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2022

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Articles 181 - 202 of 202

Full-Text Articles in Dispute Resolution and Arbitration

Hook, Line, And Sinker: The Use Of Subsidies, The Globalized System Of Preferences, And Arbitration To Save Our Ocean's Fish, Lindsy Maglich Jan 2022

Hook, Line, And Sinker: The Use Of Subsidies, The Globalized System Of Preferences, And Arbitration To Save Our Ocean's Fish, Lindsy Maglich

Cardozo Journal of Conflict Resolution

In the wee hours of the morning, local fishermen from the impoverished West African country of Senegal head out to sea on their hand-hewn canoes, hoping to catch fish to bring home to sell for income. Thirty years ago these fishermen would bring in nets full of fish, yet these days the smaller local fisherman cannot compete with the Chinese megatrawlers sweeping their mile-long nets through the waters off of West Africa. Because Chinese fishing fleets have depleted the seas of fish near their home, China has sent 2,600 fishing vessels across the world to exploit the waters of other …

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Charting A Middle Course For Court-Connected Mediation, John Lande Jan 2022

Charting A Middle Course For Court-Connected Mediation, John Lande

Journal of Dispute Resolution

Court-connected mediation programs have produced important benefits for parties, practitioners, courts, and society generally. These programs have helped lawyers settle tough cases and generally manage their workload while their clients retain the power to litigate if they cannot reach an acceptable agreement. Courts have created and enforced rules to protect the integrity of process so that parties’ time and money in mediation are well spent.

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The Need For Mediation In Internal Whistleblowing Mechanisms, Elad Michael Jan 2022

The Need For Mediation In Internal Whistleblowing Mechanisms, Elad Michael

Cardozo Journal of Conflict Resolution

No abstract provided.

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The Effects Of The Global Financial Crisis On Employment Arbitration: Evidence From The Securities Industry Discrimination Complaints, Aibak Hafeez Jan 2022

The Effects Of The Global Financial Crisis On Employment Arbitration: Evidence From The Securities Industry Discrimination Complaints, Aibak Hafeez

Journal of Dispute Resolution

This paper examines how the Global Financial Crisis (GFC) 2008-09 influenced the usage and outcomes of discrimination arbitration cases for employee plaintiffs in the securities industry. It casts light on whether arbitration is able to serve as an appropriate and preferable workplace dispute resolution system during a macroeconomic crisis when aggrieved employees are most vulnerable and financially powerless. Macroeconomic recessionary periods are characterized with an increase in employment discrimination claims. As the labor market becomes slack during an economic recession, it becomes easier for firms to indulge in discriminatory behavior. In such a scenario, employee-plaintiffs desire an inexpensive, faster, and …

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The Role Of Investor-State Tribunals In Determining The Scope And Content Of The Fair And Equitable Treatment Standard – Legitimate Expectations And Proportionality, Simon Bianchi Jan 2022

The Role Of Investor-State Tribunals In Determining The Scope And Content Of The Fair And Equitable Treatment Standard – Legitimate Expectations And Proportionality, Simon Bianchi

LL.M. Essays & Theses

In recent years, the legitimacy of the investor-State dispute settlement (“ISDS”) has been called into question and several initiatives, such as the UNCITRAL Working Group III, are currently looking at various ways to enhance such legitimacy and ensure the sustainability of ISDS. In this respect, certain scholars like Professors Sornarajah and van Harten claim that the interpretative process undertaken by investor-State tribunals has contributed to this legitimacy crisis among others because the application of vague standards, such as fair and equitable treatment (“FET”), involves applying subjective notions of what adjudicators perceive as desirable developments of investment law. By contrast, other …

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The Role Of Arbitral Tribunals In Determining The Scope Of The Fair And Equitable Treatment Standard, Thomas Ferguson Whip Jan 2022

The Role Of Arbitral Tribunals In Determining The Scope Of The Fair And Equitable Treatment Standard, Thomas Ferguson Whip

LL.M. Essays & Theses

Whether or not investor-State dispute settlement (“ISDS”) faces a “legitimacy crisis,” there is a “growing consensus” that it requires reform. The development of the fair and equitable treatment standard (“FET standard”) by arbitral tribunals been a salient factor in fomenting this consensus and is the subject of several reform proposals. A number of scholars, including Professors Sornarajah and Gus van Harten, claim the interpretative process undertaken by tribunals in relation to the FET standard has contributed to ISDS’ legitimacy crisis because it involves applying subjective notions of what adjudicators perceive to be desirable developments of the law. On the other …

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At The Intersection Of Diplomacy And International Law: The Isds Reform Process, Chiara Giorgetti Jan 2022

At The Intersection Of Diplomacy And International Law: The Isds Reform Process, Chiara Giorgetti

Law Faculty Publications

Diplomacy and international law are highly interactive and interdependent, as Margaret McGuinness and David Stewart explain well in the introduction of this book. This is especially true in international dispute settlement, where diplomacy and international law build on each other as essential tools for the maintenance of peace. From the creation of new international courts and tribunals to enforcement of many international awards and judgments, diplomacy plays a crucial role in fostering and strengthening dispute resolution. ...

