Dispute Resolution and Arbitration Commons^™

Healing An Unimaginable Loss: How Social Media Platforms Can Help Bereaved Parents Through Adr, Molly Baraban

Cardozo Journal of Conflict Resolution

This Note will argue that Alternative Dispute Resolution ("ADR") can successfully be utilized to mediate disputes between parents and social media platforms to facilitate account access in certain instances where a minor child has passed away in a manner that warrants answers. This Note will argue that the rise in mediation being used to resolve probate issues and reform of arbitration use amongst social media platforms, coupled with the continued increase of minors using social media, indicates opportunities for settlements between parents and platforms. This Note will then propose a multi-tiered approach, that would first utilize a conciliator who is …

Three-Stripe Life: How Adidas Can Act As A Model In Trademark Disputes By Promoting Internal Alternative Dispute Resolutions, Adam Gaudet

Cardozo Journal of Conflict Resolution

This Note will propose that large brands with broad trademarks develop internal strategies and departments which facilitate preemptive mediation and negotiations with smaller designers, ultimately deescalating disputes before any formal legal issues arise. These negotiations and mediations could lead to brand collaborations and new business ventures, could persuade smaller brands to stop their intellectual property infringement, and, in the least ideal situation, lead to a lawsuit. The strategies outlined in this Note, while focused on Adidas, can be applied by other fashion companies as well, as large brands often own many broad trademarks that small businesses might accidentally use. Businesses …

How To Beat The Nfl’S Best Defense: Attacking The Mass Arbitration Phenomenon With Class Arbitration, Thomas Riley

Cardozo Journal of Conflict Resolution

During his seventeen-year tenure as Commissioner of the National Football League (NFL), Roger Goodell never testified at trial. However, that changed when a class of plaintiffs sued the NFL for antitrust violations, alleging the League artificially inflated the cost of its viewership package—NFL Sunday Ticket—and thereby harmed consumers. NFL Sunday Ticket is described as a “premium sports package” that allows fans to watch out-of-market games they otherwise would not be able to view in their current market. This David and Goliath moment was a chance to discipline the pricing of one of the most popular television products in the United …

Closed Doors To Justice: How The Copyright Claims Board Is Shutting Out Pro Se Litigants, Melissa Eckhause

Cardozo Arts & Entertainment Law Journal

The Copyright Claims Board (CCB), established under the Copyright Alternative in Small-Claims Enforcement Act of 2020, was intended to provide an accessible forum for resolving small-value copyright disputes, particularly for pro se parties. However, the CCB has failed to fulfill this promise, with nearly 90% of pro se claims being dismissed without resolution on the merits. The CCB's strict compliance requirements and failure to liberally construe pro se claims have created a system more burdensome than federal court, contrary to Congress' intent. The article proposes reforms to align the CCB's practices with its original purpose of accessibility and simplicity for …

Counterclaims In Investor-State Arbitration: A Tale Of Two Cases, Godwin Tan, Justin Tan

National Law School of India Review

This article explores the evolving role of counterclaims in investment treaty arbitration. While arbitral rules commonly permit counterclaims, their success has historically been limited due to challenges such as the scope of the parties’ consent to arbitration and the lack of a relevant investor obligation to ground the counterclaim. However, a discernible increase in counterclaims under the ICSID Convention over the past 15 years suggests that there may be a shift in practice. Against this backdrop, this article carries out a comparative analysis of two recent decisions – Iberdrola v. Guatemala (2020) and Lopez Goyne Family Trust v. Nicaragua (2023) …

Life After Employee-Status In College Sports, Marc Edelman, John T. Holden, Michael A. Mccann

Fordham Law Review

National Collegiate Athletic Association; NCAA; college sports; intercollegiate sports; college athletes; college-athlete employee; amateurism; worker; employee; employment status; collective bargaining; single-employer bargaining units; Multiemployer Bargaining Units; Joint Employer Bargaining Units; antitrust

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea Kupfer Schneider

Faculty Scholarship

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

"Arbitration In Name Only": A Race Claims Mismatch, Michael Z. Green

Faculty Scholarship

With arbitration's meteoric rise as a tool in resolving statutory employment discrimination matters beginning in the 1990s, concerns about lack of employee bargaining power received little consideration when raised in court challenges to the enforcement of employer-mandated agreements to arbitrate those claims. Only in rare circumstances, when an employer appeared to go to extremes in using its overwhelming bargaining power to implement an arbitration process so clearly unfair would a court find the agreement created an unfair "arbitration in name only" that should not be enforced. 

