Dispute Resolution and Arbitration Commons^™

Remuneration Of The Arbitrators In International Commercial Arbitration: Arbitrators’Authority In Setting Their Fees And The Oversight Role Of The Judiciary, Mosleh Ahmad Tarawneh, Abdullah Aldmour

UAEU Law Journal

This article examines the nature and the enforceability of arbitrators’ authority in setting their fees. It seeks to identify the different methods, factors, determinants of calculating fees, and the guarantees that entitle them to meet these fees. The fundamental question is: Could the arbitrators force the parties to pay their fees by issuing an award against them? The Article will also examine the role of the national courts in setting or controlling the fees of the arbitrators and the advance payment of arbitration costs.

Keywords: International Commercial Arbitration, Arbitrators, Remuneration of the Arbitrators, Cost-control, Advance payment on Cost, Jordanian Arbitration …

The Invalidity Of The Arbitration Award In The Saudi Law, Hussein Shehada Al Hussein

UAEU Law Journal

The judicial ruling is issued by the judges of the State whom are appointed, after the verification of certain conditions on both personal and scientific sides. Despite their scientific and practical qualification, the judgments of the State's jurisdiction shall be subject to appeal according to the judicial system of each country, unlike the arbitration awards. It should be noted that most of the Arab arbitration laws do not stipulate conditions in the arbitrator related to the scientific field , where the illiterate person in some countries can be arbitrator, The arbitration Law in Saudi did not require that the arbitrator …

Maintaining The Attractiveness Of Arbitration In A Changing World: The Acica Arbitration Rules And The Siac Arbitration Rules, Gabriel Moens, Camilla Andersen, Tracy Albin

UAEU Law Journal

Australian Centre for International Commercial Arbitration – Singapore International Arbitration Centre – Arbitration – Emergency Arbitrator – Interim Measures of Protection – Consolidation – Joinder – Confidentiality – Experts – Mediation – Judicialization of Arbitration – Popularity of Arbitration This article reviews the revised arbitration rules adopted by the Australian Centre for International Commercial Arbitration and the Singapore International Arbitration Centre. The rules of these prominent arbitration institutions are described, analysed and compared with each other. The authors concentrate on the most important revisions, including those relating to emergency arbitrators, interim measures of protection, and consolidation and joinder, among others. …

The Means Of Settling Disputes In The Securities Market: A Comparative Study, Dr. Yasser Bassem Al-Sabawi

UAEU Law Journal

time being, one of the most important types of investments and the most important funding source for States. For the purpose of protecting investment and investors at the same time from the damage that may have been occurred as a result of speculation unlawful acts committed by speculators in the money market, the legislator has prohibited in most of the countries that organize this investment dealing with stock markets, only through the intermediary companies and they are joint stock companies called listed securities. The perception is that disputes may rise between the client and this type of companies, so it …

Should The European Union Fix, Leave Or Kill The Energy Charter Treaty?, Martin Dietrich Brauch

Columbia Center on Sustainable Investment Staff Publications

In the early 1990s, the European Economic Community – the predecessor of the European Union (EU) – spearheaded an initiative to promote international cooperation in the energy sector, particularly with post-Soviet States in Eastern Europe and Central Asia. Out of this process the Energy Charter Treaty (ECT) was born in 1994. Going much beyond international cooperation, the treaty allows foreign investors in the energy sector to sue their host States in international arbitral tribunals and claim monetary compensation when policy measures and other State action affect their interests.

Fast-forward to 2021. With 135 known cases initiated to date, the ECT’s …

Introduction To Symposium On "Adr's Place In Navigating A Polarized Era", Nancy A. Welsh

Faculty Scholarship

Ours is a nation built for conflict, for friction. Such conflict, while painful, can be good. It can signal newfound agency, and it can be a catalyst for dialogue, customized and creative solutions, and ultimately progress. This is what many dispute resolution academics teach their students. But we are caught in such an extraordinarily polarized time, and many wonder what role ADR can and should play in navigating a polarized era. That was the question addressed by Texas A&M School of Law's March 2020 symposium, with the resulting articles - by Baruch Bush & Peter Miller, Jonathan Cohen, Jill DeTemple, …

To Thine Own Self Be True? Incentive Problems In Personalized Law, Jordan M. Barry, John William Hatfield, Scott Duke Kominers

William & Mary Law Review

Recent years have seen an explosion of scholarship on “personalized law.” Commentators foresee a world in which regulators armed with big data and machine learning techniques determine the optimal legal rule for every regulated party, then instantaneously disseminate their decisions via smartphones and other “smart” devices. They envision a legal utopia in which every fact pattern is assigned society’s preferred legal treatment in real time.

