Commission's influential Recommendations 98/257 and 2001/310, which respectively deal with out-of-court dispute settlements and consensual dispute mechanisms, constitute a starting point for constructing a new approach to ADR. In March of 2013, the European Parliament and the …

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Day's Pyramid Ignores Sturdy Severability Foundation, Builds Off Granite Rock: Day V. Fortune Hi-Tech Marketing, Inc., Wesley K . Dagestad Jul 2014

Day's Pyramid Ignores Sturdy Severability Foundation, Builds Off Granite Rock: Day V. Fortune Hi-Tech Marketing, Inc., Wesley K . Dagestad

Journal of Dispute Resolution

Persons involved in a pyramid scheme are often blind to the overarching pyramid's purpose; similarly, contracting parties may possess little initial knowledge of an agreement's terms in their entirety. Arbitration agreements and other contractual obligations can be hidden in the depths of multiple documents, memorialized through simultaneous agreements incorporating the additional terms by various references. After Day, courts may now be required to dig through countless terms to parties' agreements to determine if a valid contract exists, and if so, which agreement governs the dispute at issue. After sifting through this contractual jungle, courts will be forced to take one …

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Plurality Influence: Reed Elsevier And The Precedential Value Of Bazzle On Class Arbitrability, Kevin P. Sack Jul 2014

Plurality Influence: Reed Elsevier And The Precedential Value Of Bazzle On Class Arbitrability, Kevin P. Sack

Journal of Dispute Resolution

Class arbitration is a tricky process to navigate as it introduces more parties, higher stakes, and more procedures than typical bilateral arbitration. Because class arbitration is more complex, the determination as to whether an arbitration agreement authorizes class arbitration (class arbitrability) is an important one, and the entity that makes the class determination should be knowledgeable about class procedures in order to be suited to make such an important finding. In Reed Elsevier, Inc. ex rel. LexisNexis Div. v. Crockett, the Sixth Circuit held that the determination of class arbitrability should be presumptively reserved to judicial courts, not arbitrators, unless …

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Restoring Our Children's Future: Ending Disparate School Discipline Through Restorative Justice Practices, Kaeanna Wood Jul 2014

Restoring Our Children's Future: Ending Disparate School Discipline Through Restorative Justice Practices, Kaeanna Wood

Journal of Dispute Resolution

This note opens the discussion on disparate school discipline with a case harboring egregious facts, then goes on to explore the history of zero-tolerance policies as the primary method of school discipline, federal civil rights laws prohibiting discrimination based on race in school discipline, and the rise of restorative practices as a means of school discipline. In conclusion, this note argues that in implementing restorative justice practices as an alternative dispute resolution method, schools can end a pattern of disproportionately disciplining African American and Hispanic students and create an environment that fosters success for all children.

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The Use And Abuse Of Precedent In Labor And Employment Arbitration, Theodore J. St. Antoine Jul 2014

The Use And Abuse Of Precedent In Labor And Employment Arbitration, Theodore J. St. Antoine

Articles

As he did so often with legal problems, Oliver Wendell Holmes put his finger on the key to the problem of precedent with a memorable assertion. Said he: "It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV." Notice that Holmes did not say it is a bad thing for a rule to have an ancient lineage. The question is whether the rule that may have made sense when Henry IV reigned, or when the Wagner Act was passed, has stood the test of …

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The Race Towards A New York Convention For Cross-Border Mediated Settlement Agreements: The Fable Of The Tortoise And The Hare Revisited?, Nadja Alexander Jul 2014

The Race Towards A New York Convention For Cross-Border Mediated Settlement Agreements: The Fable Of The Tortoise And The Hare Revisited?, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, some thoughts on the discussions on the New York Convention for Mediation are presented.

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Operation Arbitration: Privatizing Medical Malpractice Claims, Myriam E. Gilles Jul 2014

Operation Arbitration: Privatizing Medical Malpractice Claims, Myriam E. Gilles

Articles

Binding arbitration is generally less available in tort suits than in contract suits because most tort plaintiffs do not have a pre-dispute contract with the defendant, and are unlikely to consent to arbitration after the occurrence of an unforeseen injury. But the Federal Arbitration Act applies to all "contract[s] evincing a transaction involving commerce, " including contracts for healthcare and medical services. Given the broad trend towards arbitration in nearly every other business-to-consumer industry, coupled with some rollbacks in tort reform measures that have traditionally favored medical professionals in the judicial system, it is very possible that we may witness …

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Padres Players Arbitration Results, Edmund P. Edmonds Jun 2014

Padres Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

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Mlb Team Arbitration Results, Edmund P. Edmonds Jun 2014

Mlb Team Arbitration Results, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.

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Goldberg, Matt Arbitration Chart, Edmund P. Edmonds Jun 2014

Goldberg, Matt Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

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San Diego Padres Arbitration Hearings Chart, Edmund P. Edmonds Jun 2014

San Diego Padres Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.

