Dispute Resolution and Arbitration Commons^™

Non-Satisfaction Of Pre-Arbitration Requirements: Moving Away From Conditions Precedent Towards The Admissibility Of A Claim – Nwa V Nvf, Darius Chan, Joel Soon

Research Collection Yong Pung How School Of Law

In earlier cases, the non-satisfaction of pre-arbitration requirements has been analysed by the Singapore and English courts by reference to the issue of conditions precedent. It was assumed without argument that, if a requirement was construed as a condition precedent, the failure to satisfy that requirement would deprive the tribunal of jurisdiction. More recently, English and Hong Kong case law has focused on a different issue, asking whether the failure to meet the pre-arbitration requirement affects the tribunal’s jurisdiction or the admissibility of the claim. This case note analyses whether the Singapore courts should follow suit.

Peer Mediation: A New Opportunity In St. Louis City Schools, Beatrice Connaghan

SLU Law Journal Online

Mediation is often used in legal disputes, but what happens when the same process is applied to children in order to deter conflicts and avoid the need for school administration intervention? In this article, Beatrice Connaghan discusses the process of training students to become peer mediators to deter conflicts in St. Louis Schools.

Collaborative Processes And Family Engagement, Kelly Browe Olson

Law Faculty Scholarship

No abstract provided.

The Non-Applications Of Good Faith, Trust, And Confidentiality In Arbitration: A Study Of The Annulment Cases In Indonesia, Anangga W. Roosdiono, Muhamad Dzadit Taqwa, Mayta Ciara Salsabila

Indonesia Law Review

Arbitration is a dispute resolution method that is chosen by the parties for, mainly, avoiding weaknesses of resolving disputes through the general court. It has three principles, that strongly connect to one another, to hold: good faith, trust, and confidentiality. These principles determine whether a dispute resolution through arbitration will be successful. However, in many - if not all - cases, many disputing parties still do not maintain these principles. This reality can be observed in annulment cases. Although the annulment mechanism renders a protection to the parties from the errors made by intention, this mechanism opens an opportunity for …

Most Favoured Nation Clause: Unleashing Its Legal Potential In Favour Of Foreign Investors In Renewable Energy Sector, Mohammad Akefi Ghaziani, Vahid Akefi Ghaziani, Moosa Akefi Ghaziani Dr.

Indonesia Law Review

International Investment Law and other international legal systems, such as trade law and environmental law have interactions and dynamic interrelationships in meeting global challenges including energy security, climate change, and the need for the renewable energy transition. They help in delivering the principles of justice in the context of changing global values and legal practices. Accordingly, they have a potential share in the global climate change mitigation agenda through innovative policies and regulations, inter alia, to facilitate and promote foreign investment and trade in the renewable energy sector. Similarly, these systems have common principles in their respective agreements. The Most-Favoured …

Brian Flores's Employment Discrimination Lawsuit Against The Nfl: A Game Changer Or Business As Usual?, Michael Conklin, Jennifer Barger-Johnson, Marty Ludlum

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Novelty In Terms Of Jurisdiction And Procedural System For The Enforcement Of Foreign Arbitration Awards In The United Arab Emirates, Prof. Sayed Mahmoud Ahmed, Dr. Mudhafar Jaber Al-Rawi

UAEU Law Journal

يجسد التنفيذ الاختياري والجبري غاية طلب التحكيم لكل من يحصل على حكم يحقق المراد من الدعوى التحكيمية. وفي نطاق أحكام التحكيم الأجنبية، فإن الترخيص بدون شروط أو قيود وطنية لتنفيذ أحكام التحكيم الأجنبية يؤدي إلى المساس بسيادة الدولة على إقليمها، لذا أصبح الأمر بالتنفيذ هو الأداة الرقابية القضائية التي يفرضها المشرع الوطني على إرادة الأطراف، فهي رقابة لاحقة على صدور حكم التحكيم – الوطني أو الدولي أو الأجنبي -حين يراد تنفيذه. ونظراً لتباين التشريعات الدولية والوطنية في شروط وإجراءات تنفيذ الاحكام التحكيمية الأجنبية فإن مشكلة الدراسة تكمن في معرفة أي النصوص الواجبة التطبيق لتقدير مدى توافر اختصاص وإجراءات استصدار الأمر …

