Dispute Resolution and Arbitration | Open Access Articles

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.

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

DePaul Business & Commercial Law Journal

No abstract provided.

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

DePaul Business & Commercial Law Journal

No abstract provided.

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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 …

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Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.

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Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.

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“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.

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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 …

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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.

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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 …

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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.

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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”.

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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.

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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 …

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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”).

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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?

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The Interaction Between Foreign And Domestic Doctrines Of Illegality: Ang Jian Sheng Jonathan V Lyu Yan [2021] 1 Slr 1091, Wen Yee Chang

Singapore Law Journal (Lexicon)

Moves to promote Singapore as an international dispute resolution hub in recent years1 have seen an increase in the number of international disputes being heard in Singapore.2 In 2021, Singapore was recognised as the top seat of arbitration globally, with the Singapore International Arbitration Centre chosen as the most preferred arbitral institution in the Asia-Pacific.3 On the litigation front, the Singapore International Commercial Court (“SICC”) is also well-positioned to deal with an expected 26 percent surge in cross-border insolvency disputes arising due to the current pandemic.4 Against this backdrop, cross-border issues will be more frequently dealt with before Singapore courts. …

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Reforming Singapore’S Law On Division Of Matrimonial Assets, Jia En Teo

Singapore Law Journal (Lexicon)

Section 46(1) of the Women’s Charter undergirds the sacrosanct institution that is marriage – it lays out its moral basis and expresses society’s hopes and expectations of the ideal marital relationship: marriage is an equal cooperative partnership of different efforts for mutual benefit. It is thus no surprise that even when a marriage is terminated, the division of matrimonial assets is also founded upon this prevailing ideology. However, as opposed to equal division, Singapore law dictates a “just and equitable” division of matrimonial assets, where wide discretion and power is vested in the judiciary. This legal rule has been criticised …

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Giants Of Contract Law – Some Personal Reflections, Hon. Andrew Phang

Singapore Law Journal (Lexicon)

The law of contract may seem mostly technical and, on occasion, even overly theoretical. However, if one looks more closely at its foundations as well as scholarship, it is clear that contract law has much greater value to offer us. In that regard, the present essay has two main aims. The first is the give a brief account of the lives as well as scholarship of four giants of contract law whom we have lost in the past few years. Indeed, it may be said that their scholarship has contributed to the foundational bedrock of the law of contract as …

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Police Accountability: How Narrowing The Scope Of Arbitration And Limiting Procedural Protections Can Promote Social Trust And Justice, Adrienne Baker

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

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Appointing Arbitrators: Tenure, Public Confidence, And A Middle Road For Isds Reform, Thomas D. Grant, F. Scott Kieff

Michigan Journal of International Law

Many governments now join academics and activists in questioning whether ad hoc tribunals, which comprise private individuals holding no tenured role on a court, ought to be entrusted with deciding cases, where the resultant awards sometimes impose significant financial burdens on the respondent State, constrain the State’s regulatory choices, and affect the interests of third parties. Investor-State dispute settlement (ISDS), during the great expansion of its practice over the past quarter century, has relied on party-appointed arbitrators to constitute the ad hoc tribunals that hear and decide cases that investors bring. Moved by a turn of public sentiment in recent …

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Systemic Risk Of Contract, Tal Kastner

Scholarly Works

Complexity and uncertainty define our world, now more than ever. Scholars and practitioners have celebrated modular contract design as an especially effective tool to manage these challenges. Modularity divides complex structures into relatively discrete, independent components with simple connections. The benefits of this fundamental drafting approach are intuitive. Lawyers divide contracts into sections and provisions to make them easier to understand and reduce uncertainty. Dealmakers constructing complex transactions use portable agreements as building blocks to reduce drafting costs and enable innovation. Little attention, however, has been paid to the risks introduced by modularity in contracts. This Article demonstrates how this …

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Trade's Mini-Deals, Kathleen Claussen

Articles

The modern consensus is that U.S. trade law is made through statute and through large congressional-executive agreements, both of which maintain Congress' constitutional primacy over the regulation of foreign commerce. Contrary to this understanding, however, short, targeted agreements negotiated by the U.S. executive with foreign trading partners - recently referred to as "mini-deals" - have become a fixture of the trade law landscape over the last three decades in staggering number. More than 1,200 such agreements govern the movement of goods and services in and out of the United States from and to 130 countries. Such deals are not only …

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Abuse Just Out Of Frame: The Impact Of Online Dispute Resolution On Domestic Violence, Haley Benson

Journal of Dispute Resolution

“This is a[n] issue we didn’t have when we had live court.” It was a chilling day for prosecutor Deborah Davis when she discovered a victim of domestic violence was in the same apartment as her abuser during a session of Zoom court. In this case, the survivor had done the hardest part; she had made the decision to prosecute her abuser. As court began, Davis saw that her client had a similar virtual background to the alleged abuser and noticed that her client was looking away from the camera while answering questions. This prompted Davis to request that police …

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The Lost Cause Of Free Speech, Mary Anne Franks

Articles

No abstract provided.

