Dispute Resolution and Arbitration Commons^™

A New (Deepwater) Horizon For Arbitrator Bias, Michael Konen

Arbitration Law Review (2009 - Present)

No abstract provided.

Contributory Fault And Investor Misconduct In Investment Arbitration, Matthew Nichol

Arbitration Law Review (2009 - Present)

No abstract provided.

Finra’S Dispute Resolution Pandemic Response, Kristen M. Blankley

Arbitration Law Review (2009 - Present)

No abstract provided.

What Title Ix Dispute Systems Designers Can Learn From Arbitration, Sarah Rudolph Cole

Arbitration Law Review (2009 - Present)

No abstract provided.

Storm And Wastewater Infrastructure: Negotiating Disputes In The Face Of Covid And Extreme Weather Events, Shannon Leininger

Arbitration Law Review (2009 - Present)

No abstract provided.

Article: Misplaced Fear, How Private International Arbitration Will Not Crumble In The Face Of Compelling Discovery Under § 1782(A), Keenan Rambo

Arbitration Law Review (2009 - Present)

No abstract provided.

The Importance Of Ethics In The Practice Of Mediation, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

What is the predominant function of ethics for the mediation profession in Singapore? Do ethical principles assume greater significance in light of increasing institutionalisation of mediation programmes in Singapore? What can mediators, mediation advocates and mediation institutions do to ensure consistent adherence to ethical standards? These and other related issues were discussed in a webinar organised by the Singapore Academy of Law in May 2021 featuring Lim Tat, Chuan Wee Meng and this author as panellists, together with See Chern Yang as moderator. This article highlights the notable discussion points of the webinar, including the significance of mediation ethics, common …

The Case For An International Solution To The Restitution Of Cultural Property: Morality, Legality And Righting Western Wrongs, Ariana Catarisano

Brooklyn Journal of International Law

In 2020, the conversation surrounding the return of cultural property acquired during the colonial era was given new life after the world watched as Black Lives Matter activists exposed systemic racial injustice in the United States. Thousands of objects currently sit in western museums under the guise of sharing these cultures and civilizations with the world, but this brings little comfort to communities suffering the genocidal consequences of colonialism. As formerly colonized nations battle the western world for the return of their cultural property, success is often dictated by a combination of power, money, and the ability to turn the …

Beyond The Grave: A Fiduciary’S Access To A Decedent’S Digital Assets, Isabelle N. Sehati

Cardozo Law Review

No abstract provided.

Towards Greater Investor Accountability: Indirect Actions, Direct Actions By States And Direct Actions By Individuals, Martin Jarrett, Sergio Puig, Steven R. Ratner

Articles

Investor accountability in international investment law (IIL) has been gaining increasing traction in recent years. Most visibly, some states have included investor obligations in their investment treaties, while others have made them part of their model treaties. While highly significant for the substance of IIL, these duties need adequate procedural tools to enforce them. Otherwise, investor obligations will be only decorative features of investment treaties without any legal meaning. The oft-discussed option of counterclaims is limited insofar as it may only be launched after an investor has made a claim against a state. As a result, it is important to …

Simulations Based On Actual Cases – Why Reinvent The Wheel?, John Lande

Faculty Blogs

This post describes Debra Berman’s use of materials from actual cases for simulations in her negotiation and mediation courses. She provides litigation documents, including the complaint, motions, and other documents such as discovery requests, disclosures, and scheduling orders as well as a short settlement memo that she drafts. She observed dramatic improvements in her students’ performance. They were excited to work with real cases and were more prepared.

A Strategy Model For Workplace Mediation Success, Brian M. Barry Dr

Articles

The article proposes a three-step model to help workplace mediators decide on the optimum strategy for mediating workplace disputes. The model uses a grid – the Workplace Mediation Strategy Grid – which is based on a modified version of a grid Professor Leonard Riskin developed for categorising mediation orientations (Riskin 1994; Riskin 1996). The model asks the mediator to first consider the nature of the workplace dispute based on three facets of the dispute. This guides the mediator to plot a position on the Grid which represents two fundamental aspects of strategy for mediating that dispute: (1) how broadly the …

Going Far Together By Being Here Now: Mindfulness Increases Cooperation In Negotiations, Theodore Charles Masters-Waage, Jared Nai, Jochen Reb, Samantha Sim, Jayanth Narayanan, Noriko Tan

