Dispute Resolution and Arbitration Commons^™

The Obligatory Nature Of Arbitration Awards And Their Implementation In National And International Arbitration Dr. George Hazbon Hazbon & Dr. Radwan Obaidat, George Hazboun

UAEU Law Journal

This research aimed to analyse the arbitration award in it's various natures to deal with the principle of resjudicate issue in the domestic arbitration, the foreign arbitration and the private international one. Also the research dealt with the exceptions to the principle in a comparative view, to focus finally on the possibility of considering an absolute effect of the principle besides the relative one.

Anna Howard’S New Book Examines Why Businesses Don’T Use Mediation – And Other Issues, John Lande

Faculty Blogs

Anna Howard‘s book, EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes, provides valuable insights about business disputing. Her study is based on 21 semi-structured interviews of senior in-house counsel in multi-national companies operating in Europe. It shows that lawyers think about disputes from the outset of problems, not simply at the later stages of cases. The study pays particular attention to why businesses don’t use mediation, highlighting the impact of internal organizational dynamics.

Writing Condition And Electronic Arbitration A Comparative Study, Ibrahim Sabri Al-Arnaout

UAEU Law Journal

This research is concerned with the issue of writing the arbitration agreement which is a formal condition required by the comparative legislation to conclude the arbitration agreement. Its purpose is to identify all the legal aspects of this condition and demonstrate its concept, nature and aspects. Then a question about the extent of the need for the traditional writing condition for the electronic arbitration agreement to be legal and correct is raised out with respect to showing the concept of this kind of arbitration. Namely, how the writing condition is satisfied within it and what the required conditions for the …

The Economics Of Class Action Waivers, Albert H. Choi, Kathryn E. Spier

Articles

Many firms require consumers, employees, and suppliers to sign class action waivers as a condition of doing business with the firm, and the U.S. Supreme Court has endorsed companies’ ability to block class actions through mandatory individual arbitration clauses. Are class action waivers serving the interests of society or are they facilitating socially harmful business practices? This paper synthesizes and extends the existing law and economics literature by analyzing the firms’ incentive to impose class action waivers. While in many settings the firms’ incentive to block class actions may be aligned with maximizing social welfare, in many other settings it …

Comments To The Draft Working Group Iii Workplan, Columbia Center On Sustainable Investment, International Institute For Environment And Development, International Institute For Sustainable Development

Columbia Center on Sustainable Investment Staff Publications

The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …

What’S Happening In International Mediation In 2021? [Sidra Survey], Nadja Alexander, Samantha Clare Man Xin Goh, Ryce Lee

Research Collection Yong Pung How School Of Law

The Singapore International Dispute Resolution Academy (“SIDRA”) issued the global International Dispute Resolution Survey: 2020 Final Report (the “SIDRA Survey”) on 3 July 2020, which studied the preferences, experiences, and perspectives of legal users (lawyers and legal advisers) and client users (corporate executives and in-house counsel) with regard to, among other mechanisms, international commercial mediation. Previous blogs have commented on the Survey findings. The SIDRA Survey was followed by a qualitative study conducted between November to December 2020, consisting of in-depth interviews held with 18 Legal Users and Client Users from 11 countries (“SIDRA Interviews”). This post focuses on some …

Choice Of Law Governing A Contract Where Its Existence Is In Dispute: Clarifications From The Singapore International Commercial Court In Lew, Solomon V Kaikhushru Shiavax Nargolwala, Shou Yu Chong

Research Collection Yong Pung How School Of Law

The Singapore International Commercial Court’s judgment in Lew, Solomon v Kaikhushru Shiavax Nargolwala [2020] 3 SLR 61 is noteworthy as it heralds a modest development in Singapore private international law, especially in respect to the not uncommon issue of disputes over cross-border contracts where its existence is challenged. This case represents one of the handful of Singapore precedents which directly addresses the difficult conundrum where both the governing law and the existence of the underlying contract are in dispute. Under this context, it articulates a default choice of law position – the lex fori – where it is impossible to …

New Edition Of Psychology For Lawyers, John Lande

Faculty Blogs

This post describes the second edition of Jennifer Robbennolt and Jean Sternlight’s book, Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation, and Decision Making. Based on the latest research, it provides insights about perception, memory, judgment, decision making, emotion, persuasion and influence, communication, and the psychology of justice. It applies these insights tasks to daily tasks of lawyering, including interviewing, negotiating, counseling, and conducting discovery.

