Dispute Resolution and Arbitration Commons^™

Confidential Settlements For Professional Malpractice, Sande L. Buhai

St. John's Law Review

(Excerpt)

A lawyer representing a plaintiff in a professional malpractice case advises her client not to file a complaint with the state regulatory body—the state bar, the medical board, or some other pertinent body—until later. The lawyer explains that she can offer to settle the case more favorably, more quickly, and at lower cost if they promise that, as part of the settlement, defendant’s malfeasance will never be reported to the state regulatory body responsible for ensuring professional competence in the area. This tactic may allow the client to negotiate a larger settlement because the defendant should be willing to …

The Paga Saga, Tamar Meshel

Pepperdine Law Review

Employees routinely enter into employment contracts that contain arbitration ‎agreements and prohibit ‎them from bringing class and/or representative actions. These employees may therefore only bring claims against their ‎employers, ‎whether contractual or statutory, in arbitration on an individual basis. Such arbitration agreements and the class/representative action waivers that they contain are enforced nationwide pursuant to the Federal Arbitration Act (FAA). In California, however, a judge-made rule (the Iskanian rule) prohibits the enforcement of representative action waivers found in arbitration agreements with respect to employees’ claims of Labor Code violations under California’s Private Attorney General Act (PAGA). A judicial battle is …

Hearing, Darius Chan, Gerome Goh

Research Collection Yong Pung How School Of Law

In certain international commercial arbitrations, for instance, in expedited proceedings under the auspices of various institutional rules, the tribunal may decide the dispute based on documentary evidence only. However, in most cases, hearings are generally conducted for the tribunal to hear examination of any factual or expert witness and/or for oral argument. It is not uncommon for there to be multiple hearings in a single arbitration, with each hearing focusing on specific procedural or substantive issues. The hearing is therefore a forum for the parties to adduce evidence and/or put forward their legal views in direct confrontation with each other. …

Burdening Assignees With Arbitration Agreements Via ‘Conditional Benefits’, Chee Ho Tham

Research Collection Yong Pung How School Of Law

In this article, the author compares two concepts that seek to explain why an assignee of a chose in action may be burdened by an arbitration agreement to which it is not privy. He posits that, of the “conditional benefits” concept and the “subject to equities” principle, the latter provides the better explanation.

International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Martine Forneret, Emily Scherker, Peter Ashford, Sabrina Janzik, Matthew J. Weldon, Robert L. Houston, Christopher Boog, Benjamin Gottlieb, Gerard Meijer, Valerie Verberne, Michael Nueber, Alexander Bezborodov, Sergey Morozov, Bruno Guandalini, Hans-Christian Salger, Thomas Försterling, Diepiriye Anga, Sae Youn Kim, Andrew White, Anne Hoffmann, Chad Catterwell, Cyril Cotterall-Debay, William Langran, Timur I. Sen, Helen Tang, Rebecca Soquier, Tracey Cui, Briana Young, Jonathan Blank, Guido Carducci, Clifford J. Hendel, Tamari J. Lagvilava, Keara A. Bergin, Christopher P. Denicola

The Year in Review

No abstract provided.

The Death And Resurrection Of Dialogue, Cardozo Journal Of Conflict Resolution

2021–2022 Flyers

On Friday, March 11, 2022, the Cardozo Journal of Conflict Resolution hosted the Melnick Annual Symposium on “The Death and Resurrection of Dialogue.”

This Symposium examined the potential of the news media to develop public discourse and prevent conflict, the importance of dialogue and civic engagement in community building, methods to bridge inequalities in communities and in mediation, and the effect of virtual and caucus-only mediation on conflict resolution.

The Journal also presented the twenty-first annual International Advocate for Peace Award to William Ury, co-founder of Harvard’s Program on Negotiation and one of the world’s leading experts on negotiation and …

Developing Brunei Darussalam As An Asean Hub For International Islamic Finance Dispute Resolution: Opportunity Or Over-Ambition?, Nobumichi Teramura

Centre for Commercial Law in Asia

International dispute resolution is only at an early stage of development in Brunei. Although the government established the Brunei Darussalam Arbitration Centre (BDAC) in 2014 to provide domestic and international users with arbitration and mediation services, the institution has yet to attract a significant caseload. This is in contrast with neighbouring countries such as Singapore (a regional hub for international dispute resolution) and Malaysia (an active and rising centre of dispute settlement). Their flagship arbitration institutions, the Singapore International Arbitration Centre (SIAC) and the Asian International Arbitration Centre (AIAC) (formerly known as the Kuala Lumpur Regional Centre for Arbitration), handle …

