Dispute Resolution and Arbitration Commons^™

A Look Inside The Nba’S Game-Changing Technical Foul: The Warner Bros. Discovery And Nba Broadcast Rights Dispute And How It Could Have Been Resolved Through Alternative Dispute Resolution, Nicola Coates

Pepperdine Dispute Resolution Law Journal

Despite being “the greatest studio show in sports TV history” and winning numerous Emmy Awards, the TNT Sports icon Inside the NBA was on the brink of disappearing. In 2024, the National Basketball Association (NBA) opted into a $77 billion contract with NBC, Amazon, and Disney’s ESPN, ending its forty-year relationship with Warner Brothers Discovery (Warner Bros. Discovery), the parent company of TNT Sports. Warner Bros. Discovery filed suit, alleging that, by rejecting its offer in favor of NBC, Amazon, and Disney, the NBA breached the parties’ 2014 media rights agreement, which included a right to match third-party offers. The …

Reimagining The Path Forward: Preparing And Promoting The Next Generation Of Arbitrators Through Innovative Mentorship, Disclosure, And Transparency, Homer C. La Rue

Pepperdine Dispute Resolution Law Journal

The article addresses a pivotal moment for the labor-management arbitration profession. As demographic changes and the growing complexity of labor relations coincide with a decline in the number of qualified arbitration professionals, Professor La Rue emphasizes the critical role senior arbitrators play as mentors and gatekeepers for the next generation. The piece explores mentorship models, including the traditional “Legacy Method” and initiatives designed to expand opportunities for underrepresented groups, such as the Ray Corollary Initiative. The article also offers actionable recommendations to advance disclosure and transparency, including: (1) reducing barriers to entry for new arbitrators; (2) establishing a formal mentorship …

An Open Door Policy: A Contemporary Analysis Of The Continuing Need For Court-Connected Civil Compulsory Arbitration Programs, Joshua D. Rogers

Pepperdine Dispute Resolution Law Journal

Compulsory arbitration could be a crucial instrument in addressing an impending renewed litigation explosion. In the latter half of the twentieth century, numerous courts implemented court-connected civil compulsory arbitration programs to help address the substantial problems created by historic increases in civil litigation. Without much fanfare, these programs have been successfully operating to achieve the goals envisioned at their creation—improving judicial economy and efficiency. Despite the success and longevity in adopting jurisdictions, compulsory arbitration has peaked in its adoption and has seemingly faded into the background of the alternative dispute resolution conversation. Neglecting or dismissing this vital tool in the …

Ai In Arbitration: A Chance To Lead, Not Only A Risk To Manage, Barry Appleton

Other Publications

No abstract provided.

The Extension Of The Arbitration Clause To Non-Signatories In Qatar's Construction Arbitration: A Study Under Law No. 2 Of 2017, Nazir Hasen Ikhlayel

Maurer Theses and Dissertations

This dissertation examines whether an arbitration clause in a construction contract governed by Qatar Arbitration Law No. 2 of 2017 can be extended to a non-signatory party. The study addresses a problem that arises in major construction projects, in which employers, main contractors, subcontractors, consultants, and suppliers are linked by separate yet interdependent contracts. At the same time, arbitration remains structured around bilateral consent.

The importance of the study lies in its relevance to Qatar’s legal and economic development. Qatar’s major infrastructure projects, including those accelerated by the 2022 FIFA World Cup and those continuing under Qatar National Vision 2030, …

Legal Scholarship In An Age Of Social Media, Miriam Cherry

Journal of Civil Rights and Economic Development

(Excerpt)

This symposium essay will offer insights into how legal scholarship—and the law—are changing in a time of social media. Platforms or their names may change, but the immediacy and connection that they offer, for better or worse, here to stay. The argument amounts to two sides of the same coin. Social media can raise the salience of an issue, story, or event, and in doing so, may provide information that helps to inform our work as legal scholars. The converse is also true: legal scholarship also needs to study social media. This essay takes each point in turn.

Las Vegas Police Protective Association V. City Of Las Vegas 142 Nev. Adv. Op. 41 (Jun. 03, 2026), Adrienne Jack-Sands

Nevada Supreme Court Summaries

The district court may determine whether a dispute is arbitrable, but the arbitrator must be the one to evaluate whether procedural prerequisites have been satisfied and adjudicate the underlying issue.

Fairness Over Finality: The Eleventh Circuit Recognizes Equitable Tolling In Nuvasive, Inc. V. Absolute Medical, Llc, Jamie A. Meyers

Arbitration Law Review (2009 - Present)

No abstract provided.