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Faculty List Jan 2022

Faculty List

Journal of Dispute Resolution

No abstract provided.

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Description Jan 2022

Description

Journal of Dispute Resolution

No abstract provided.

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Table Of Contents Jan 2022

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

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Questions Of Arbitrability In The World: Comparing The Jurisprudence Of The United States And India, Henry Sivils Jan 2022

Questions Of Arbitrability In The World: Comparing The Jurisprudence Of The United States And India, Henry Sivils

Journal of Dispute Resolution

If a matter is not arbitrable, then it may not be arbitrated.2 Arbitrability, generally, refers to the authority that an arbitrator possesses to decide a matter.3 A challenge to that authority is considered a “question of arbitrability.”4 There are three types of questions of arbitrability: (1) substantive challenges that a dispute is not arbitrable under the terms of an arbitration clause; (2) the contention that, despite substantive arbitrability, procedural circumstances exist that prevent arbitration; and (3) “post-award attacks on an arbitrator’s decision.”5 Of those three, “whether a matter is arbitrable under a given arbitration clause” has had recent developments in …

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Masthead Jan 2022

Masthead

Journal of Dispute Resolution

No abstract provided.

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State Legislative Update, Katey Peters, Caleb Rutledge, Tim Richard, Joel Smith Jan 2022

State Legislative Update, Katey Peters, Caleb Rutledge, Tim Richard, Joel Smith

Journal of Dispute Resolution

The State Legislative Update is compiled and written annually by the Journal of Dispute Resolution’s Associate Members under the direction of the Associate Editor in Chief. It is designed to provide readers with a listing of pertinent legislation affecting the field of alternative dispute resolution (“ADR”) and a more detailed look at certain bills because of their importance or novelty within the field. This year’s State Legislative Update is especially important because the operations of state legislatures were altered due to the COVID-19 Pandemic.**

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In Words Of The Pandemic, Arbitration Jurisprudence Needs A Ventilator, Bartholomew L. Mcleay Jan 2022

In Words Of The Pandemic, Arbitration Jurisprudence Needs A Ventilator, Bartholomew L. Mcleay

Journal of Dispute Resolution

The COVID-19 pandemic and arbitration share a few chronic symptoms. There are conflicting opinions about the standards for governing rulemaking, a debate on whether state policy or federal authority should control, and questions about the jurisdiction and neutrality of decisionmakers responsible for providing solutions. For those seeking review of an arbitration award today, like the current health environment, the situation is disconcerting. No herd immunity or PPE exists to protect challengers against the legal contagion spreading through the arbitration review process.

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Preserving The Relationship: Addressing The Covid Eviction Crisis Through Equitable Mediation, Cade Jones Jan 2022

Preserving The Relationship: Addressing The Covid Eviction Crisis Through Equitable Mediation, Cade Jones

Journal of Dispute Resolution

Not only has the coronavirus pandemic (“COVID-19”) has taken many lives, another substantial side effect are that many Americans are at risk of eviction because of the current COVID-19 pandemic. Since the pandemic began, more than 20 million renters have suffered job loss because of COVID-19. One particular aspect of daily life the pandemic has impacted is landlord-tenant relationships because tenants cannot make rent payments to the landlord which then leads to a landlord filing for bankruptcy. With tenants not making rent payments due to job loss, it has produced a detriment with landlord-tenant relationships that could produce a ripple …

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Restorative Justice: An Alternative Dispute Resolution Approach To Criminal Behavior, Kayla Welch Jan 2022

Restorative Justice: An Alternative Dispute Resolution Approach To Criminal Behavior, Kayla Welch

Journal of Dispute Resolution

Beginning with the end of the Mass Prison Era in the late 1800s, Americans have looked for a better way to respond to crime and those who commit it. Since the Reformatory Era, the United States has swayed between punitive models based on either the Reformatory or Retributive theories. Despite the changes we have made, our criminal justice system suffers from long waiting periods for a trial, overburdened public defenders, overcrowded jails and prisons that often lead to unsafe conditions for the inmates and corrections officers, and many other problems.