The Arbitration System In Dealing With Urgent Requests, Musaed Alenzi

UAEU Law Journal

Since the appearance of the arbitration system and its advantages, the state's monopoly of judiciary has retreated and the state ceded part of its general authority by allowing individuals and private entities to solve some of their disputes through ways they have consented to follow.

However, the state has still had urgent judiciary - beside the substantive judiciary – which guarantees quick and temporary solutions when imminent risk threatens their interests. As a result, the inquiry can be raised as whether the arbitrary judiciary has jurisdiction over disputes concerning imminent risks or not. After reviewing articles No. 173 – 188 …

The Legal Nature Of Arbitration Disputes In The Iraqi Market For Securities: A Comparative Study., Nasser Jalal, Zaala Said Yahya

UAEU Law Journal

Some Arab legislation pursues arbitration as a single machinery to resolve disputes arising in the stock markets. This includes the Temporary Law for Stock Markets of Iraq No. (74) issued in 2004, which dealt with arbitration as a key access to resolve disputes in the Iraqi Stock market. This trend has been addressed by the Arbitration Rules of Procedure of Iraqi Stock Market in 2008; the legislature believed in arbitration as a best approach to settle disputes which could arise either between brokers or between them and the dealers. This regulation raises several questions such as: is the nature of …

The Legal Nature Of Objection For Arbitration Agreement, Dr. Abdullah Abdul Rahman Al-Khatib

UAEU Law Journal

It is conceded that arbitration agreement prevents parties from filing their lawsuit before the courts. Thus, if one of the parties did not comply with this restriction and, nonetheless, resorted to the court, the respondent can preclude the claimant through an Objection to dismiss the case and refer the dispute to arbitration. The legal system in the UAE recognizes three types of objections, in which, each has its own provisions and rules. Non-observance of these rules may result in severe consequences to an extent the litigant’s right to insist it may be extinguished. As a result, it is imperative to …

Conflict Resolution From An Islamic Perspective: From Conflict Resolution To Diversity Management, Moh'd Naim Yassien, Eman Yassien

UAEU Law Journal

The paper discusses conflict resolution and management concepts provided earlier in literature. Then, using Islamic concepts and Guidance provided by the Quran, the paper shifts the perspective of conflict into a new dimension, considering diversity as the main root for our model. Diversity can be managed well to create synergy(Good outcome), or, if not managed properly, would drive to conflict which the author considers as the bad outcome of diversity , that is why the Quran regards conflict as the cause of failure. Finally, the paper introduces a new model for conflict management process based on Islamic concepts and the …

The Role Of Arbitration In Addressing The Economic Imbalance Of Investment Contracts" Part (I), Alaa El Tamimy Abdo

UAEU Law Journal

Part (1)

The investment thought, especially the foreign one, continued to take precautions and feared the risks associated with the investment in developing countries as a result of the legal instability in these countries (whether at the level of legislations or judicial decisions), national and sectarian conflicts, bureaucracy, rigidity of social structures, and lately the revolutionary movements that swept a number of Arab countries in recent times. Moreover, there are international factors that increased the severity of the aforementioned factors which had adverse effects on the investment projects and the movement of the international credit such as globalization, the information …

Arbitration In Disputes Between Traders In The Jordanian National Capital Market, Murad Mahmoud Almawajdeh

UAEU Law Journal

The Jordanian legislator has adopted voluntary arbitration system as an alternative means for the state judiciary to resolve the disputes between the traders in the national capital market of Jordan. Parties often seek to resolve their disputes through arbitration because of a number of perceived potential advantages over judicial proceedings: arbitration is often faster than litigation in court, it can be cheaper and more flexible for businesses, and arbitral proceedings are generally non-public and can be made confidential.