Employers have become savvier in how they require employees to agree to resolve discrimination …

The Position Of The United States Of America Vis-A-Vis The Question Of Western Sahara: Assessing The Role Of Think Tanks In The Conflict, Hamid Baadeche

Graduate Theses, Dissertations, and Problem Reports (ETD)

ABSTRACT

The Position of the United States of America Vis-à-vis the Question of Western Sahara: Assessing the Role of Think Tanks in the Conflict

Hamid Baadeche

Think tank organizations, particularly in the United States, have become a prominent feature of the political landscape. They act as advocates for specific policies that they consider beneficial for the country or a particular societal group. They function as a primary source of information, which they then aim to transform into well-informed policies and sound decisions. They are referred to as "the revolving doors," "idea brokers," and "idea factory." As such, their foremost objective …

Adding A Data Disclosure Requirement To The Faa: An Overdue Reform, Richard Frankel

American University Business Law Review

Artificial intelligence (AI) and predictive analytics are transforming almost every sector of society. The field of dispute resolution is no exception to this trend. Lawyers in emerging disputes are hungry for data about arbitrators and judges, prior decisions, similar disputes, and anything else they can get their hands on.

Towards The Faa's Next Century: Clarifying Disclosure Requirements In Arbitration, Andrea K. Schneider, Brian Farkas

American University Business Law Review

In the summer of 2024, all eyes were on Paris. Thousands of athletes from over 200 countries competed in over 300 sports. The Olympics is nationalism at its healthiest: cheering for one's own nation, while recognizing the fundamentally transnational human values of pluralism, diversity, and aspiration.

Facilitating Trust Arbitration By Amending The Federal Arbitration Act, S. I. Strong

American University Business Law Review

Over the last few years, a new dispute resolution procedure has burst onto the domestic and international stage: trust arbitration, which allows an arbitration provision located in a trust to trigger arbitration of "internal" trust disputes arising either between trust beneficiaries or between beneficiaries and the trustee.

Equitable Obligations And Property In Choice Of Law, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

This chapter argues against the unitary characterisation, for choice of law purposes, of equitable principlesas they apply to claims relating to property as either property or obligation, and that they should be characterised as property or obligation in accordance with the functions of the equitable principles in each instance.

Through The Looking Glass: We All See Ideational Objects Here, J.G. Allen

Research Collection Yong Pung How School Of Law

In this chapter, I explore the property law treatment of cryptoassets—and, presumably, other digital artefacts that are not clearly rights to anything or against anyone. I argue that such artefacts are well described as “ideational objects” and draw together insights from private law theory and social ontology to explore how we should think about complex objects with a social and a technical dimension. I then examine how the law of property can accommodate ideational objects as objects of property rights (including the right of ownership) and dealing such as transfer, and what challenges and implications this poses for the traditional …

Separability Doctrine: Perspectives From China, England And The Model Law, Jia Jun Benjamin Goh

Research Collection Yong Pung How School Of Law

In this article, the author compares the application of the separability doctrine in the People's Republic of China, England and Wales, and select Model Law jurisdictions (including Singapore and Hong Kong). This article argues that the proper scope of the doctrine must include situations of both contractual validity and existence are in question. Additionally, the doctrine should apply in finding that the law of the arbitration agreement is different from the law of the main contract. Finally, the doctrine must also serve to protect party autonomy to shield an arbitration agreement from self defeating main agreements.

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider

Articles

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

Towards The Faa's Next Century: Clarifying Disclosure Requirements In Arbitration, Andrea K. Schneider, Brian Farkas

Articles

This essay provides a roadmap to the current landscape of neutrality and disclosure. It then suggests three possible reforms to the FAA that would provide better guidance to arbitrators, parties, and courts. Moreover, this essay argues that if the FAA cannot be sufficiently amended, states should take the lead. States can continue to more clearly outline disclosure requirements and enforce clearer standards than the current version of the FAA.