But regulation is a dynamic process; regulated parties react to law. They change their behavior to pursue their preferred outcomes— which often diverge from society’s—and they will continue to do so under personalized law: They …

Recommendations To Develop International Commercial Mediation In Singapore, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the recommendations of a Working Group established in April 2013 by Singapore’s Chief Justice and the Ministry of Law to transform and develop its international commercial mediation sector are presented.

The Extent Of The Arbitrator's Immunity And Liability For His Faults: Analytical Study In The Saudi And French Legal Systems, Dr. Osman Murad Khalak

UAEU Law Journal

This study deals with the examination of the immunity of the arbitrator and his responsibility for his mistakes in the performance of the arbitration task towards the parties to the arbitration dispute, in the Saudi and French systems. The arbitration function requires that the arbitrator adjudicate the disputes before him under the arbitration agreement. He must therefore enjoy the same immunity as a judge in the exercise of his or her functions so that he or she can carry out all his responsibilities without any fear of being liable and raised by the parties to the dispute, especially if his …

A Review Of The Federal Legislature Approach On The Conclusion Of An Arbitration Agreement By A Minor Authorized To Manage Or Trade, Dr. Abdullah Abdul Rahman Al-Khatib

UAEU Law Journal

This article re-examines the position of the UAE law towards the arbitration agreement when being concluded by “permitted-minor of managing or trading”. The general rules of legal competency are that a “permitted-minor” shall be considered adult, i.e. a person with full capacity, with regards to legal issues within the boundaries of that permission. Thus, making their arbitration agreement valid and binding. This article provides a new perspective to such rule and a thorough examination justifies for a different opinion. It is well established that the authority bestowed by the Permission for Managing is not as wide as of the Permission …

Adr Empirical Research Studies (Summer 2013-Fall 2022), James Coben, Donna Stienstra

ADR Empirical Research Studies

No abstract provided.

Between Backlash And The Re-Emerging “Calvo Doctrine”: Investor-State Dispute Settlement In An Era Of Socialism, Protectionism, And Nationalism, Ylli Dautaj

Northwestern Journal of International Law & Business

The Investor-State Dispute Settlement (ISDS) regime stands on shaky ground. Its legitimacy is heavily questioned by critics and a “backlash debate” has ensued. As a result, a contested and infected debate has been on-going for some years now and multiple reform proposals have been offered, ranging from (a) moderate (and sensible) reform proposals—e.g., increased transparency; the inclusion of state counterclaims; the inclusion of higher ethical standards; reformulating deference standards; applying human rights and environmental law when interpreting international investment treaties; etc.—to more (b) radical reform proposals—e.g., the elaboration of either an Appellate System or an Investment Court System (ICS). Such …

Mediation: Embedded Assumptions Of Whiteness?, Sharon Press, Ellen E. Deason

Faculty Scholarship

This article attempts to uncover some of the systemic ways in which white supremacy is expressed in the practice of mediation in the United States with the goal of inspiring additional conversations and deeper attention to these issues by scholars and practitioners in the field of dispute resolution. Our methodology is to apply the themes in Layla F. Saad’s book, Me and White Supremacy: Combat Racism, Change the World, and Become a Good Ancestor (2020). We use the lenses of tone policing, color-blindness, racial stereotyping, anti-blackness, white silence, and white supremacy to reflect on the following aspects of mediation: communication …

Enemy At The Gates: Online Dispute Resolution In The Time Of Covid-19, Justin Monahan

Law in a Post-Pandemic World

At one time, Online Dispute Resolution (ODR) was considered the future of dispute resolution. With the arrival of COVID-19, the future has rushed up to meet us. Even before the pandemic, the benefits of ODR—convenience, comfort, efficiency, and more equal power distribution—were gradually increasing its popularity. But the arrival of COVID-19 has caused this popularity to spike, transforming ODR from a convenient novelty into an absolute necessity for dispute resolution.