Research Collection Lee Kong Chian School Of Business

Integrating theorizing across the mindfulness and negotiation literatures, we hypothesize that mindfulness increases cooperation in negotiations. We further propose that processes of self-transcendence, self-regulation, and self-awareness mediate this effect. We test these hypotheses in five studies across different forms of cooperation, in both distributive and integrative negotiation contexts, and for both measured and experimentally induced mindfulness. In Study 1a, individuals higher on measured state mindfulness displayed greater cooperative orientation measured as preference for pareto-optimal agreements. In Study 1b, experimentally induced mindfulness led to greater cooperative orientation measured as the recall of cooperative heuristics. In Study 2, a distributive (fixed-sum) negotiation, …

Advocates Say Isds Is Necessary Because Domestic Courts Are ‘Inadequate,’ But Claims And Decisions Don’T Reveal Systemic Failings, Maria Rocha, Martin Dietrich Brauch, Tehtena Mebratu-Tsegaye

Columbia Center on Sustainable Investment Staff Publications

Proponents of including investor-state dispute settlement (ISDS) provisions in treaties, contracts, and even national laws argue that ISDS is necessary because domestic courts are “inadequate.” Without this mechanism, foreign investors would be dependent on domestic courts and administrative mechanisms, which, proponents claim, are often inefficient, slow, biased, corrupt, and lacking in international law expertise, especially in developing countries. As one insight to analyze the “inadequate courts” argument, CCSI has examined treaty-based ISDS cases in which investors complained of domestic court proceedings or decisions, including the specific complaints and the tribunals’ analysis of those claims.

Arbitrating Security Class Actions: The Limits Of Forum Selection Bylaws, Paul Schochet

St. John's Law Review

No abstract provided.

Spring 2022 Clinical Program, Benjamin N. Cardozo School Of Law

2021–2022 Flyers

No abstract provided.

Constructing Good Odr Systems, John Lande

Faculty Blogs

This post presents an article by Amy Schmitz and John Zeleznikow, Intelligent Legal Tech to Empower Self-Represented Litigants. It helps explain why ODR systems sometimes don’t fulfill parties’ needs. The article develops a typology of six functions that various ODR systems perform: case management, triaging, advisory, communication, decision support, and drafting. It includes a great appendix listing ODR systems and which of these functions they perform, noting that some systems perform multiple functions. It argues that artificial intelligence and data analytics have the potential to help self-represented litigants and others pursue remedies and justice.

Sacred Corporate Law, Giancarlo Anello, Sergio Alberto Gramitto Ricci, Mohamed Arafa

Faculty Works

This Article investigates the sacred origins of the corporate form. It sheds light on the sacred rituals performed to establish Ancient Roman cities as legal entities. It discusses the role of the Roman Catholic Church in developing the corporate form and in giving birth to a systemized set of rules regulating corporations, which we commonly call corporate law. It analyzes the limitations to the use of the corporate form in Islamic law as well as the streams of Islamic law jurisprudence that recognize legal capacity to specific entities with religious, social, or charitable purposes. It surveys the characteristics of two …

What’S The Best Way To Give Ground In A Negotiation?, Kian Siong Tey, Michael Schaerer, Nikhil Madan, Roderick Swaab

Research Collection Lee Kong Chian School Of Business

How much should you change your offer at each round of a negotiation? The stakes can be high: Give away too much and you devalue your offer; give away too little and you risk getting stuck in an impasse. The authors’ recent research shows that a rare approach to concessions — reducing the amount by which you reduce your offer each round — can yield the most value because it sends a clear signal about your final offer.

Investor-State Mediation And The Belt And Road Initiative: Examining The Conditions For Settlement, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

Despite the dominance of arbitration in the realm of investor-state disputes, the variety of proposals for reform suggest considerable stakeholder discontent with the current framework. One suggested reform is the introduction of investor–state mediation, which has been supported by the conclusion of the Singapore Convention on Mediation and the proposal by the International Centre for Settlement of Investment Disputes (ICSID) of a set of mediation rules. This article examines the respective merits of arbitration and mediation to settle investment disputes related to the Belt and Road Initiative. Many of the principles underpinning the implementation of the Belt and Road Initiative …

Arbitration At The Supreme Court: The Faa From Rbg To Acb, Brian Farkas

Cardozo Law Review

Justice Ruth Bader Ginsburg left a profound mark on countless areas of law: gender equality, discrimination law, and voting rights, to name just a few. These weighty subjects have rightfully occupied the many scholars and journalists who have analyzed her legacy. These same subjects have animated vigorous conversations around former President Donald Trump’s selection of Justice Amy Coney Barrett—previously of the U.S. Court of Appeals for the Seventh Circuit—to replace her.

The Prague Rules: Fresh Prospects For Designing A Bespoke Process, Janet Walker

Articles & Book Chapters

No abstract provided.