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Playing The Game Of International Law, Uri Weiss, Joseph Agassi

Touro Law Review

In the realist game of international negotiations, each state attempts to promote their interest regardless of international law. Thus, it is negotiations in the shadow of the sword, i.e., a negotiation in which each side knows that if the parties will not achieve an agreement, the alternative may be a war, and thus the bargaining position of each party is a function of their capacities in a case of war. Negotiation in the shadow of international law is an alternative to it: in this alternative the parties negotiate according to their international legal rights. It reduces injustice and incentive to …

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The Future Of Online Dispute Resolution (Odr): Definitions, Standards, Disability Accessibility, And Legislation, David Allen Larson

Faculty Scholarship

Jurisdictions around the world are increasingly turning to Online Dispute Resolution (‘ODR’) to resolve a variety of disputes. ODR adoption has accelerated primarily because of two reasons. First, the COVID-19 pandemic has forced judicial systems to suspend or severely limit inperson proceedings to control infection rates. Private mediators and arbitrators, likewise, have eliminated or dramatically reduced in-person sessions. Second, judicial systems do not have unlimited !nancial resources. They must always consider ways to provide access to justice as ef!ciently and effectively as possible. ODR may be able to provide signi!cant cost savings. But ODR processes are still new and evolving …

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Rational Actors, Class Action Waivers, And The Emergence Of Mass Individual Arbitration Demands, Richard D. Freer

Faculty Articles

Part I of this Article gives a brief overview of the FAA, including the four understandings that underlay the Court’s jurisprudence for six decades, and the radical transformation wrought by the Court’s rejection of those understandings in the past four decades. Part II discusses how the transformation of the FAA led plaintiff and defense counsel, as rational actors, to adopt positions that ultimately led to the focus on class action waivers. Part III analyzes the Court’s decisions from 2013 to the present and draws at least some tentative conclusions about where things stand a decade after Professor Wasserman raised these …

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Litigation About Mediation: A Case Study In Institutionalization, James Coben

Faculty Scholarship

No abstract provided.

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The Illusion Of The Public Policy Exception: Arbitration, Law Enforcement Discipline, And The Need To Reform Minnesota's Approach To The Public Policy Exception, Ben Larson

Mitchell Hamline Law Review

No abstract provided.

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Full-Text Articles in Dispute Resolution and Arbitration

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

DePaul Business & Commercial Law Journal

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

DePaul Business & Commercial Law Journal

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

DePaul Business & Commercial Law Journal

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

Theses and Dissertations

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

“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

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

Connecticut Law Review

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

Cardozo Journal of Conflict Resolution

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

Cardozo Journal of Conflict Resolution

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

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

Singapore Law Journal (Lexicon)

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)

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)

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)

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)

The Interaction Between Foreign And Domestic Doctrines Of Illegality: Ang Jian Sheng Jonathan V Lyu Yan [2021] 1 Slr 1091, Wen Yee Chang

Singapore Law Journal (Lexicon)

Reforming Singapore’S Law On Division Of Matrimonial Assets, Jia En Teo

Singapore Law Journal (Lexicon)

Giants Of Contract Law – Some Personal Reflections, Hon. Andrew Phang

Singapore Law Journal (Lexicon)

Police Accountability: How Narrowing The Scope Of Arbitration And Limiting Procedural Protections Can Promote Social Trust And Justice, Adrienne Baker

Mitchell Hamline Law Journal of Public Policy and Practice

Appointing Arbitrators: Tenure, Public Confidence, And A Middle Road For Isds Reform, Thomas D. Grant, F. Scott Kieff

Michigan Journal of International Law

Systemic Risk Of Contract, Tal Kastner

Scholarly Works

Trade's Mini-Deals, Kathleen Claussen

Articles

Abuse Just Out Of Frame: The Impact Of Online Dispute Resolution On Domestic Violence, Haley Benson

Journal of Dispute Resolution

The Lost Cause Of Free Speech, Mary Anne Franks

Articles

Playing The Game Of International Law, Uri Weiss, Joseph Agassi

Touro Law Review

The Future Of Online Dispute Resolution (Odr): Definitions, Standards, Disability Accessibility, And Legislation, David Allen Larson

Faculty Scholarship

Rational Actors, Class Action Waivers, And The Emergence Of Mass Individual Arbitration Demands, Richard D. Freer

Faculty Articles

Litigation About Mediation: A Case Study In Institutionalization, James Coben

Faculty Scholarship

The Illusion Of The Public Policy Exception: Arbitration, Law Enforcement Discipline, And The Need To Reform Minnesota's Approach To The Public Policy Exception, Ben Larson

Mitchell Hamline Law Review