Unenforceability Of Arbitration Clauses: How Recent Canadian Decisions Impact The Legitimacy Crisis In International Arbitration, Jamie Gomes

Arbitration Law Review (2009 - Present)

No abstract provided.

Backing The Trustees: How Erisa Supports Enforcing Arbitration Awards And Ensures Equitable Relief, Chloe R. Graham

Arbitration Law Review (2009 - Present)

No abstract provided.

An Arbitration Revelation? The Evolution Of Ai And Online Arbitration, Emily Bishop

Arbitration Law Review (2009 - Present)

No abstract provided.

Arbitrating Energy: The Impact Of Arbitration On The Energy Transition, Somtochukwu Attamah, Lara B. Fowler

Arbitration Law Review (2009 - Present)

Even prior to recent events in the Middle East, the global energy sector has been undergoing a significant transformation as states pursue regulatory reforms aimed at addressing climate change, environmental protection, and energy system restructuring. These developments have contributed to an increase in disputes arising from energy-related investments, particularly where regulatory measures affect existing investment expectations. This paper examines the role of arbitration in the context of global energy transitions by tracking publicly available arbitration cases through 2022 and analyzing selected energy disputes linked to regulatory change. It explores how arbitration operates not only as a mechanism for resolving …

Lennar Communities Nevada, Llc, And Greystone Nevada, Llc V. Pamela Whalen, 142 Nev. Adv. Op. 29 (Apr. 16, 2026), Christianne White

Nevada Supreme Court Summaries

Courts should employ a totality of the circumstances test when determining if a party acted inconsistently with the right to arbitrate.

The Racial Implications For Black Claimants At The Federal Arbitration Act's Centennial, Michael Z. Green

Faculty Scholarship

On February 12, 1925, when President Calvin Coolidge signed into law an Act to make arbitration agreements "valid, irrevocable, and enforceable," no person could have expected that this new statute would ever apply to claims by Black litigants. A century later, that law, now referred to as the Federal Arbitration Act (FAA), has evolved to encompass disputes involving a broad array of claimants and processes where businesses enforce pre-dispute agreements to arbitrate. In examining whether Black claimants (businesses, consumers, and importantly, workers) may benefit from using arbitration, this Article investigates how the FAA, as enacted, never intended to address their …

The Arbitration Web Ensnaring Every Consumer: The Next Evolution In Corporate Strategy To Compel Arbitration, Michael Conklin

Maine Law Review

This first-of-its-kind Article uses a novel hypothetical to explore the expanding role of compelled arbitration. The hypothetical involves numerous large corporations agreeing to cross-reference each other in their arbitration agreements, thus attempting to create a massive arbitration web ensnaring nearly every American and allowing corporations to compel arbitration against parties with whom they never interacted. This Article presents the case that courts might enforce such a scheme based on the judicial trend toward ever-expanding compelled arbitration jurisprudence, the docket-clearing incentives faced by judges, existing case law allowing some non-signatories to enforce arbitration agreements, the strong assumption in favor of arbitration, …

Stitching Up Industry Issues: Arbitration Can Offer Customized Solutions To Fashion Intellectual Property Disputes, Catherine Meng

Pepperdine Dispute Resolution Law Journal

This comment proposes alternative dispute resolution (ADR), specifically arbitration, as a more effective mechanism for resolving fashion copyright disputes. The fashion industry has historically received limited protection for designs—primarily trademark and patent law—resulting in widespread copying and difficulty enforcing claims. In the 2017 case Star Athletica, L.L.C. v. Varsity Brands, Inc., the Supreme Court added copyright to the patchwork of protections. However, that protection is available only for aesthetic elements, not functional ones. The difficulty in distinguishing these components, along with the challenges of enforcing claims across borders and between parties with unequal bargaining power, as in Hian v. Louis …

The Art Of Ai Prompting In Law And Dispute Resolution Practice, John Lande

Faculty Publications

This short article offers a practical guide for using AI tools to improve the judgment and efficiency of lawyers, mediators, and arbitrators.  It cites ABA Ethics Opinion 512, which describes lawyers’ ethical duty of technological competence under the ABA Model Rules.

The article encourages practitioners to begin by selecting AI tools appropriate to their tasks such as general-purpose platforms or specialized tools listed in the article.  It explains how to write effective prompts, use follow-up questions to refine outputs, and apply professional judgment when reviewing results.  It includes a list of suggested follow-up prompts.