But ODR is subject to the limitations of its online platform. Dispute resolution methods may not function online the same way they do in person. With this difference of function …

Navigating The Human Side Of Workplace Conflict: A Comparative Study Of Organizational Ombuds' Similarities And Differences, Linda Kovack

Department of Conflict Resolution Studies Theses and Dissertations

Navigating the human side of workplace conflict poses challenges. A gap in knowledgeexists within an alternative dispute resolution option known as the organizational ombuds. Prior research referenced the ombuds' perception of his/her own role and functionality yet did not explore ombuds in differing organizational sectors. The research I explored was: What are the similarities and differences among and between ombuds in employment environments of higher education, the public or private sector, and the federal government? To address this question, I presented comprehensive case study profiles on a total of 8 organizations: 3 in higher education, 3 in the federal government, …

Masthead

Journal of Dispute Resolution

No abstract provided.

Another One Bites The Dust: How Jevic Curtailed Creditor Rights To Negotiate In And Out Of Bankruptcy, Jaden Banks

Journal of Dispute Resolution

Gone are the days of bankruptcy where the insolvent debtor faced an ignominious execution or was sentenced to lifelong imprisonment to satisfy a creditor's demand for their pound of flesh. The modern U.S. Bankruptcy System has moved beyond its focus on draconian punishment, instead, its focus is on fairness to the debtor and distribution of assets among creditors. With recent Supreme Court cases such as Jevic, significant concerns have been raised about the effectiveness of negotiated agreements, related to, but outside of bankruptcy. These concerns center on the reduction in the fairness of certain debtor tools namely prepackaged and cramdown …

Setting The Table For Mediation Success: Supporting Disputants To Arrive Prepared, Timothy Hedeen, Vittorio Indovina, Joanne Donner, Claudia Stura

Journal of Dispute Resolution

Consider the following two scenarios. Tom Jones sued his neighbor over a dispute they had regarding the boundaries of their abutting properties. Within a week of filing the suit, he received notice that a mediation had been scheduled for their case. Three weeks later he arrived at the appointed place and time of the mediation where he found his neighbor, his neighbor's attorney, and a mediator. After brief introductions, they were invited to take their seats and were provided a short overview of mediation, a process that was new and unfamiliar to Tom Jones. Two hours later, he left in …

Forgotten Heroes: The Unacceptable Results Of Military Administrative Separations, Bryan Oliver

Journal of Dispute Resolution

The United States Military is charged with protecting the interests of the United States against foreign actors that seek to undermine our safety, values, and standing as the world's leading democratic power. The performance of this duty is often carried out without a ripple in the fabric of the average citizens' daily life. The adage "no news is good news" describes the way the civilian population thinks about how the military functions. However, the civilian population of the United States should be aware of situations where service-members are not treated fairly by the military's processes.

The Alarming Legality Of Security Manipulation Through Shareholder Proposals, Artem M. Joukov, Samantha M. Caspar

Seattle University Law Review

Shareholder proposals attract attention from scholars in finance and economics because they present an opportunity to study both quasidemocratic decision-making at the corporate level and the impact of this decision-making on firm outcomes. These studies capture the effect of various proposals but rarely address whether regulations should allow many of them in the first place due to the possibility of stock price manipulation. Recent changes to shareholder proposal rules, adopted in September 2020, sought to address the potential for exploitation that some proposals create (but ultimately failed to do so). This Article shows the potential for apparently legal stock price …

Time To Panic! The Need For State Laws Mandating Panic Buttons And Anti-Sexual Harassment Policies To Protect Vulnerable Employees In The Hotel Industry, Kristy D'Angelo-Corker

Faculty Scholarship

No abstract provided.

