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Dispute Resolution and Arbitration Commons™
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Articles 121 - 150 of 289
Full-Text Articles in Dispute Resolution and Arbitration
Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley
Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley
Georgia Journal of International & Comparative Law
No abstract provided.
Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress
Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress
Georgia Journal of International & Comparative Law
No abstract provided.
The New Law Of Treaties: The Codification Of The Law Of Treaties Concluded Between States And International Organizations Or Between Two Or More International Organizations, Neri Sybesma-Knol
Georgia Journal of International & Comparative Law
No abstract provided.
Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation, Jonathan M. Hyman
Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation, Jonathan M. Hyman
Nevada Law Journal
No abstract provided.
Understanding An Option To Renew A Lease: Areif (Singapore I) Pte Ltdv Ntuc Fairprice Co-Operative Ltd [2015] Sghc 28, Alvin W. L. See
Understanding An Option To Renew A Lease: Areif (Singapore I) Pte Ltdv Ntuc Fairprice Co-Operative Ltd [2015] Sghc 28, Alvin W. L. See
Research Collection Yong Pung How School Of Law
The dispute in this case arose from the attempt by NTUC Fairprice Co-operative Ltd (“NTUC”), operator of the well-known chain of Fairprice supermarkets, to renew a lease of seven units (“the premises”) in a commercial building located close to the busy Orchard shopping district. The landlord, AREIF (Singapore I) Pte Ltd (“AREIF”), refused renewal and eventually leased the premises to a competing supermarket chain, Cold Storage. Before the High Court, the legal issue to be decided was whether, on the proper construction of the relevant term of lease agreement, AREIF was under any obligation to renew the lease.
What’S Your Country’S Mediation-Friendly Ranking?, Nadja Alexander
What’S Your Country’S Mediation-Friendly Ranking?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, relevant variables for the mediation friendly jurisdictional scale are set out.
Communities In Conflict With Police: Facilitating Dispute Resolution And Mediate Causes Of Conflict, Julian A. Cook, David Hooker, Samuel Lee Reid, Mildred I. Duprey De Robles
Communities In Conflict With Police: Facilitating Dispute Resolution And Mediate Causes Of Conflict, Julian A. Cook, David Hooker, Samuel Lee Reid, Mildred I. Duprey De Robles
Working in the Public Interest Conferences
Police cannot adequately serve the public without the respect and trust of the communities they serve. Who speaks for the community, and how can the legal system ensure that those voices are heard? What does equal protection under the law mean on the streets of America, where law enforcement is necessarily discretionary? What role should the federal government play when local trust in the rule of law recedes? how can community leaders and attorneys facilitate positive outcomes from conflict? This panel addressed leading initiatives to maintain dialogue between law enforcement authorities and the communities they serve.
Minimizing Unnecessary Violence In Litigation And Other Dispute Resolution Processes, John Lande
Minimizing Unnecessary Violence In Litigation And Other Dispute Resolution Processes, John Lande
Faculty Blogs
This post responds to a response to my post, Litigation as Violence. My fellow-blogger Jen Reynolds argued, “We in ADR should not undervalue, when analyzing the dispute resolution landscape, the regulatory function of litigation in the United States.” I agreed with Jen’s statement, noting that we sometimes too-glibly criticize the legal system without acknowledging the benefits it produces, which we often take for granted. This post provides a balanced assessment of litigation from Professor Cardi as well as my writing.
Pirates Players Arbitration Results, Edmund P. Edmonds
Pirates Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Seattle Mariners Arbitration Hearings Chart, Edmund P. Edmonds
Seattle Mariners Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
Baltimore Orioles Arbitration Hearings Chart, Edmund P. Edmonds
Baltimore Orioles Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
Mariners Players Arbitration Results, Edmund P. Edmonds
Mariners Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Orioles Players Arbitration Results, Edmund P. Edmonds
Orioles Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Vernon, Gil Arbitration Chart, Edmund P. Edmonds
Vernon, Gil Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Litigation As Violence, John Lande
Litigation As Violence, John Lande
Faculty Blogs
The article describes the “litigation response syndrome” – adverse consequences merely from being engaged in litigation. Sometimes lawyers and law professors treat litigation as if was just a game, insensitive to the pain it causes to litigants and others swept up in it, possibly including the lawyers themselves. Cardi argues that before proceeding in litigation, lawyers and litigants should be prepared for the toll it may take.
Edelman, Howard Arbitration Chart, Edmund P. Edmonds
Edelman, Howard Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Colorado Rockies Arbitration Hearings Chart, Edmund P. Edmonds
Colorado Rockies Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
Rockies Players Arbitration Results, Edmund P. Edmonds
Rockies Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
“A Jewish And Democratic State:” Reflections On The Fragility Of Israeli Secularism, Zvi Triger
“A Jewish And Democratic State:” Reflections On The Fragility Of Israeli Secularism, Zvi Triger
Pepperdine Law Review
An essay is presented in which the author explores fragility of Israeli secularism related to Jewish religion. Topics discussed are the impact of religious monopoly over personal status in Israel on Israeli secularism, the origination of religious monopoly over personal status during the Ottoman Empire's rule over Palestine, and dispute resolution of domestic cases in communities' and tribes' religious tribunals under their religious laws.