Investor-State Dispute Prevention: A Critical Reflection, Lise Johnson, Lisa E. Sachs, Ella Merrill

Columbia Center on Sustainable Investment Staff Publications

With the rise of treaty-based investor-state dispute settlement (“ISDS”) which has taken place over the last two decades, a number of governments have adopted varying approaches to avoid those arbitration cases. Countries including Bosnia and Herzegovina, Colombia, Mexico, Mongolia, and Peru have pursued such initiatives, often with the support of intergovernmental organizations such as the United Nations Convention on Trade and Development (“UNCTAD”) and the World Bank.

In the context of discussions on ISDS reform taking place at the United Nations Commission on International Trade Law (“UNCITRAL”), some states have identified development and implementation of such ISDS-avoidance strategies and tools …

How To Be A Better Plea Bargainer, Cynthia Alkon, Andrea Kupfer Schneider

Faculty Scholarship

Preparation matters in negotiation. While plea bargaining is a criminal lawyer’s primary activity, the value of this skill is discounted by law schools and training programs. A systemic model can be used to improve plea bargaining skills. This Article offers a prep sheet for both prosecutors and defense attorneys and explains how each element of the sheet specifically applies to the plea bargaining context. The prep sheet is designed as a learning tool so that the negotiator can learn from the sheet and then make their own. The sheet highlights important considerations such as understanding the interests and goals of …

Proper Characterisation Of The Parol Evidence Rule And Its Applicability In International Arbitration, Darius Chan, Yi Hang Louis Lau

Research Collection Yong Pung How School Of Law

Most arbitral statutes and institutional rules give great latitude to tribunals on the admissibility of evidence, and do not mandate application of domestic rules of evidence. In common law jurisdictions where the parol evidence rule applies, the issue that arises is whether the parol evidence rule is necessarily a procedural rule of evidence which tribunals are not bound to apply, especially in jurisdictions which have codified the rule under domestic evidence legislation. Notwithstanding any codification, this article argues that the parol evidence rule at common law is a substantive rule of contractual interpretation that should be applied as part of …

Opt-In Arbitration: A Functional Alternative To The Fair Act, Garrett Meisman

BYU Law Review

No abstract provided.

Teaching Students To Think Like Practitioners, John Lande

Faculty Blogs

This post summarizes ideas from a presentation focused on how to teach students to think like a mediator. This post applies the same logic to thinking like an advocate in mediation or a negotiator. The techniques can be applied in courses teaching practice skills through simulations, externships, and clinical experiences. The post includes possible teaching assignments.

Swords Into Plowshares: A Pilgrimage For The Css Alabama, William W. Park

Faculty Scholarship

During the American Civil War, Britain sold ships to the Southern Confederacy in breach of neutrality obligations, triggering a dispute with the United States carrying threats of armed conflict. Some American politicians saw the dispute as an opportunity to annex Canada, then a weak assemblage of British colonies. Ultimately, arbitration in Geneva averted war, opening an era of long Anglo-American cooperation. The historical consequence of this landmark 1872 arbitration remains difficult to overstate. In addition to its diplomatic importance, the case introduced significant procedural precedents for international arbitration, including dissenting options, reasoned awards, party-appointed arbitrators, collegial deliberations, and arbitrators’ declarations …

To Stay Or Not To Stay? A Clash Of Arbitration And Insolvency Regimes, Darius Chan, Sidharrth B Rajagopal

Research Collection Yong Pung How School Of Law

In the wake of the global Coronavirus disease 2019 (COVID-19) pandemic, a rise in creditorinitiated winding-up proceedings is likely to be impending in coming years (See e.g., RCMA Asia Pte. Ltd. v. Sun Electric Power Pte. Ltd. [2020] SGHC 205). At the same time, geopolitical developments, such as the scale and ambition of Belt & Road Initiative projects, have raised questions over the issue of debt sustainability. Given the prevalence of arbitration clauses in modern international commercial and project agreements, the interplay and relationship between insolvency and dispute resolution, and especially arbitration, requires careful attention. While the intersections between the …

Settlement Of Disputes Arising From Documentary Credit Under National And International Regulations, Dr. Hoda Magdy Nour

UAEU Law Journal

The need Settlement of disputes arising from bank credit between national and international rules, protecting the interests of the bank and ensuring its financial rights before the debtor.

As the Bank faces different technical and legal difficulties, as well as the multiplicity of legal adaptation, we deal with the rules governing banking accreditation from the point of pleadings law, and the methods of amicable settlement of these disputes and following, and compulsory execution.

International efforts are taking the lead in establishing the technical regulation of bank accreditation and setting rules "DOCDEX" in 1997, and the 2015 amendments, which still need …