International Arbitration, Sujey Herrera, Marcus Quintanilla, Martine Forneret, Emily Scherker, Jeffrey Rosenthal, James A. Egerton-Vernon, Richard Deutsch, Ranjan Agarwal, Félix Poggio, Rafael Pereyra Zorraquin, Joyce Fong, Dan Perera, Rong Gu, Helen Tang, Weina Ye, Timur Ibrahim Sen, Andrew White, Jayesh H, Dawn Yamane Hewett, Julianne Jaquith, Chelsea Pollard, Ibrahim Sattout, Adnan Gaafar, Myriam Khedair, James Boykin, Stijn Winters, Amanda Lee, Peter Ashford, Sabrina Janzik, Christina Nitsche, Gerard Meijer, Valerie Verberne, Markian Malskyy, Oksana Karel, Daryna Hrebeniuk, Keara A. Bergin, Christopher P. Denicola

The Year in Review

No abstract provided.

Litigating Terror In The Sinai After The Egyptian Spring Revolution: Should States Be Liable To Foreign Investors For Failure To Prevent Terrorist Attacks?, Robert Howse, Amin R. Yacoub

Michigan Journal of International Law

The ambiguity of the due diligence standard of the Full Protection and Security obligation in investment treaties persists to this day. A recent ICSID tribunal found a developing state liable for breaching the Full Protection and Security obligation due to its inability to protect a foreign investment against terrorist attacks in a remote deserted area. In this article, we analytically criticize the Ampal v. Egypt arbitral award against the comprehensive factual matrix behind the case. Based on our criticism of Ampal, we argue that developing states should not be liable for failing to prevent or stop terrorist attacks under the …

Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman

The Journal of Social Encounters

No abstract provided.

Shestowsky’S Study Supports Value Of Lawyers’ Early Education Of Clients About Their Procedural Options, John M. Lande, John Lande

Faculty Blogs

This post summarizes parts of Donna Shestowsky’s study on parties’ expectations about the process used to resolve their cases. She writes, “Our findings suggest the value of educating litigants about legal procedures, helping them develop realistic expectations for what each procedure can entail for their situation, and helping them make informed decisions about whether to attend their procedures. . . . Our results suggest how important it is for lawyers to educate their clients about each of their procedural options. Effective education and managing client expectations might lead to the formation of attitudes that reflect realistic expectations, and, in turn, …

Readings And Resources For Teaching, John Lande

Faculty Blogs

This post provides links to resources that instructors can use when teaching dispute resolution.

Theorizing Responsibility In The Investor State Dispute Resolution System, Kristen Boon

St. John's Law Review

(Excerpt)

The Investor-State Dispute System (“ISDS”) permits investors to sue states when their investments are injured. The system was designed to protect investors and impose responsibilities on states; it is uncontroversial to say that the ISDS system is one-sided. But a chorus of voices is now asking: should investors have responsibilities too? The narrative is one of injustice, driven by the perception that states have signed on to a system that has left them with large financial exposure to investors. This viewpoint has been reinforced, in the eyes of some, by the influence of big business, and by state losses …

Keterlambatan Pemberitahuan Akuisisi Pada Perusahaan Yang Terafiliasi Ditinjau Dari Hukum Persaingan Usaha Di Indonesia (Studi Putusan Komisi Pengawas Persaingan Usaha (Kppu) No. 27/Kppu-M/2019), Rahmad Hidayat

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Whether we realize it or not, business competition between business actors in the relevant market will more or less be affected by the acquisition. Acquisition in business competition has a close relationship with abuse of dominant position in the market which can lead to monopolistic practices and unfair business competition. If the Acquisition is carried out to hinder business competition and the economy, then it is contrary to Article 29 of Law no. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. Therefore, the Acquisition should be investigated further to ascertain the extent to which …

Study Of Odr In Family Cases With Positive Results, John Lande

Faculty Blogs

This post summarizes the results of a study finding that parties who used ODR for child custody, parenting time, or child support matters were more likely to reach agreement and to rate their experience more highly than those who declined to use ODR.