Getting useful results from AI tools …

A Settlement By “Any Other Name”: Evaluating The Sustainability Of Settlement Mechanisms, Dorcas Quek Anderson

Singapore Law Journal (Lexicon)

Private settlements have been consistently encouraged by the Singapore civil justice system. Depending on the context, the settlement may take on many forms, including consent orders and settlement agreements. This begs the question of whether the exact form of settlement matters, or whether a settlement “by any other name” suffices. This article proposes the concept of “sustainable settlements” – comprising the measures of ease of enforcement, finality, and confidentiality – to holistically appraise the effectiveness of settlement mechanisms. The assessment of six settlement mechanisms using these measures clearly indicates that not every mechanism is equally sustainable. Exploring settlement amidst the …

A Settlement By “Any Other Name”: Evaluating The Sustainability Of Settlement Mechanisms, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Private settlements have been consistently encouraged by the Singapore civil justice system. Depending on the context, the settlement may take on many forms, including consent orders and settlement agreements. This begs the question of whether the exact form of settlement matters, or whether a settlement “by any other name” suffices. This article proposes the concept of “sustainable settlements” – comprising the measures of ease of enforcement, finality, and confidentiality – to holistically appraise the effectiveness of settlement mechanisms. The assessment of six settlement mechanisms using these measures clearly indicates that not every mechanism is equally sustainable. Exploring settlement amidst the …

Evidentiary Practices In Arbitration: Need For A Minimum Framework, Krishnaja Olappamanna

Theses and Dissertations

Indian arbitration has emerged as a preferred method of dispute resolution, offering the benefits of flexibility, cost-effectiveness, and confidentiality over conventional litigation. Although this flexibility, more specifically in evidentiary matters, has brought procedural inconsistencies and uncertainties that detract from the enforceability of arbitral awards.

This is in line with Section 19 of the Arbitration and Conciliation Act of 1996, which prohibits arbitral tribunals from following the Indian Evidence Act of 1872 or the Code of Civil Procedure of 1908. While the provision allows procedural autonomy, it also brings with it an uncertainty in the evidentiary process of arbitrations, mostly when …

Stranger Disputes: When Artificial Intelligence Turns Arbitration Upside Down, Imre Stephen Szalai

Pepperdine Dispute Resolution Law Journal

Arbitration agreements are everywhere in the United States. These agreements already block access to courts in a troubling manner, and pursuant to these agreements, parties must resolve their disputes before a private, human arbitrator with broad, virtually unreviewable powers. However, with the growth of AI, companies could easily redraft their contracts to require arbitration before non-human bots or AI arbitrators instead of a human arbitrator. Based on the history, values, policy, and text of the Federal Arbitration Act (FAA), this Article concludes that the FAA would govern and support the use of an AI arbitrator. As a result, a pre-dispute …

Competence-Competence, Delegation, And The Aaa/Icdr Rules, Christopher R. Drahozal, George A. Bermann, Jack J. Coe Jr., Catherine A. Rogers

Faculty Scholarship

In 2021 and 2022, the American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR) amended their arbitration rules to address a “potential controversy” said to be caused by the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration. The “potential controversy” is over whether the rules providing that arbitrators have “the power to rule on [their] own jurisdiction” should be interpreted as delegation clauses — that is, as “clearly and unmistakably” delegating exclusive authority to resolve jurisdictional challenges to the arbitrators instead of the court. Most courts have so interpreted the rules.

By contrast, the …

Arbitration As An Alternative To Judicial Settlement: Some Selected Perspectives, Mashall E. Lippman

Maine Law Review

The increasing interest in arbitration as a means of judicial reform has been largely due to the fact that arbitration provides a forum for dispute settlement apart from the traditional judicial system. In other words, arbitration is regarded as a useful reform measure primarily because it affords potential litigants a forum other than the already over-burdened courts. Little consideration has been given to the possibility that in some areas arbitration may in fact be both a better forum and a better method of resolving disputes than the traditional judicial system. This article will discuss three areas, areas which are susceptible …

When Ai Comes To The Table: How Tech Tools Will Change Adr, John Lande

Faculty Publications

Artificial intelligence (AI) is quickly reshaping the landscape of dispute resolution. This article explores how an expanding range of AI tools will influence negotiation, mediation, arbitration, and related processes. These tools will serve a wide array of users and contexts, reflect differing practice philosophies, and raise important questions about fairness, transparency, and values. Drawing on theory, practice, and real-world examples, the article identifies seven categories of emerging tools – from dispute prevention and practitioner preparation to education and platform integration. It highlights the importance of ethical design, user awareness, and professional responsibility, arguing that AI should support – not replace …