Arbitration In The Age Of Covid: Examining Arbitration's Move Online, Amy J. Schmitz

Faculty Publications

Arbitration has been moving online over time with the growth of the Internet and Online Dispute Resolution (“ODR”), which includes use of technology to assist online negotiation, mediation, arbitration, and variations thereof. Online Arbitration (“OArb”) is nonetheless a unique subset of ODR because it usually culminates in a final and binding award by a neutral third party that is enforceable under the Federal Arbitration Act (“FAA”). Indeed, I have written about OArb on prior occasions, due to its unique status under the FAA and other arbitration laws. However, OArb was relatively limited until the COVID-19 pandemic sparked the acceleration of …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 22, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Mediating Mediation Itself: The Easy Opt-Out Model Settles The Perennial Dispute Between Voluntary And Mandatory Mediation, Giuseppe De Palo

Cardozo Journal of Conflict Resolution

The year 2020 forced all of us to confront the notion of what "voluntary" means, and whether society should mandate behaviors that experts acknowledge as beneficial for individuals and society or leave people to choose such behaviors on a "voluntary" basis. While we do not always talk about the concept of voluntariness at its most fundamental level, most of us would agree, I think, that before you can choose whether to act, you need to know something about the action requested and how it can benefit you. You also need to check in with yourself: is what you think you …

Arbitration In The Age Of Covid: Examining Arbitration's Move Online, Amy J. Schmitz

Faculty Publications

Arbitration has been moving online over time with the growth of the Internet and Online Dispute Resolution ("ODR"), which includes use of technology to assist online negotiation, mediation, arbitration, and variations thereof Online Arbitration ("OArb ") is nonetheless a unique subset of ODR because it usually culminates in a final and binding award by a neutral third party that is enforceable under the Federal Arbitration Act ("FAA"). Indeed, I have written about OArb on prior occasions, due to its unique status under the FAA and other arbitration laws. However, OArb was relatively limited until the COVID-19 pandemic sparked the acceleration …

Splitting Hairs: Resolving The Circuit Split On Aaa Incorporation In Class Arbitration Delegation, Jacob Petersen

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

The Future Of International Commercial Arbitration, George A. Bermann

Faculty Scholarship

Although international commercial arbitration is not subject to as much criticism as investor-State arbitration, it is nonetheless facing challenges going forward. These challenges are several, and only some can be addressed in this chapter. Some relate to concerns that have been with international arbitration for a long time. These include costs, delay and excessive formality, as well as arbitrator neutrality. Others – arbitration ethics, diversity, and transparency – are not new, but are taking on greater urgency. Still others simply represent new developments more or less extrinsic to international arbitration but with which international arbitration must cope. Among these changes …

Automating Fairness? Artificial Intelligence In The Chinese Court, Rachel E. Stern, Benjamin L. Liebman, Margaret Roberts, Alice Z. Wang

Faculty Scholarship

How will surging global interest in data analytics and artificial intelligence transform the day-to-day operations of courts, and what are the implications for judicial power? In the last five years, Chinese courts have come to lead the world in their efforts to deploy automated pattern analysis to monitor judges, standardize decision-making, and observe trends in society. This Article chronicles how and why Chinese courts came to embrace artificial intelligence, making public tens of millions of court judgments in the process. Although technology is certainly being used to strengthen social control and boost the legitimacy of the Chinese Communist Party, examining …

Plurilateral Cooperation As An Alternative To Trade Agreements: Innovating One Domain At A Time, Bernard M. Hoekman, Charles F. Sabel

Faculty Scholarship

At the end of 2017 different groups of WTO members decided to launch talks on four subjects, setting aside the WTO consensus working practice. This paper argues that these ‘joint statement initiatives’ (JSIs) should seek to establish open plurilateral agreements (OPAs) even in instances where the outcome can be incorporated into existing schedules of commitments of participating WTO members. Designing agreements as OPAs provides an institutional framework for collaboration among the responsible national authorities, transparency, mutual review and learning, as well as alternatives to default WTO dispute settlement procedures which may not be appropriate for supporting cooperation on the matters …

New Kid On The Block: An Introduction To The Hague Rules On Business And Human Rights Arbitration, Bhavya Mahajan

Cardozo Journal of Conflict Resolution

In the medieval European states, Lex Mercatoria, literally "Merchant Law," was a prevalent custom, which developed out of the norms and needs of the market and influenced the transborder trade practices among merchants. For redressal of trade-related disputes, arbitration was the popular method and the merchants elected their own judges in the courts of arbitration that they established. These courts developed a reputation for swift resolution of disputes using high moral standards. Non-compliance with practiced norms, or with the arbitral decisions of the courts, would solidify pariah status for the defaulting merchant in the trading community. Gradually, with the …