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Dispute Resolution and Arbitration Commons

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2018

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Articles 91 - 120 of 321

Full-Text Articles in Dispute Resolution and Arbitration

New Online Service On International Arbitration, Adeline Chong Jun 2018

New Online Service On International Arbitration, Adeline Chong

Research Collection Yong Pung How School Of Law

The Chinese perspective on The South China Sea Arbitration, is just one of the 40+ texts searchable on the new online service, International Arbitration.The service is made up of content from three respected publishing brands (Hart Publishing, CH Beck-Nomos and Bloomsbury Professional). It provides access to materials by over 60 respected author names with the speed and convenience of online research.


The Trump-Kim Summit: Is “Attitude” More Important Than Preparation?, Nadja Alexander Jun 2018

The Trump-Kim Summit: Is “Attitude” More Important Than Preparation?, Nadja Alexander

Research Collection Yong Pung How School Of Law

Here in Singapore, along with the rest of the world, we await the Trump-Kim Summit scheduled for Tuesday 12 June. What can we expect? While we may have learned to expect the unexpected from these two leaders, Donald Trump and Kim Jong-Un, recent media reports have highlighted one apparently predictable feature of Trump’s negotiation approach. As a CNN reporter framed it: “Trump picks ‘attitude’ over prep work ahead of Singapore summit”. In relation to the Summit, Trump has reportedly said, it is about attitude not preparation. Earlier this year as he rejected Japan’s proposal for a tripartite co-ordination of the …


Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas Jun 2018

Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas

Brooklyn Journal of International Law

The recent warming of relations between the United States and Cuba offered generations of Cubans; Americans; and Cuban Americans renewed hope for normalized relations. One obstacle—satisfactory resolution of property claims—stands in the way; which dates back to the Cuban government’s nationalization of all U.S. assets on the island. The Cuban Liberty and Democratic Solidarity Act of 1996 (the “Helms-Burton Act”) predicates resolution of these decades-old property claims by the Cuban government as an essential condition for the full resumption of economic and diplomatic relations between the two neighbors. Separated by only ninety miles of Caribbean Sea; but more than a …


Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski Jun 2018

Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski

Brooklyn Journal of International Law

As the world has transitioned from national; isolated economies with localized issues into a globalized and interconnected economy with cross-border disputes; the law has struggled to keep up. Recent trade negotiations have highlighted the difficulty states face in promoting trade; while also creating a fair; accessible; and equitable forum for producers and consumers with nationalities touching every area of the globe. For several decades; Investor-State Dispute Settlement (ISDS) has been in place to address claims brought by foreign investors against the host states. External improvements have helped support foreign direct investment and the ISDS model of dispute resolution; such as …


A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements, Brielle Oshinsky Jun 2018

A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements, Brielle Oshinsky

Brooklyn Journal of Corporate, Financial & Commercial Law

Recently, federal circuit courts have presented contrasting outcomes regarding the legality of mandatory class action waivers in arbitration agreements. More specifically, these outcomes vary on whether such waivers violate the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA), and importantly, whether it is possible for these statutes to coexist with the Federal Arbitration Act (FAA). The Second, Fifth, and Eighth Circuits have previously held that the act of an employer requiring employees to sign class action waivers in arbitration agreements posed no violation to either the FLSA or the NLRA. However, in May 2016, the Seventh …


Global Reform Of Investor-State Arbitration: A Tentative Roadmap Of China’S Emergent Equilibrium, Mark Mclaughlin Jun 2018

Global Reform Of Investor-State Arbitration: A Tentative Roadmap Of China’S Emergent Equilibrium, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

Investor-State arbitration is in a state of flux. In recent years, doubts about its adequacy have become apparent: questions of coherence, consistency, legitimacy, and utility have rendered fragile the central place of investor-State arbitration in global foreign direct investment (FDI) governance. Three threads of reform have been advanced as a corrective to these deficiencies, encompassing incremental reform, institutional reform, and fundamental reform. China is perhaps the most influential nation not to have declared a preference for one future or another. For over a decade, the Chinese approach to investor-State arbitration has been in a state of disequilibrium: bilateral investment treaties …


Dispute Resolution In The Digital Age - Online Dispute Resolution, Amy J. Schmitz May 2018

Dispute Resolution In The Digital Age - Online Dispute Resolution, Amy J. Schmitz

Open Educational Resources

Dispute Resolution in the Digital Age includes the resources created and used by Professor Amy J. Schmitz at the University of Missouri School of Law to teach online dispute resolution. These materials are created as as open educational resources under a Creative Commons BY-NC 4.0 license. The materials may be shared and adapted as long as Prof. Schmitz receives attribution and the use is non-commercial.