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Empirical Analysis Of National Court Enforcement Of International Commercial Arbitration Awards, Roger P. Alford, Crina Baltag, Matthew E.K. Hall, Monique Sasson Jan 2022

Empirical Analysis Of National Court Enforcement Of International Commercial Arbitration Awards, Roger P. Alford, Crina Baltag, Matthew E.K. Hall, Monique Sasson

Journal Articles

The empirical research in this article relies on a data set including all national court decisions on recognition, enforcement and setting aside (vacatur) of international commercial arbitration awards available in the Kluwer database that were rendered from 1 January 2010 to 1 June 2020. Within the time parameters of this study, there were 504 vacatur actions and 553 offensive recognition and enforcement actions. Those decisions were rendered by national courts in 74 different jurisdictions.

The research coded every argument raised by defendants challenging the recognition and enforcement of awards based on grounds set forth in Article V of the United …

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Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini Jan 2022

Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini

Articles

This Article provides a unique glimpse into the development of an early-intervention, pre-court, interdisciplinary dispute resolution project intended to decrease evictions and increase housing stability for recipients of subsidized housing in Seattle. With a grant from the Seattle Housing Authority (SHA), a coalition of non-profit organizations had the rare opportunity to design a dispute resolution system into existence. A dispute system design team was formed and began by examining the interconnected problems of housing instability, eviction, and houselessness. Despite thorough research on dispute system design and extensive meetings with stakeholders, the deign team encountered numerous challenges. This Article identifies the …

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The Role Of The Registry And Legal Division Of The African Court Of Human And People's Rights In Dispute Settlement, Olabisi D. Akinkugbe, Morris K. Odeh Jan 2022

The Role Of The Registry And Legal Division Of The African Court Of Human And People's Rights In Dispute Settlement, Olabisi D. Akinkugbe, Morris K. Odeh

Articles, Book Chapters, & Popular Press

This Essay explores whether the African Court of Human and People's Rights’ (African Court) Registry and Legal Division have a similar expansive role in the dispute settlement mechanism as the World Trade Organization's (WTO) Secretariat. The African Court is the African Union's regional body for enforcing human rights. This Essay contributes to the scholarship on African international courts by testing the central arguments in Pauwelyn and Pelc's “Who Guards the ‘Guardians of the System’? The Role of the Secretariat in WTO Dispute Settlement” through a comparative analysis of the role of the Secretariat within the African Court. Despite the growing …

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Re-Formulating The Test For Ascertaining The Proper Law Of An Arbitration Agreement: A Comparative Common Law Analysis, Darius Chan, Jim Yang Teo Jan 2022

Re-Formulating The Test For Ascertaining The Proper Law Of An Arbitration Agreement: A Comparative Common Law Analysis, Darius Chan, Jim Yang Teo

Research Collection Yong Pung How School Of Law

Following two recent decisions from the apex courts in England and Singapore on the appropriate methodology to ascertain the proper law of an arbitration agreement, the positions in these two leading arbitration destinations have now converged in some respects. But other issues of conceptual and practical significance have not been fully addressed, including the extent to which the true nature of the inquiry into whether the parties had made a choice of law is in substance an exercise in contractual interpretation, the applicability of a validation principle, and the extent to which the choice of a neutral seat may affect …

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What’S Going On? An Overview Of Diversity, Equity, And Inclusion Dispute Resolution Initiatives In New York, Robyn Weinstein, Michelle Lavrichenko Jan 2022

What’S Going On? An Overview Of Diversity, Equity, And Inclusion Dispute Resolution Initiatives In New York, Robyn Weinstein, Michelle Lavrichenko

Articles

Leaders in the dispute resolution profession in New York State have been working to implement various fellowships, mentorship programs, scholarships, and other initiatives aimed at increasing diversity, equity, and inclusion in the field of dispute resolution. This article will provide an overview of the current ADR-related diversity, equity, and inclusion initiatives throughout New York and introduce you to five individuals participating in DEI ADR fellowships and mentorship programs across the state.

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Doctrinal Conflict In Foreign Investment Regulation In India: ​​Ntt Docomo Vs. Tata Sons And The Case For “Downside Protection”, M. P. Ram Mohan, Nobuhisa Ishizuka, Sidharth Sharma Jan 2022

Doctrinal Conflict In Foreign Investment Regulation In India: ​​Ntt Docomo Vs. Tata Sons And The Case For “Downside Protection”, M. P. Ram Mohan, Nobuhisa Ishizuka, Sidharth Sharma

Faculty Scholarship

The strategic importance of India as an investment destination for foreign investors is highlighted by ongoing tensions in the Indo-Pacific region and the recognition that a strong economic relationship with India is in the interests of countries seeking a more stable balance of power in the region. From a policy perspective, India has struggled to balance its own economic interests with the commercial requirements of investors. Rules attempting to strike this balance have created uncertainties that have resulted in investors seeking greater protections for their investments, which in turn have triggered additional regulatory responses that enforce India’s policy preferences. The …

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