The New Bailments, Danielle D’Onfro

Washington Law Review

The rise of cloud computing has dramatically changed how consumers and firms store their belongings. Property that owners once managed directly now exists primarily on infrastructure maintained by intermediaries. Consumers entrust their photos to Apple instead of scrapbooks; businesses put their documents on Amazon’s servers instead of in file cabinets; seemingly everything runs in the cloud. Were these belongings tangible, the relationship between owner and intermediary would be governed by the common-law doctrine of bailment. Bailments are mandatory relationships formed when one party entrusts their property to another. Within this relationship, the bailees owe the bailors a duty of care …

Online Falsehoods, Constitutional Free Speech And Its Limits: The Online Citizen V The Attorney-General, Gary K. Y. Chan

Research Collection Yong Pung How School Of Law

The Singapore Court of Appeal has for the first time in The Online Citizen v The Attorney-General (8 October 2021) adjudicated on the constitutionality of correction directions issued by Ministers against allegedly false statements of fact under the Protection from Online Falsehoods and Manipulation Act 2019. An overarching framework was utilised to assess whether the Ministerial directions restrict free speech under Article 14(1)(a) of the Constitution; if so, whether the restrictions are justifiable under the Constitution and whether there is a rational nexus between the statutory aims and enumerated exceptions. This case comment also examines the constitutional stance towards subject …

A Requirement, A Factor, Or A Figure Of Speech? Role Of Prejudice When Challenging Awards Under The Model Law, Darius Chan, Zhi Jia Koh

Research Collection Yong Pung How School Of Law

Both parties and courts routinely invoke the term ‘prejudice’ in applications to set aside an arbitral award or refuse its enforcement. This suggests that the use of the term is more than just a figure of speech. It is generally understood that prejudice, in the sense of impact or effect on the outcome of the arbitration, is relevant for procedural challenges but not jurisdictional challenges. However, questions remain as to whether prejudice is legally relevant for challenges that are neither strictly procedural or jurisdictional in nature, whether prejudice is relevant as a factor for consideration or as a legal requirement …

The Legal Profession, Judiciary, And Dispute Resolution, John M. Lande

Faculty Blogs

The January 2022 issue of Dispute Resolution Magazine reports results of a survey of past contributors conducted by Editorial Board co-chairs Andrea Schneider and Michael Moffitt.

This post uses some of the survey responses to suggest that we recognize the legal profession and judiciary as part of the dispute resolution field.

The Impending Battle For The Soul Of Online Dispute Resolution, Oladeji Tiamiyu

Sturm College of Law: Faculty Scholarship

Legal professionals and disputants are increasingly recognizing the value of online dispute resolution (“ODR”). While the coronavirus pandemic forced many to resolve disputes exclusively online, potentially resulting in long-term changed preferences for different stakeholders, the pre-pandemic trend has involved a dramatic increase in technological tools that can be used for resolving disputes, particularly with facilitative technologies, artificial intelligence, and blockchains. Though this has the added benefit of increasing optionality in the dispute resolution process, these novel technologies come with their own limitations and also raise challenging ethical considerations for how ODR should be designed and implemented. In considering whether the …

How You Can Build A Mediation Model To Optimize Your Own Cases, John M. Lande

Faculty Blogs

Description of why formal mediation models, such as the facilitative and evaluative models, are incomplete and often misleading. Mediators constantly must answer the question “What do I do now?”, and the formal models don’t help in most situations. Lande suggests how mediators can develop their own, unique mediation models, relying in part on the work of psychologists Kenneth Kressel, Daniel Kahneman, and Amos Tversky.

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.

Omar Effendi Vs. Union Fenosa: Corruption As A Transnational Public Policy Consideration, Ahmed Badr Eldin

Theses and Dissertations

At the beginning of 2011, Egypt witnessed radical political developments that led to the emergence of a pressing tendency to adjudicate the collapsed regime’s policies and practices. Shortly thereafter, the Egyptian State Council issued a number of judicial decisions that confirmed that the sale of the privatized governmental enterprises had been tainted by corruption. Crucially, the Court maintained that flagrant breach of law, regulations, and administrative orders that encompassed these transactions created serious suspicions about corruption committed by public officials and investors. It concluded that the existence of corruption, as a transnational public policy consideration, had deprived foreign investors of …

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.

“Are We Just Going To Sit Back And Wait For ‘Regulatory Roller Coasters’ To Derail? Balancing Public Policy Vs. Fet Violations In Investment-Arbitration”, Gilberto Guerrero-Rocca

Faculty Publications

No abstract provided.

