Dispute Resolution and Arbitration Commons^™

When Contractual Good Faith Meets A Controversial M&A Issue: The Sandbagging Practice In International Arbitration, Maxime Panhard

The International Lawyer

No abstract provided.

Mending The Wound Or Pulling It Apart? New Proposals For International Investment Courts And Fragmentation Of International Investment Law, Jaemin Lee

Northwestern Journal of International Law & Business

Robust discussions on standing investment courts are currently taking place at various fora. In particular, negotiations to include bilateral investment courts in IIAs are in full swing and leading to the creation of such courts. On the other hand, negotiation for a multilateral investment court has yet to start. Even if negotiation begins, it is not clear how long it will take and whether it will indeed lead to a successful conclusion. As such, for a significant amount of time in the future, it is bilateral investment courts that states administer to resolve investment disputes. Bilateral investment courts, however, will …

Gender And Justice In Family Law Disputes: Women, Mediation, And Religious Arbitration, Amelia K. Philips

Arbitration Law Review (2009 - Present)

No abstract provided.

Deliberative Public Engagement With Science: An Empirical Investigation, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Frank J. Gonzalez, Alan Tomkins

Lisa PytlikZillig Publications

The purpose of this book is to share some results and the data from four studies in which we used experimental procedures to manipulate key features of deliberative public engagement to study the impacts in the context of deliberations about nanotechnology. In this chapter, we discuss the purpose of this book, which is to advance science of public engagement, and the overarching question motivating our research: What public engagement methods work for what purposes and why? We also briefly review existing prior work related to our overarching goal and question and introduce the contents of the rest of the book. …

Stories Of Experience: Economic Inequality In Mediation, Robert Rubinson

All Faculty Scholarship

No abstract provided.

The State Of Investor-State Arbitration: A Reality Check Of The Issues, Trends, And Directions In Asia-Pacific, Julien Chaisse, Rahul Donde

The International Lawyer

No abstract provided.

Rule Of Law In The U.A.E.: The Peaceful Path To Nation-Building In Abu Dhabi And The U.A.E. Through Global Best Practices, Valerie J. Pelton

The International Lawyer

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 20, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges

Nevada Law Journal

No abstract provided.

Overcoming Roadblocks To Reaching Settlement In Family Law Cases, John M. Lande

Faculty Publications

In “litigation as usual,” settlement often comes only after adversarial posturing, the original conflict escalates, the relationships deteriorate, the process takes too long and costs too much, and nobody is really happy with the resolution. This article describes roadblocks to negotiation and ways to overcome them to reach good settlements in family law cases.

Truth In A Post-Truth Society: How Sticky Defaults, Status Quo Bias, And The Sovereign Prerogative Influence The Perceived Legitimacy Of International Arbitration, S. I. Strong

Faculty Publications

Through empirical and theoretical studies conducted by political scientists, philosophers, psychologists, and economists, this Article demonstrates how three phenomena - sticky defaults, status quo bias, and the sovereign prerogative-work in parallel to create enduring, but demonstrably incorrect, perceptions about the legitimacy of international arbitration. Interdisciplinary research also provides a potential solution in the form of a heuristic known as the Reversal Test, which acts as an objective diagnostic tool to identify the influence of unconscious cognitive distortions such as the status quo bias. Through this analysis, this Article not only addresses one of the core paradoxes in international dispute resolution, …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 19, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Eighteenth Annual International Advocate For Peace Award, Leymah Gbowee

Cardozo Journal of Conflict Resolution

On April 27, 2018, the Cardozo Journal of Conflict Resolution presented the Eighteenth Annual International Advocate for Peace Award to Leymah Gbowee. What follows is a transcription of the award ceremony, including Leymah Gbowee's acceptance speech.

Truth, Justice, And The Shaanxian Way: Revisiting The Story Of Qiu Ju, Ilhyung Lee

Cardozo Journal of Conflict Resolution

Qiu Ju da guansi is a Chinese film by renowned director Zhang Yimou. Known as The Story of Qiu Ju in the West, the main character is a woman in rural China who seeks a satisfactory resolution after her husband is physically assaulted by the local representative of a state agency. After its release in 1992, the film received significant attention from reviewers, and, over the years, commentators from various disciplines. This Article builds on that commentary, with a focus on the film's lessons about culture, dispute resolution, the legal process, and their intersection. After a summary of the story's …

Escaping The Logic Of Anarchy: A New Model Of Collective Security, Bryan H. Druzin

Cardozo Journal of Conflict Resolution

Past attempts to create collective security, such as the League of Nations and the United Nations, have failed. This article argues that this is because the anarchic structure of the international system does not permit a top-down approach to the problem. It is argued that the solution is to create a collective security model that is bottom-up rather than top-down.