Benchmarked For Arbitration: Work Avoidance As An Explanation For Why Judges Have Become Increasingly Favorable Toward Compelled Arbitration, Michael Conklin

Pepperdine Law Review

The clear trajectory over the last 100 years has been for judges to become increasingly more favorable toward sending disputes to compelled arbitration and enforcing arbitration awards. This results in a modern widespread proliferation of compelled arbitration that has become increasingly controversial. Some have alleged that the steady trend toward courts favoring compelled arbitration is the result of a corresponding building up of trust among judges in the arbitration process. This Article posits an alternative theory: Namely, judges face immense incentives to clear their dockets, and compelled arbitration is a highly efficient tool to that end. Exploring the historical trajectory …

Calderbank Offer Sebagai Instrumen Untuk Meningkatkan Efisiensi Di Bani Arbitration Center, Lalu Adhim, Sinta Dewi, Mursal Maulana

Jurnal Hukum & Pembangunan

This article explores the shifting landscape of international arbitration, traditionally valued for its efficiency. Today, increased costs and prolonged dispute resolution processes change this perception. The article introduces the Calderbank offer, a strategic instrument from common law that promotes early settlement. By integrating civil law’s adversarial approach and practice to settle with settlement offer in common law, this concept aligns with peace theory and could enhance efficiency in BANI Arbitration Center. This instrument allows arbitral tribunals to impose cost penalties on parties who reject settlement offers and subsequently fail to achieve a more favorable award. In this research, the authors …

Trouble, Trouble, Trouble: Taylor Swift, Ticketmaster, And Arbitration, Imre S. Szalai Professor Of Social Justice

Vanderbilt Journal of Entertainment & Technology Law

Through Ticketmaster’s use of arbitration and the controversy surrounding Ticketmaster’s botched sale of tickets for Taylor Swift’s The Eras Tour, this Article explores problems with the broad use of arbitration in the United States. Arbitration, a private contractual method of resolving disputes in a binding manner, is a neutral process that can provide many benefits. However, under the current broad scope of arbitration law, virtually every type of claim can be arbitrated. A more limited arbitration law could provide more robust enforcement of laws, greater accountability and transparency, and stronger development of precedent within our legal system. Stronger parties (like …

(D)Evolution Of International Commercial Arbitration In Mexico, Edwin N. Á. Román

Arbitration Brief

The 1990s were a time of vibrant international rulemaking in the field of international economic law, during which Mexico transformed from a closed to an open economy. In 1993, Mexico adopted the 1985 UNICITRAL Model Law on International Commercial Arbitration. In 2011, Mexico amended its commercial code by introducing a specific proceeding to enforce and set aside arbitration awards titled “Juicio Especial sobre Transacciones Comerciales y Arbitraje.” Alongside these amendments, Mexico became an internationally relevant jurisdiction for the recognition and enforcement of foreign arbitral awards. This article analyzes the evolution of the Mexican Supreme Court of Justice’s jurisprudence concerning international …

Forced Arbitration In Tesla’S Consumer Contracts, Abigail Hug

Arbitration Brief

The Supreme Court has supported the FAA’s preference for enforcing arbitration clauses and has extended it to forced arbitration provisions. In DirecTV v. Imburgia, the Supreme Court upheld a mandatory arbitration clause in a consumer service agreement, which additionally prohibited class arbitration. The Court reasoned that the FAA clearly states that written provisions in contracts that mandate arbitration are enforceable as all other contracts are enforceable. Companies throughout the United States use forced arbitration for employment and consumer contracts, including those for car leases. Forced arbitration clauses in consumer contracts ensure that customers settle their disputes with a company through …

The Climate-Arbitration Nexus: How Legitimate Expectations Shape Investor Claims In A Decarbonizing World, M. Uzeyir Karabiyik

American University International Law Review

The global push for climate change mitigation, particularly through renewable energy promotion and fossil fuel phase-out, has sparked a surge in investor-state arbitrations. At the heart of these arbitrations lies the concept of “legitimate expectations,” which is considered by arbitral tribunals as a cornerstone of the fair and equitable treatment (FET) standard. This Article conducts a comprehensive analysis of diverse approaches adopted by arbitral tribunals in interpreting legitimate expectations in the context of climate action. It then delves into specific interpretations of this concept within two categories: disputes related to states’ renewable energy promotion policies and those that stem from …