Description

Journal of Dispute Resolution

No abstract provided.

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

Appraisal Of The Success Of The Instruments Of International Commercial Arbitration Vis-À-Vis International Commercial Litigations And Mediation In The Harmonization Of The Rules Of Transnational Commercial Dispute Resolution, Samuel Maireg Biresaw

Journal of Dispute Resolution

This article compares the major instruments of International Commercial Arbitration (hereinafter ‘ICA’) with the instruments of International Commercial Litigation and Mediation. By so doing, the article comparatively assesses the success of ICA, litigation, and mediation as alternative mechanisms of transnational commercial dispute resolution. Accordingly, the article argues that, while the ICA is not the only means of transnational commercial dispute resolution, it will continue to be the most successful means of dispute resolution, playing the dominant role in harmonizing the rules of transnational commercial dispute resolution. However, the article also argues that, over time, transnational commercial litigation and mediation are …

The Guaranteed Resolution On Effective And Adapted Terms (The Great Process): A New Hybrid Dispute Resolution Process For Guaranteeing A Solution And Resolving Disputes Efficiently, Claude Amar, Véronique Fraser

Cardozo Journal of Conflict Resolution

Over the past twenty years, innovative dispute resolution processes have emerged from practitioners who aimed to tailor them to the parties' process needs. Some of the most widely known processes include med-arb, arb-med, co-mediation with an evaluative and a non-evaluative mediator, baseball arbitration, last offer arbitration, and sealed-arbitration. The list and possible combinations are infinite, when one starts combining processes. However, such spontaneity and adaptivity sometimes result in harmful consequences. In the past, arbitral awards in numerous jurisdictions were refused to be honored on the basis that the process had infringed on fundamental procedural guarantees. For that reason, it is …

Home Run Or Strike Out: Can Baseball Arbitration Solve America’S Medical Debt Crisis?, Sarah Jolley

Journal of Dispute Resolution

In 2012, a New York woman named Claudia Knafo found herself in need of a complicated spinal surgery. She immediately began the long and arduous process of selecting a physician in her insurance network, even going so far as to interview prospective surgeons to confirm their in-network status. Claudia finally selected a well-regarded local surgeon, whose website verified his in-network status with her health insurance plan, after calling his office to confirm. Weeks after her successful spinal surgery, Claudia received notice that the doctor’s receptionist and website were incorrect—the surgeon was not actually in-network. Claudia’s health insurance plan provided $66,0000 …

Is Arbitration For Olympic Athletes Arbitrary?, Shelby Ehrmann

Journal of Dispute Resolution

In December of 2021, Professional Russian Figure Skater Kamila Valieva completed a doping control test during a Russian National Figure Skating Championship. On February 7, 2022, a World Anti-Doping Agency (WADA) accredited laboratory detected the presence of a banned substance from Kamila’s December 2021 test. The Russian Anti-Doping Agency, (RUSADA) which is in charge of the application of WADA, first implemented a provisional suspension on Kamila, prohibiting her from competing in the 2022 Olympic Winter Games. The RUSADA’s Disciplinary Anti-Doping Committee (DADC) then moved to lift this provisional suspension. The International Olympic committee, the WADA and the International Skating Union …

Mass Arbitration 2.0, Andrew B. Nissensohn

Washington and Lee Law Review

Over the past four decades, corporate interests, in concert with the Supreme Court, have surgically dismantled the American civil litigation system. Enacted nearly a century ago, the Federal Arbitration Act (FAA) was once a procedural law mandating that federal courts enforce arbitration agreements between sophisticated parties with equal bargaining power. Through death by a thousand cuts, corporate interests shielded themselves from nearly all methods of en masse dispute resolution. These interests weaponized the FAA into a “one size fits all” means to compel potential litigants with unequal bargaining power into arbitration. The so-called “Arbitration Revolution” is the subject of much …

Faculty List

Journal of Dispute Resolution

No abstract provided.