This article proposes a model of collective security that uses positive feedback generated by network effects to trigger the bottom-up emergence of a global collective security organization. Driven by fear and self-interest, weak states join this fledgling organization, increasing its …

Arbitral Institutions Through The Magnifier: On The Nature Of Their Decisions And Exposure To Suit, Silke Noa Elrifai, Amr Arafa Hasaan, Laura Lozano

Cardozo Journal of Conflict Resolution

Arbitral institutions play an essential role in the administration of arbitration disputes. Their arbitration rules give potential disputing parties a clear understanding of the sequence of their dispute. The rules highlight both the obligations the arbitral institution agrees to assume towards the parties as well as the institution's asserted rights. Although the United Nations Commission on International Trade Law ("UNCITRAL") Model Law inspired the rules of many arbitral institutions, no institution works in a legal vacuum. They are embedded in the national legal framework of their respective locales. As a result, each set of institutional rules reflects the domestic laws, …

The Process Of Peace: Using Community Dispute Resolution To Improve The Relationship Between Police And Community In Minnesota, Kelsey Schwarzrock

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Rethinking The Law Of Legal Negotiation: Confidentiality Under Federal Rule Of Evidence 408 And Related State Laws, Richard C. Reuben

Faculty Publications

Federal Rule of Evidence 408 and related state laws are among the most important rules to implement the national policy favoring the settlement of legal disputes. These rules bar the introduction of statements made during negotiations leading to the resolution of legal disputes. However, comprehensive analysis of the rule's text, doctrinal history, and modem context demonstrates that the rule no longer meets its noble goals. Rather, the rule has evolved textually from a remarkably narrow and complex categorical presumption of inadmissibility with limited exceptions to a simpler rule that gives courts considerable deference to admit such evidence when they deem …

Introduction To "Dispute Resolution And Political Polarization", Rafael Gely

Faculty Publications

Dispute resolution practitioners and scholars know conflict. In fact, some would say that we love conflict. And yet, despite our affinity with conflict, the polarization that is evident in today's public space has been disconcerting. While we generally operate in a space where we are constantly exploring options, seeking compromise, helping participants explore their interests and finding ways to move towards agreement, what seems like an inability to even engage in any kind of dialogue is troubling. These and other related concerns led the editors of the Journal of Dispute Resolution to solicit contributions from seven well-known conflict resolution scholars …

Fashioning An Effective Negotiation Style: Choosing Between Good Practices, Tactics, And Tricks, Harold I. Abramson

Scholarly Works

This article addresses two long standing issues in negotiations. First, what choices should we make to be effective? This article offers a schema for classifying the choices into one of three categories and in so doing, classifies choices based on likely benefits and degree of risk when fashioning an effective negotiation style. The second question is how to distinguish between negotiation style, the subject of this article, and our natural conflict style. By highlighting the distinction between how we want to negotiate (negotiation style) and how we naturally negotiate (conflict style), this article offers a way to become the negotiator …

Arbitration, John Allen Chalk

SMU Annual Texas Survey

No abstract provided.

Developing Communities Of Dialogue, Jonathan R. Cohen

UF Law Faculty Publications

We live in an age where American political discourse has become highly antagonistic. Such hostile discourse may influence not just our politics but also our private lives, for the abrasiveness that we witness in political life can readily spill over into our homes, our schools, and the other realms that we inhabit. How can we resist the spread of such antagonism? This Essay makes two basic claims. First, it is important that we consider dialogue as both an individual phenomenon and as a community-based phenomenon. How we speak with one another is a function of both our individual proclivities and …

Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges

Articles

No abstract provided.

Crossing Troubled Waters: Joining Non-Signatories In Maritime Arbitration - The Co-Optation And Containment Of Consent In United States And British Law, Glenys P. Spence

Roger Williams University Law Review

No abstract provided.

Building Conflict Resilience: It's Not Just About Problem-Solving, Robert C. Bordone

Journal of Dispute Resolution

Political polarization in the United States and internationally has increased enormously in the past decade, resulting in legislative impasse in some countries, political instability and partisan re-alignment in others, and decreased levels of communication, trust, and cooperation across partisan lines in schools, communities, and across the nation. As partisan polarization has increased, I have observed several perceptible changes in the way law school students engage each other around political differences and conflict in the classroom. From conversations with my colleagues, I am not alone in observing these trends.

Justice Beyond Dispute, Mary Anne Franks

Articles

No abstract provided.

Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

None

Sixth Time’S The Charm: Rethinking The Arbitration Fairness Act To Achieve Practical Reform, Morgan Stanley

Arbitration Law Review (2009 - Present)

No abstract provided.

America First? How To Take A Balanced Approach To Reforming The Isds Provision In Nafta, Robert J. Gross Jr.

Arbitration Law Review (2009 - Present)

No abstract provided.

Guyana-Venezuela Border Dispute: Seeking A Peaceful Solution, Aaron Marcus Homer

Dissertations and Theses

The purpose of this thesis is to examine and evaluate the effectiveness of those dispute settlement mechanisms that are capable of resolving the Guyana-Venezuela border dispute. This thesis will analyze those legal principles and/or techniques of the International Court of Justice, mediation and the Permanent Court of Arbitration, which are indispensable for dispute resolution. I argue that a resolution is significant for the stability of the international community.

Guyana and Venezuela possess economic and political interests in the disputed Essequibo region. Venezuela’s predilection for bilateral negotiations contradicts Guyana’s request for a judicial solution. These extreme positions are not novel but …