Dispute Resolution and Arbitration Commons^™

Great Value Of Students Playing Clients In Multi-Stage Simulations, John Lande

Faculty Blogs

This post describes the great results when I used multi-stage simulations in negotiation and family law dispute resolution courses. To simulate real life, I developed several simulations that started from the first client interview. I included other stages, such as (1) negotiating retainer agreements, (2) identifying additional information needed, (3) getting to know counterpart lawyers, (4) researching and negotiating about the law, (5) negotiating dispute resolution clauses, (6) preparing for negotiation with clients and counterpart lawyers, and (7) negotiating the ultimate issues. Students playing lawyers got especially valuable experiences because the students playing clients identified so strongly with their roles.

Conflict Of Laws In Arbitration Agreements Between Developed And Developing Countries, Mary Kathryn Lynch

Georgia Journal of International & Comparative Law

No abstract provided.

The Recognition And Enforcement Of Foreign Country Judgments And Arbitral Awards: A North-South Perspective, Michael Quilling

Georgia Journal of International & Comparative Law

No abstract provided.

Symposium - Conflicts Of Law In Contracts Between Developed And Developing Nations, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.

International Arbitration: Demographics, Precision And Justice, Susan Franck, James Freda, Kellen Lavin, Tobias A. Lehmann, Anne Van Aaken

Contributions to Books

ICCA Congress Series No. 18 comprises the proceedings of the twenty-second Congress of the International Council for Commercial Arbitration (ICCA), held in Miami in 2014. The articles by leading arbitration practitioners and scholars from around the world address the challenges, both perceived and real, to the legitimacy of international arbitration.

The volume focusses on the twin pillars of legitimacy: justice, in procedure and outcome, and precision at every phase of the proceedings. Contributions on justice explore issues related to diversity, fairness and whether arbitral institutions can do more to foster legitimacy – based on the responses of nine international arbitral …

Unbundling Procedure: Carve-Outs From Arbitration Clauses, Christopher R. Drahozal, Erin O'Hara O'Connor

Florida Law Review

A rich literature analyzes how parties choose between courts and arbitration. Within this literature, scholars traditionally assume that sophisticated parties make a single choice between courts and arbitration based on the bundle of dispute resolution services that seems most appealing ex ante. As with the literature on bundling generally, however, legal scholars are increasingly focusing their attention on the unbundling of court and arbitral procedures—that is, the ability of parties to contract for à la carte or customized dispute resolution procedures in court and arbitration. While such unbundling is common ex post, i.e., after a dispute arises, most …

Investor-State Dispute Settlement, Public Interest And U.S. Domestic Law, Lise Johnson, Lisa E. Sachs, Jeffrey D. Sachs

Columbia Center on Sustainable Investment Staff Publications

As negotiations are ongoing in the Trans-Pacific Partnership (TPP) and the Trans-Atlantic Trade and Investment Partnership Agreement (TTIP), CCSI staff and Jeffrey Sachs discuss the implications of investor-state dispute settlement (ISDS) for domestic law and policy, focusing on effects within the US. The paper concludes that the risks ISDS poses for domestic law are significant and unjustified, and that there are preferable policy alternatives to pursue as a means of protecting the rights of investors operating overseas.

A Sour Battle In Lago Agrio And Beyond: The Metamorphosis Of Transnational Litigation And The Protection Of Collective Rights In Ecuador, Manuel A. Gomez

University of Miami Inter-American Law Review

No abstract provided.

Why Fast Track Is A Dangerous Gift To Corporate Lobbies, Jeffrey D. Sachs, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

The Obama Administration is now on track to get "fast track" legislation through the Senate, heading towards a close vote in the House. The end goal is to conclude two major business treaties: the Trans-Atlantic Trade and Investment Partnership Agreement (TTIP) and the Trans-Pacific Partnership Agreement (TPP). The House Democrats are right to withhold their support until key treaty positions favored by the White House are dropped.

Not So Fast, Jeffrey D. Sachs, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

President Barack Obama and the Republican leadership in Congress are trying to pass "fast track" legislation in order to push through major economic agreements with eleven countries of the Pacific region (the Trans-Pacific Partnership) and Europe (the Trans-Atlantic Trade and Investment Partnership) without the possibility for Congressional amendments. Both are being sold generally as "trade agreements," yet they involve key areas of business law and regulation far beyond trade. Before Congress approves fast track, these agreements need to be made public and exposed to thorough public scrutiny.

Pricing Lives For Corporate Risk Decisions, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The 2014 GM ignition-switch recall highlighted the inadequacies of the company's safety culture and the shortcomings of regulatory sanctions. The company's inattention to systematic thinking about product safety can be traced to the hostile treatment of corporate risk analyses by the courts. This Article proposes that companies should place a greater value on lives at risk than they have in previous risk analyses and that they should receive legal protections for product risk analyses. Companies' valuations of fatality risks and regulatory penalties have priced lives too low. The guidance provided by the value of a statistical life, which is currently …

Hague Convention On Choice Of Court Agreements 2005: A Singapore Perspective, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

When Singapore joined the Hague Conference on 9 April 2014, it was widely anticipated that it would adopt the Hague Convention on Choice of Court Agreements 2005. This article explores the differences between the Convention regime and the common law position in Singapore, the likely effects of the adoption of the Convention under Singapore law, as well as the considerations that are likely to influence Singapore's approach to the adoption of the Convention.