We Need A Better Consensus About Negotiation Theory, John M. Lande
We Need A Better Consensus About Negotiation Theory, John M. Lande
Faculty Blogs
This post advocates redefining the scope of negotiation to include the interactions leading up to the final negotiation. Legal matters often involve a stream of negotiations, not merely a single event at the end of a process. It also recommends focusing on the process of reaching agreement, not only the process of resolving disputes, including processes of reaching agreement where there is little or no dispute. It also suggests disaggregating traditional models and analyzing key variables separately instead of thinking in terms of two discrete, coherent models.
Nationals Players Arbitration Results, Edmund P. Edmonds
Nationals Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Problems With The System Of Negotiation Models, Part 2, John M. Lande
Problems With The System Of Negotiation Models, Part 2, John M. Lande
Faculty Blogs
This part describes two actual negotiations to illustrate problems with the traditional system of two negotiation models. These cases don’t fit neatly into either model.
Irvings, Mark Arbitration Chart, Edmund P. Edmonds
Irvings, Mark Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Trade And Investment Dispute Settlement Mechanisms In Asean: The Evolving Landscape And Major Developments, Locknie Hsu
Trade And Investment Dispute Settlement Mechanisms In Asean: The Evolving Landscape And Major Developments, Locknie Hsu
Research Collection Yong Pung How School Of Law
The ASEAN landscape on trade and investment dispute mechanisms has been changing significantly over the last 15 years. Such changes have come about partly due to preparations for establishment of the ASEAN Economic Community (AEC) in 2015. An example is the coming into force on 29 March 2012 of the landmark ASEAN Comprehensive Investment Agreement (ACIA), a region-wide treaty in which ASEAN member States have committed to a number of significant investment obligations and dispute settlement mechanisms. Other developments have arisen from the signing of trade and investment agreements between ASEAN and its major trade partners, namely, Australia, New Zealand, …
Harmonizing Third-Party Litigation Funding Regulation, Victoria A. Shannon
Harmonizing Third-Party Litigation Funding Regulation, Victoria A. Shannon
Cardozo Law Review
Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a "wild west" due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation …
Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani
Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani
Faculty Scholarship
Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a “wild west” due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation …
Problems With The System Of Negotiation Models, Part 1, John M. Lande
Problems With The System Of Negotiation Models, Part 1, John M. Lande
Faculty Blogs
The current framework relies primarily on two models – positional and interest-based negotiation. This is not only a foundation of negotiation theory, but it is key to theory of lawyering, mediation, collaborative law, dispute system design and other areas of dispute resolution, other disciplines, as well as popular culture.
Faith-Based Private Arbitration As A Model For Preserving Rights And Values In A Pluralistic Society, Michael J. Broyde
Faith-Based Private Arbitration As A Model For Preserving Rights And Values In A Pluralistic Society, Michael J. Broyde
Chicago-Kent Law Review
This article discusses private arbitration in religious and values-oriented communities. Using contract law as the foundation for arbitration law, religious arbitration panels can function almost like courts so long as the government can assure basic fairness and proper procedures, while allowing the parties to resolve their private dispute as the parties wish. This article explains that to be enforced, these private courts must meet the procedural requirements set by the Federal Arbitration Act, but American arbitration law is not generally concerned with the substantive law used by these tribunals, although this article recommends practices that religious tribunals ought to adopt …
Religious Law, Family Law And Arbitration: Shari'a And Halakha In America, Mohammad H. Fadel
Religious Law, Family Law And Arbitration: Shari'a And Halakha In America, Mohammad H. Fadel
Chicago-Kent Law Review
The possibility that Muslims might use private arbitration as a forum in which their family law disputes could be settled according to the principles of Islamic law has generated substantial controversy, with one liberal democracy, Canada, even taking affirmative steps to insure that religious-based arbitration of family law disputes are denied legal recognition. This paper argues that such moves are ill-considered. From the perspective of political liberalism, the arbitration of family law disputes within a framework of religious law, provided that the arbitration is subject to review by a public court for conformity with public policy, is an ideal tool …
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael A. Helfand
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael A. Helfand
Chicago-Kent Law Review
This Article explores the unique status of religious law as a hybrid concept that simultaneously retains the characteristics of both law and religion. To do so, the Article considers as a case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges, courts must treat religious law as law when defining the contractually adopted religious procedural rules, but treat religious law as religion when reviewing precisely what the religious procedural rules require. On this account, constitutional and arbitration doctrine combine to insulate religious arbitration awards from judicial scrutiny even on procedural grounds, leaving courts …