Dispute Resolution and Arbitration Commons^™

Doctrinal Conflict In Foreign Investment Regulation In India: ​​Ntt Docomo Vs. Tata Sons And The Case For “Downside Protection”, M. P. Ram Mohan, Nobuhisa Ishizuka, Sidharth Sharma

Faculty Scholarship

The strategic importance of India as an investment destination for foreign investors is highlighted by ongoing tensions in the Indo-Pacific region and the recognition that a strong economic relationship with India is in the interests of countries seeking a more stable balance of power in the region. From a policy perspective, India has struggled to balance its own economic interests with the commercial requirements of investors. Rules attempting to strike this balance have created uncertainties that have resulted in investors seeking greater protections for their investments, which in turn have triggered additional regulatory responses that enforce India’s policy preferences. The …

Every Reasonable Chance Plus Two: How The Red Hook Community Justice Center Bridges The Gap Between The Community And The Justice System, Se Won Park

Cardozo Journal of Conflict Resolution

The following is excerpted from an article published by Fordham Law News:

Standing before Judge Calabrese is Sean Johnson (his name has been changed to protect his privacy). Over the years he has been in and out of Rikers Island and has been arrested multiple times, most recently for shoplifting.

Today, Johnson has come before Judge Calabrese not for arraignment or sentencing but to do his part to solve some of the problems that have kept him cycling in and out of prison. On this afternoon, he has tested drug-free after months of counseling and treatment.

"Mr. Johnson," Judge Calabrese …

Increasing Crisis Hostage Negotiator Effectiveness: Embracing Awe And Other Resilience Practices, Jeff Thompson, Amy R. Grubb, Noam Ebner, Alice Chirico, Marta Pizzolante

Cardozo Journal of Conflict Resolution

Crisis and hostage negotiators are conflict resolution professionals who work toward peacefully resolving tense and possible volatile incidents. These law enforcement negotiators must possess comprehensive knowledge of the required skills and strategically deploy them to accomplish their goals. This exploratory Article examines the skills that make law enforcement negotiators effective and proposes how experiencing awe and a variety of other resilience practices can potentially enhance their abilities. The Article concludes by advocating that awe and other resilience practices can also benefit the greater conflict resolution community, including other types of negotiators and mediators.

The "End" Of Neutrality: Tumultuous Times Require A Deeper Value, Carol Pauli

Cardozo Journal of Conflict Resolution

American political talk has grown so fragmented and polarized that some observers say that "[w]e are no longer in any 'public conversation." Accusations of "fake news" are followed by disheartening discoveries that providing people with accurate information may only serve to further entrench their erroneous beliefs. One longtime journalism professor worries aloud that "what's at risk is the idea of a public that is even 'inform-able."' Putting the problem in terms familiar to mediation, can we get the parties back to the table? This essay will focus on journalists, whose ideal has been to maintain a neutral position from which …

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 24 (2022–23)

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 24, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

Alternative Dispute Resolution In Child Sexual Abuse Cases: Approaches For Minimizing Victimization, Stephanie Leavitt

Cardozo Journal of Conflict Resolution

No abstract provided.

The Semiconductor Industry's Need For Better Negotiation To Combat China's Rise, Joshua Becker

Cardozo Journal of Conflict Resolution

No abstract provided.

Extra Life: An Odr Mediation System As A Moderation Tool For Live Streaming Platforms, Myeonghwan Cha

Cardozo Journal of Conflict Resolution

No abstract provided.

The Need For Mediation In Internal Whistleblowing Mechanisms, Elad Michael

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 24, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

What Happens Before The First Mediation Session? An Empirical Study Of Pre-Session Communications, Roselle L. Wissler, Art Hinshaw

Cardozo Journal of Conflict Resolution

Mediator, lawyer, and party preparation in advance of the first formal mediation session is widely seen as important for the effectiveness of the mediation. Communications between the mediator and the mediation participants before the first mediation session, along with the submission of case information and documents to the mediator, are two primary means of information exchange to aid preparation. Few studies have looked at what occurs during these early stages, despite their centrality to mediation. The present Article reports the findings of a study of more than 1,000 mediators in different mediation settings and dispute types across eight states that …

The Need For Adopting Mass Arbitration Waivers In The Online Sports Betting Industry, Samuel Ditchek

Cardozo Journal of Conflict Resolution

FanDuel and DraftKings, two ascending corporate powerhouses, have been the driving force in online sports betting's surge in popularity. Akin to other online services, both of these providers have featured/currently feature binding arbitration clauses that compel users to settle disputes through arbitration. Though their Terms of Use resemble typical consumer contracts, FanDuel and DraftKings have made a costly error in failing to account for mass copycat arbitration actions. These types of actions are avenues for large groups of consumers to individually file arbitration claims in order to force a settlement. Without the intention of actually pursuing their arbitration claims, consumers …

Making Sex Work Safe: Using A Consensus-Based Approach To Create Meaningful Policy For Sex Workers, Alexandra Sandler

Cardozo Journal of Conflict Resolution

Sex work has been described as the world's oldest profession, yet it has remained nearly unchanged in the U.S., largely due to the conflation between sex work and sex trafficking. The term "sex worker" refers to a person who willingly works in the industry to make a living. Sex trafficking, though, is a form of modern-day slavery, in which an individual performs commercial sex as a result of force, fraud, or coercion. The conflation of sex work and sex trafficking in the U.S. has resulted in oppressive policies that undermine the rights and safety of sex workers. With the exception …

Smoke Without Fire: Employing Mediation To Create Workplace Accommodations For Medical Cannabis Use By Disabled Armed Forces Veterans, Brendan William Potocki

Cardozo Journal of Conflict Resolution

Over the course of a nearly twelve-year career in the Air Force, which included multiple tours of duty in Afghanistan and Iraq, Stephen Otero experienced unspeakable trauma. He has the scars-both visible and invisible-to prove it. Despite being diagnosed with post-traumatic stress disorder ("PTSD") in 2008, Otero once again placed country before self and reaffirmed his commitment to serving the United States by agreeing to complete another tour of duty. During this final deployment, Otero sustained extensive abdominal injuries as a result of a suicide bombing attack.

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”.

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.

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 …

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”).

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?

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. …

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 …

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 …

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.

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 …

What’S Going On? An Overview Of Diversity, Equity, And Inclusion Dispute Resolution Initiatives In New York, Robyn Weinstein, Michelle Lavrichenko

Articles

Leaders in the dispute resolution profession in New York State have been working to implement various fellowships, mentorship programs, scholarships, and other initiatives aimed at increasing diversity, equity, and inclusion in the field of dispute resolution. This article will provide an overview of the current ADR-related diversity, equity, and inclusion initiatives throughout New York and introduce you to five individuals participating in DEI ADR fellowships and mentorship programs across the state.

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 …

The Role Of The Registry And Legal Division Of The African Court Of Human And People's Rights In Dispute Settlement, Olabisi D. Akinkugbe, Morris K. Odeh

Articles, Book Chapters, & Popular Press

This Essay explores whether the African Court of Human and People's Rights’ (African Court) Registry and Legal Division have a similar expansive role in the dispute settlement mechanism as the World Trade Organization's (WTO) Secretariat. The African Court is the African Union's regional body for enforcing human rights. This Essay contributes to the scholarship on African international courts by testing the central arguments in Pauwelyn and Pelc's “Who Guards the ‘Guardians of the System’? The Role of the Secretariat in WTO Dispute Settlement” through a comparative analysis of the role of the Secretariat within the African Court. Despite the growing …

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 …

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

Faculty Scholarship

No abstract provided.