Mortgagee’S Right To Take Possession Subject To Existing Lease: United Overseas Bank Ltd V Loh Boon Hua [2015] Sghcr 9, Alvin W. L. See

Research Collection Yong Pung How School Of Law

This case raises the interesting issue of whether a mortgagee’s right to enter into possession of a mortgaged property upon the mortgagor’s default is subject to a prior and existing lease. The determination of this issue has important implications given Singapore’s sizeable rental market and the absence of prohibition against a landlord mortgaging a property that is already rented out.

Negotiation And Memory, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the short term memory, and how we can make the most use of it in negotiation is explored.

People's Republic Of China - Personal Income Tax, Olive E. Bell

Georgia Journal of International & Comparative Law

No abstract provided.

Everything I Know About Dispute Resolution Is Wrong – Especially What You Say About It, John Lande

Faculty Blogs

This post describes an extremely provocative discussion in a session at the ABA Section of Dispute Resolution conference.

Book Review: El Conflicto Honduras - El Salvador Y El Orden Juridico Internacional. James Rowles. Editorial Universitario Centroamericana (Educa). Costa Rica, 1980., José R. Pagés

Georgia Journal of International & Comparative Law

No abstract provided.

Customs Valuation In The European Economic Community, William M. Snyder

Georgia Journal of International & Comparative Law

No abstract provided.

Parliamentary Diplomacy And The North-South Dialogue, Noel Lateef

Georgia Journal of International & Comparative Law

No abstract provided.

Statewide Partnerships Through Community Mediation Center Grant Program, Madhawa Palihapitiya, Rosalind Cresswell

Office of Community Partnerships Posters

The Community Mediation Center Grant Program is administered by the Massachusetts Office of Public Collaboration to advance the public mission of community mediation in the Commonwealth.

The Role Of International And Regional Organizations In The Peaceful Settlement Of Internal Disputes (With Special Emphasis On The Organization Of African Unity), His Excellency Radha Krishna Ramphul

Georgia Journal of International & Comparative Law

No abstract provided.

La Vida Es Un Conflicto, Pero Hay Que Llevar Soluciones: La Resolución De Conflicto En Comunidades Rurales De San Ramón Nicaragua A Través De Facilitadores Judiciales Rurales Y Mediación, Marlee Raible

Independent Study Project (ISP) Collection

In rural parts of Nicaragua historically there has not been a lot of access to the justice system. Conflicts have been going unresolved for years leading to a high amount of violence as people take justice into their own hands. The recent implementation of the Rural Judicial Facilitators Program (RJFP) is an effort to provide access to justice directly in rural communities. These facilitators are trained to use mediation as their principal method to resolve conflict.

This study exposes perceptions of mediation and the RJFP from community members, facilitators, and judiciaries. It discusses the key role of the facilitator in …

The Health Of International Arbitration: Counterpoise And Common Sense, William W. Park

Shorter Faculty Works

No abstract provided.

Eyes Wide Shut On Isds, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

Recent agreement among congressional leaders on a “fast-track” bill may have been a victory for the Obama administration’s trade agenda. However, members of congress should take a look at the recent Bilcon case, decided by a NAFTA tribunal, to understand what they are signing up for.

Mediation, Seng Onn Loong, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

The mediation movement in Singapore was actively revived in the 1990s. Currently, mediation is not only used for private disputes but forms an integral part of the Singapore legal system. It is widely used as a mechanism of dispute resolution in courts, government departments, businesses and other specific industries.

Illusions Of Competence, John Lande

Faculty Blogs

This post riffs on BARBRI’s “State of the Legal Field Survey” reporting that “71 percent of 3L law students believe they possess sufficient practice skills. In contrast, only 23 percent of practicing attorneys who work at companies that hire recent law school graduates believe recent law school graduates possess sufficient practice skills.” Making it personal, I asked readers if they would be confident that a recent law graduate would do a good job in handling a garden-variety legal case of theirs. I wouldn’t.

Increasing Innovation In Legal Process: The Contribution Of Collaborative Law, Martha Emily Simmons

PhD Dissertations

This dissertation examines the role of innovation in resolving complex disputes, using Collaborative Law as its case study. Innovation, for the purposes of this research, can be defined as applied creativity that leads to optimal resolution for clients. The process of innovation is required to resolve complex problems, which are increasingly prevalent in legal, economic and social spheres. Collaborative Law indeed has the capacity to resolve such issues in the legal realm. Collaborative Law is a process by which parties and their lawyers enter into a binding contract that limits the representation to a facilitative problem-solving process with the intent …

Negotiating And Drafting The International Sales Contract And Related Agreements, John Gornall

Georgia Journal of International & Comparative Law

No abstract provided.

Enforcement Of Foreign Arbitral Awards - The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, Susan P. Brown

Georgia Journal of International & Comparative Law

No abstract provided.

The Transfer Of Technology And Unclos Iii, Douglas Yarn

Georgia Journal of International & Comparative Law

No abstract provided.