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Gold, Marlene Arbitration Chart, Edmund P. Edmonds Jun 2014

Gold, Marlene Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

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Sands, John Arbitration Chart, Edmund P. Edmonds Jun 2014

Sands, John Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

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Australia’S Boatpeople Policy: Regional Cooperation Or Passing The Buck?, Christopher C. White Jun 2014

Australia’S Boatpeople Policy: Regional Cooperation Or Passing The Buck?, Christopher C. White

Cultural Encounters, Conflicts, and Resolutions

The Australian government implemented a new policy in July 2013 in an attempt to more effectively address the recent spike in irregular migrants trying to reach its shores. In this paper, I examine the panic over migration in Australia concerning asylum seekers arriving by boat. The discussion is divided into two main themes. First, I look at how the Australian government is attempting to manage irregular immigration with a specific focus on the regional arrangement with Papua New Guinea. I argue that instead of mutually beneficial efforts at regional cooperation, the Australian government is merely shifting its responsibilities to a …

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Intergenerational Conflicts In Iran: Myth Or Reallity?, Mohammad Hossein Panahi Jun 2014

Intergenerational Conflicts In Iran: Myth Or Reallity?, Mohammad Hossein Panahi

Cultural Encounters, Conflicts, and Resolutions

One of the important social issues attracting the attention of social thinkers in post WWII era has been the issue of intergenerational conflict. Presented by scholars such as Karl Manheim and Margaret Mead, it was thought that in post WWII era intergenerational conflicts or gap rose to a degree that it made the communication and understanding between pre and post WWII generations very difficult. It was theorized that this unbridgeable gap between the two generations was due to grave and rapid social changes that occurred in that era, so that these two generations experienced and lived in two totally different …

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Immigrants, Roma And Sinti Unveil The “National” In Italian Identity, Francesco Melfi Jun 2014

Immigrants, Roma And Sinti Unveil The “National” In Italian Identity, Francesco Melfi

Cultural Encounters, Conflicts, and Resolutions

This essay picks up a few threads in the ongoing debate on national identity in Italy. Immigration and the intertwining of cultures locally have stretched the contours of the nation state to a breaking point. As a result, the social self has become a sharply contested terrain between those who want to install a symbolic electronic fence around an imagined fatherland and those who want a more inclusive nation at home in a global world. After discussing the views of Amin Maalouf (2000), Alessandro Dal Lago (2009), Abdelmalek Sayad (1999) and Patrick Manning (2005) on national identity and migration in …

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More Than A Tribesman: The New African Diasporan Identity, Stephen M. Magu Jun 2014

More Than A Tribesman: The New African Diasporan Identity, Stephen M. Magu

Cultural Encounters, Conflicts, and Resolutions

Current global levels of immigration stand at about 300 million persons; of these, IFAD estimates that 30 million Africans are in the Diaspora. The contributions of diasporic Africans to their communities and to the cultural experiences of the United States are multimodal. To their domiciles, they contribute economically, empowering their families to become more active and less dependent on the state, while transmitting ideas about democracy and better government. At the same time, they contribute to their adopted homelands through social and cultural activities, cultural festivals and other indicators of cultural connectedness to their motherlands. The African diaspora of necessity …

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Daily Border Crossings: Negotiations Of Gender, Body And Subjectivity In The Lives Of Women Workers In Urban Malls., Rachana Johri Dr., Krishna Menon Dr. Jun 2014

Daily Border Crossings: Negotiations Of Gender, Body And Subjectivity In The Lives Of Women Workers In Urban Malls., Rachana Johri Dr., Krishna Menon Dr.

Cultural Encounters, Conflicts, and Resolutions

The last two decades have seen the emergence of not just new markets but new market spaces that provide a visual experience of products and persons that closely approximates the field set up by the global media. Malls represent the concrete representations of unabashed celebration and acknowledgment of desire. Malls are one of the spaces that shape everyday lives suggesting the rightfulness of fulfilling sexual, cultural, social and gastronomic desires. One ‘category’ of persons presumably shaped by these spaces are those who work in them. Our concern is particularly with the negotiation of body and subjectivity as women travel daily, …

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Table Of Contents Jun 2014

Table Of Contents

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

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Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D. Jun 2014

Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

This introduction precedes the initial issue of the journal Cultural Encounters, Conflicts, and Resolutions.

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The Appeal Of Icsid Awards: How The Aminz Appellate Mechanism Can Guide Reform Of Icsid Procedure, Christopher Smith Jun 2014

The Appeal Of Icsid Awards: How The Aminz Appellate Mechanism Can Guide Reform Of Icsid Procedure, Christopher Smith

Georgia Journal of International & Comparative Law

No abstract provided.

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