Masthead

Journal of Dispute Resolution

No abstract provided.

Artificial Bias: The Ethical Concerns Of Ai-Driven Dispute Resolution In Family Matters, Wensdai Brooks

Journal of Dispute Resolution

From the global positioning systems (GPS) that guide our morning commute to the more complex machine learning systems used to build Spotify’s curation algorithms, artificial intelligence (AI) has become a central part of the way that society functions efficiently. AI has become increasingly integrated into our daily lives, permeating consumer and corporate worlds alike. Despite a reputation for being slow to adopt new technology, the legal field has been particularly forward in embracing the use of AI to increase docket speeds, optimize case management, and fill gaps in access to justice. An impressive array of programs now exists, creating a …

Not Quite “Justice For All”: How Provisions Of Victims’ Rights Legislation Can Harm Plea Negotiations, Hannah Williams

Journal of Dispute Resolution

Undoubtedly, the history of our criminal justice system has been unkind to victims of crime. This demographic, if acknowledged at all, would historically sit in our nation’s courtrooms and watch as the criminal justice system happened to them. Congress fundamentally altered the role of victims in 2015 when it enacted a statute granting victims a plethora of new rights. Victims suddenly could confer with the state’s attorney and rely on protections from the government against the accused. Interspersed within victims’ newfound rights is the right to be reasonably heard at any plea proceeding and the ability to reopen a plea …

Adr Provisions To Inoculate The Vaccine Industry From Governmental Ip Takings, Mark Buck

Journal of Dispute Resolution

It started with a cough. It continued with a fever. After several days of treatment with over-the-counter medications without improvement, it became clear that Victor Villarroel Saavedra, an unvaccinated but otherwise in good health Bolivian physician, had contracted COVID-19 in the summer of 2020. By this point, Victor’s options were limited: seek at-home care or go to the hospital. After a few days of in-home care with nasal canal oxygen and nursing/physician oversight, he was eventually transferred to a hospital where he passed within the week. This all could have been avoided with a simple jab in the otherwise healthy …

The Influence Of Foreign Jurisprudence About International Commercial Arbitration In Latin American State Courts, Björn Arp

Journal of Dispute Resolution

International commercial arbitration has become regulated in an increasingly uniform manner through texts such as the UNCITRAL Model Law and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Despite the apparent uniformity, state courts still encounter instances of unclear and incomplete regulations of arbitration-related matters. This article focuses on the practice of courts in Latin America that interpret arbitration-related regulations and fill gaps with the help of a comparative jurisprudential analysis. The article reviews this jurisprudence to determine what impact, if any, landmark cases from France, Switzerland, the United Kingdom, the United States, and other …

Gig Workers: Walking A Tightrope Without A Safety Net, Joshua M. Javits, Matthew L. Luby

Journal of Dispute Resolution

Annually every spring—until the COVID-19 pandemic which began in March 2020, professional sports teams turn to their own budding prospects. Rookie drafts garner media attention and propel the possibility of staggering salaries into the headlines. Undrafted free agents, for their part, begin searching for jobs. With a lesser celebrity profile, many American workers have themselves become free agents in an economy transformed by technology The static newspaper classified ads of the past have been joined by vast online platforms, such as TaskRabbit and Freelancer.com, that allow jobseekers to connect with individuals seeking a diverse range of services—from graphic design and …

Third Party Arbitration Funding And Islamic Shari’A: Friends Not Foes, Mohamed Sweify

Journal of Dispute Resolution

International arbitration exacts considerable monetary costs. In response, new mechanisms have emerged to eliminate the risks of these costs. One of these mechanisms is Third-Party Funding (TPF). Claimants may consider TPF where they cannot afford the costs of arbitration or to spread their risks and take the claim costs off their corporate balance sheets. It enables the poorly funded party to pursue its claim on an equal footing with the well-funded one. Recently, TPF has acquired great attention that made it a revolutionary development in the practice of international arbitration. The practice of TPF has moved from common law jurisdictions …