Contents, Nicole M. Hogan May 2018

Contents, Nicole M. Hogan

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Symposium Transcript: Pepperdine Drlj Symposium 2018, Jenna King May 2018

Symposium Transcript: Pepperdine Drlj Symposium 2018, Jenna King

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf Von Kumberg May 2018

Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf Von Kumberg

Pepperdine Dispute Resolution Law Journal

This paper argues that the current criticisms of Investor-State Dispute Settlement (ISDS) are ill-informed, and attempts at reforming the system are misguided. The definition of ISDS itself has been, for a long time, limited to investment quasi-judicial bodies or at best arbitration. Analysis of the roots of the ever growing backlash reveals that the main causes for concern are politically negotiated investment treaties, an inherently biased system, lack of transparency, and inconsistent decision-making. Examination of the core reasons behind these complaints leads to the conclusion that the EU Commission’s solution to reform ISDS through a permanent court raises more issues …


The Cyprus Banking Haircut And Human Rights, The Way To Go?, Venetia Argyropoulou May 2018

The Cyprus Banking Haircut And Human Rights, The Way To Go?, Venetia Argyropoulou

Pepperdine Dispute Resolution Law Journal

The Cyprus Banking Haircut of 2013 (Cyprus Haircut or Haircut) was unprecedented and had devastating implications for investors. However, more than four years after the Cyprus Haircut of 2013, account holders and shareholders in Cyprus’ two largest banks at the time—Bank of Cyprus and Cyprus Popular Bank—still do not have any available recourse for their losses. Indeed, despite account holders having resorted to national courts in the Republic of Cyprus, the Court of Justice of the European Union (CJEU) and international tribunals, such as the International Centre for Settlement of Investment Disputes (ICSID). Despite making human rights’ claims in all …


Alternative Dispute Resolution In Africa: Is Adr The Bridge Between Traditional And Modern Dispute Resolution?, Catherine Price May 2018

Alternative Dispute Resolution In Africa: Is Adr The Bridge Between Traditional And Modern Dispute Resolution?, Catherine Price

Pepperdine Dispute Resolution Law Journal

This article advocates for using Ghana’s introduction of ADR as a model for other African countries. Like Ghana, most African countries have adopted a form of ADR based on Western nations; however, as African culture and legal systems are quite different than Western culture, modifications are necessary. Ghana’s experience shows that modern ADR can be adopted into African countries, but an understanding of the traditional mechanisms is necessary. Part II of this article provides an introduction of ADR and its historical context in Africa. Part III examines customary and modern dispute resolution. It looks at the relationship between the two …


Conceptualizing A Framework Of Institutionalized Appellate Arbitration In International Commercial Arbitration, Axay Satagopan May 2018

Conceptualizing A Framework Of Institutionalized Appellate Arbitration In International Commercial Arbitration, Axay Satagopan

Pepperdine Dispute Resolution Law Journal

The absence of the option to prefer substantive appeals from arbitral adjudication is a conspicuous systemic peculiarity of the arbitral process. While this absence has for the most part been accepted without question or resistance as being an axiomatic entailment of the arbitral process, the last two decades have witnessed an increasing amount of criticism directed at it, both from scholarship as well as the business community. The criticism has been especially emphatic, in relation to international commercial arbitrations, a sizeable proportion of which pertain to complex and high stake disputes. Moreover, there has been a concurrent increase in the …


Mets Players Arbitration Results, Edmund P. Edmonds May 2018

Mets Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.


New York Mets Arbitration Hearings Chart, Edmund P. Edmonds May 2018

New York Mets Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.


Athletics Players Arbitration Results, Edmund P. Edmonds May 2018

Athletics Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.


Diamondbacks Players Arbitration Results, Edmund P. Edmonds May 2018

Diamondbacks Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.


Cincinnati Reds Arbitration Hearings Chart, Edmund P. Edmonds May 2018

Cincinnati Reds Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.


Arizona Diamondbacks Arbitration Hearings Chart, Edmund P. Edmonds May 2018

Arizona Diamondbacks Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.


Toronto Blue Jays Arbitration Hearings Chart, Edmund P. Edmonds May 2018

Toronto Blue Jays Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.


Kansas City Royals Arbitration Hearings Chart, Edmund P. Edmonds May 2018

Kansas City Royals Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.


Chicago Cubs Arbitration Hearings Chart, Edmund P. Edmonds May 2018

Chicago Cubs Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.


Tampa Bay Rays Arbitration Hearings Chart, Edmund P. Edmonds May 2018

Tampa Bay Rays Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.


Oakland Athletics Arbitration Hearings Chart, Edmund P. Edmonds May 2018

Oakland Athletics Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.


Blue Jays Players Arbitration Results, Edmund P. Edmonds May 2018

Blue Jays Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.


Cubs Players Arbitration Results, Edmund P. Edmonds May 2018

Cubs Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.


Astros Players Arbitration Results, Edmund P. Edmonds May 2018

Astros Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.


Rays Players Arbitration Results, Edmund P. Edmonds May 2018

Rays Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.


Reds Players Arbitration Results, Edmund P. Edmonds May 2018

Reds Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.


Royals Players Arbitration Results, Edmund P. Edmonds May 2018

Royals Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.