Dispute Resolution and Arbitration Commons^™

Renewed Injustice: Domestic Investors And The Energy Transition, Fernando Dias Simões

American University International Law Review

The Spanish renewable energy “saga” offers a graphic account of the structural biases of international investment law. Like other countries, Spain introduced economic incentives in support of photovoltaic energy, attracting sizable national and foreign investment. When this regime proved too burdensome on public finances, the government changed it drastically. Around 60,000 Spanish investors were affected. When these investors sought justice, they faced a different fate from their foreign counterparts. While foreign investors had the option to submit their claims to international arbitral tribunals, domestic investors were limited to national courts.

The outcome was a textbook example of unequal treatment of …

Why Ai May Be Your Best Negotiation And Mediation Coach, John Lande

Faculty Publications

This article explores the role of artificial intelligence (AI) tools as negotiation and mediation coaches.  Drawing on research from negotiation, mediation, and consumer behavior, the article explains why bots can sometimes coach more effectively than humans.  In this role, they offer on-demand support that can help users prepare strategically and reflect honestly.  This support is especially valuable when seeking help from a human would feel too risky or awkward.

The article cautions against use of AI for roles requiring emotional intelligence, discretion, or legitimacy, such as negotiators, mediators, or arbitrators.  It distinguishes between AI as a thinking partner and AI …

Procedural Good Faith In Investment Arbitration—What Is It And What Could It Be?, Meg Kinnear

American University Business Law Review

When I selected the topic of procedural good faith for this lecture, I did not expect it to be as unwieldy as it proved to be. After all, good faith is a fundamental concept for every law student, and it anchors our approach to legal analysis and “thinking like a lawyer.” As counsel, our core belief is that proceedings must be conducted in good faith, and we each have a professional duty to act in good faith in arbitration.

Nonetheless, I am certain that each of you has witnessed conduct during an arbitration—by the opposite party, of course—that struck you …

Rethinking Transnational Adjudication: The Normative Foundations Of Institutional Design, Sanctions-Related Arbitration Frameworks, And Digital Recognition Systems, Avaskhan Asanaliyev

SJD Dissertations

This dissertation examines how emerging judicial and dispute resolution architectures can sustain cross-border commerce, investment, and enforcement in the post-Soviet space and beyond, at a time of institutional fragility, geopolitical tension, and rapid digitalization. Drawing on the experience of Kazakhstan, Russia, Ukraine, and key global hubs, it argues that institutional innovation in courts, arbitration, and enforcement mechanisms is central to rebuilding credible governance frameworks for international business. It does so through three interconnected studies that together explore the evolution of modern adjudication: first, through the transplantation of a common law judiciary model within a civil law state; second, through the …

Another Look At Judicial Review Of Labor Arbitration Awards In Rhode Island, William E. Smith, Stefanie Fischer, Kai Wiggins, Sam Jaksa

Roger Williams University Law Review

No abstract provided.

When Walking Out Doesn’T Mean Losing Out: Why Rhode Island Should Reform Its Model For Unemployment Insurance In Relation To Striking Workers, Trina Capezza

Roger Williams University Law Review

No abstract provided.

Arbitrating Discipline Without Due Process Or Training: Procedural Injustice In The United States Postal Services Grievances, Wendy R. Ball-Jeter

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

S.F. 2200 (2025) - Permission To Change: Minnesota's Illusory Privilege Reform In A Post-Notorious Rbg Era, A.G. Summers

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Arbitrating Justice: The Rise Of Mandatory Clauses, The Evolution Of Case Law, And The Future Of The Consumer Financial Protection Bureau In A Shifting Legal Landscape, Florence Shu-Blankson

Marquette Law Review

Mandatory arbitration clauses have become a common fixture in consumer and employment contracts, requiring individuals to resolve disputes through private arbitration rather than in court. These provisions often preclude class actions and limit appellate rights, raising significant concerns about transparency, fairness, and access to justice. While advocates argue that arbitration offers efficiency and cost savings, critics contend it erodes legal protection and disproportionately favors corporate interests. This Article explores the legal evolution of mandatory arbitration, focusing on key U.S. Supreme Court decisions—including Gilmer v. Interstate/Johnson Lane Corp., AT&T Mobility LLC v. Concepcion, and Epic Systems Corp. v. Lewis—that have progressively …

Dokdo/Takeshima And Maritime Delimitation Between The Republic Of Korea And Japan: A Comment On Icj Dispute Resolution, Katherine Angell

Celebrating WCL Student Authors

The Republic of Korea (Korea) should agree to submit the issue of sovereignty over Dokdo/Takeshima and the issue of maritime delimitation in the East Sea/Sea of Japan to the International Court of Justice (ICJ) because the ICJ is likely to decide that Dokdo/Takeshima is Korean territory and the tensions in the East Sea/Sea of Japan can be resolved to allow further cooperation between the two nations. The ICJ is the primary avenue for peacefully resolving territorial and maritime delimitation disputes between nations, and the ICJ has developed a substantial body of case law analyzing these issues. The ICJ considers various …

Massachusetts Community Mediation Center (Cmc) Grant Program: Fiscal Year 2025 Evaluation Report, Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

The CMC Grant Program remains a vital statewide investment in equitable access to justice and community well-being in Massachusetts. In FY2025, the Commonwealth allocated $3,100,202 to the Program, with $2,376,002 awarded directly to 12 community mediation Centers for operational support, technical assistance, and participation in statewide initiatives. These funds continued to serve as the financial foundation of the community mediation system, accounting for half of Centers’ collective revenue and enabling them to leverage an additional $2,435,797 from private, municipal, state, and federal partners—demonstrating strong public return on state appropriations. Despite a funding reduction in FY2025, the Program generated …

The Apathy Economy: Patents, Advertising, And Consumer Indifference, Gavin J. Milczarek-Desai, Derek E. Bambauer

Cardozo Arts & Entertainment Law Journal

Patents function as signals as well as rights to exclude. They inform competitors, investors, employees, and consumers about the invention and its owner. How this information affects consumers is not well understood. Existing studies disagree about how advertising a product or service as patented, or patent pending, affects the price consumers will pay. This Article offers the first major empirical study of that question andfinds that consumers behave with surprising rationality: they will not pay any price premium for a patented product. A product's patent status conveys little information about whether it is superior to competing offerings. The results hold …

Looking Forward, Reflecting Back: The Promise Of Dispute Resolution To Reform The Criminal Legal System, Cynthia Alkon

Faculty Scholarship

The criminal legal system in the United States is plagued by serious and systemic problems. There have been countless efforts at reform over the last many decades that have included changes in what is a crime, how crimes are punished, how prosecutors do their job, and changes in policing. Yet, despite these efforts, problems such as mass incarceration remain deeply embedded. It is easy to be swept up in pessimism when discussing the criminal legal system. Change is hard, at best incremental, and we seem to be in the beginning of an era of backlash against recent reforms. This is …