The Rise And Fall And Rise Again Of Informal Justice And The Death Of Adr, Amy J. Cohen

Connecticut Law Review

Today, the field of alternative dispute resolution (ADR) is often conceptualized and taught as an apolitical, institutional practice designed to enhance the effective and efficient settlement of legal disputes. But this was not always the case. In the 1970s, scholars imagined mediation as a technique of social and political transformation: a practice that might enable people to resolve disputes without reproducing the inequalities that shaped the society in which they lived. That view of ADR has largely disappeared from the American legal academy. But, as this Article shows, it has not disappeared entirely. Outside the legal academy, prison and police …

Twenty-First Annual International Advocate For Peace Award, Honoring William Ury, Samuel Ditchek, Alexandra Sandler, William Ury

Cardozo Journal of Conflict Resolution

On March 11, 2022, the Cardozo Journal of Conflict Resolution presented the twenty-first annual International Advocate for Peace Award to William Ury. The following is a transcript of the event's speeches.

Proposed Guidelines For Arbitral Disclosure Of Social Media Activity, Mitch Zamoff, Leslie Bellwood

Cardozo Journal of Conflict Resolution

The statutes and rules governing the disclosures of conflicts of interest by arbitrators, which failed to provide much clarity even prior to the advent of social media, do not provide any concrete guidance about the disclosure of an arbitrator's social media connections with the arbitration participants. The absence of clear, consistent standards governing social media disclosures is problematic for both arbitrators and the parties who select and appear before them. This problem will only get worse as arbitrators make increasing use of social media for personal and professional purposes, and as challenges to arbitration awards based on inadequate disclosure of …

The Negative Impact Of Service Member And Veteran Post Traumatic Stress Disorder (Ptsd) Rating Or Specter Of Ptsd On Child Custody Arrangements, Erhan Bedestani

Catholic University Journal of Law and Technology

No abstract provided.

The Precise Ambit Of The Sealing Requirement For Deeds, Robbie Shih Rong Tan

Singapore Law Journal (Lexicon)

Parties (“creditors”) who loan money to others (“debtors”) are often concerned that the debtors will be unable or unwilling to repay them. Such creditors may then enter into deeds of guarantee with third parties (“guarantors”) to secure the repayment of their loans if their debtors default on payment of the same. Unlike a contract, a deed does not require consideration to be legally enforceable. However, for a deed to be legally enforceable, several other formalities must be fulfilled. In particular, the deed must be “signed, sealed, and delivered”.

Retirement From Trusteeship – Express And Statutory Powers: Supreme Court Case Summary: Chan Yun Cheong (Trustee Of The Will Of The Testator) V Chan Chi Cheong (Trustee Of The Will Of The Testator, Noemi En-Hui Sarah Chaw

Singapore Law Journal (Lexicon)

This case involved two trustees of a testamentary trust,1 both of whom alleged that they had resigned as trustees. Trusteeship is a serious appointment that comes with responsibilities. Under the Trustees Act (Cap 337, 2005 Rev Ed) (“Trustees Act”), which governs trusts in Singapore, once a person takes up a trusteeship, he cannot simply relinquish his duties at will but must do so in accordance with the law and the terms of the trust instrument.

A Novel Approach To Deriving Sentencing Frameworks – Sentencing As A Science And/Or Art? Supreme Court Case Summary: Takaaki Masui V Public Prosecutor, Keith Ian Ray Toh, Shawn De Xian Ang

Singapore Law Journal (Lexicon)

In Takaaki Masui v Public Prosecutor and another appeal and other matters [2021] 4 SLR 160 (“Masui v PP”), the High Court (“HC”) introduced a new sentencing framework for purely private corruption offences under ss 6(a) and 6(b) of the Prevention of Corruption Act (Cap 241, 1993 Rev Ed) (“PCA”). Significantly, the HC utilised mathematical concepts to evaluate and determine the content of sentencing frameworks, and also employed multiple two-dimensional and three-dimensional (“2D” and “3D”) graphs to represent various sentencing frameworks. This case summary will explore the analytical method employed by the HC and discuss whether the new sentencing framework …

Remedying The Uncertainty Surrounding Penalties And Liquidated Damages: Denka Advantech Pte Ltd V Seraya Energy Pte Ltd [2021] 1 Slr 631, Qing Zhe Tan, Rui Xin Lee

Singapore Law Journal (Lexicon)

In Singapore, the authority for penalty clauses had always been the seminal case of Dunlop Pneumatic Tyre Company, Limited v New Garage and Motor Company, Limited (“Dunlop”).

Through The Rocky Road – Divergent Opinions On “No Oral Modification” Clauses: Charles Lim Teng Siang V Hong Choon Hau [2021] 2 Slr 153, Wei Xuan Joel Fun

Singapore Law Journal (Lexicon)

A no oral modification (“NOM”) clause refers to a contractual clause which seeks to exclude any modification of terms of a particular agreement unless such modifications are made in written form. However, if a party can prove that there has been an oral variation of such an agreement, can the counterparty rely on this clause to invalidate the variation?