So, we discussed in this research the legal provisions for arbitration in light of rules and regulations of the Amman Stock Exchange …

Student Paper Topics, John Lande

Faculty Blogs

Students often have problems deciding what to write about for their course papers. This post collects blog posts with provocative ideas that students might elaborate or critique in their papers.

Peace And Conflict Studies Journal Conference, Christopher Appiah-Thompson

Peace and Conflict Studies Journal Conference

Legal Aspects Of Recognition By Virtue Of Electronic Arbitration In The 1958 New York Convention, Dr. Ziad Khalifa Al-Anzi, Abdullah Hamid Algoiri

UAEU Law Journal

The resolution instruments of e-commerce disputes and the e-arbitration have emerged and developed as the result of spreading of e-commerce. International conventions governing the arbitration have not kept pace with these developments. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the "1958 New York Arbitration Convention", is the most important of these conventions. This convention deals with many legal problems of the use of electronic means of arbitration, including the requirement of traditional writing of the arbitration agreement, submitting of the original agreement certified by the competent authorities and the exchange of notifications and …

Remuneration Of The Arbitrators In International Commercial Arbitration: Arbitrators’Authority In Setting Their Fees And The Oversight Role Of The Judiciary, Mosleh Ahmad Tarawneh, Abdullah Aldmour

UAEU Law Journal

This article examines the nature and the enforceability of arbitrators’ authority in setting their fees. It seeks to identify the different methods, factors, determinants of calculating fees, and the guarantees that entitle them to meet these fees. The fundamental question is: Could the arbitrators force the parties to pay their fees by issuing an award against them? The Article will also examine the role of the national courts in setting or controlling the fees of the arbitrators and the advance payment of arbitration costs.

Keywords: International Commercial Arbitration, Arbitrators, Remuneration of the Arbitrators, Cost-control, Advance payment on Cost, Jordanian Arbitration …

The Invalidity Of The Arbitration Award In The Saudi Law, Hussein Shehada Al Hussein

UAEU Law Journal

The judicial ruling is issued by the judges of the State whom are appointed, after the verification of certain conditions on both personal and scientific sides. Despite their scientific and practical qualification, the judgments of the State's jurisdiction shall be subject to appeal according to the judicial system of each country, unlike the arbitration awards. It should be noted that most of the Arab arbitration laws do not stipulate conditions in the arbitrator related to the scientific field , where the illiterate person in some countries can be arbitrator, The arbitration Law in Saudi did not require that the arbitrator …

Maintaining The Attractiveness Of Arbitration In A Changing World: The Acica Arbitration Rules And The Siac Arbitration Rules, Gabriel Moens, Camilla Andersen, Tracy Albin

UAEU Law Journal

Australian Centre for International Commercial Arbitration – Singapore International Arbitration Centre – Arbitration – Emergency Arbitrator – Interim Measures of Protection – Consolidation – Joinder – Confidentiality – Experts – Mediation – Judicialization of Arbitration – Popularity of Arbitration This article reviews the revised arbitration rules adopted by the Australian Centre for International Commercial Arbitration and the Singapore International Arbitration Centre. The rules of these prominent arbitration institutions are described, analysed and compared with each other. The authors concentrate on the most important revisions, including those relating to emergency arbitrators, interim measures of protection, and consolidation and joinder, among others. …

The Means Of Settling Disputes In The Securities Market: A Comparative Study, Dr. Yasser Bassem Al-Sabawi

UAEU Law Journal

time being, one of the most important types of investments and the most important funding source for States. For the purpose of protecting investment and investors at the same time from the damage that may have been occurred as a result of speculation unlawful acts committed by speculators in the money market, the legislator has prohibited in most of the countries that organize this investment dealing with stock markets, only through the intermediary companies and they are joint stock companies called listed securities. The perception is that disputes may rise between the client and this type of companies, so it …

Should The European Union Fix, Leave Or Kill The Energy Charter Treaty?, Martin Dietrich Brauch

Columbia Center on Sustainable Investment Staff Publications

In the early 1990s, the European Economic Community – the predecessor of the European Union (EU) – spearheaded an initiative to promote international cooperation in the energy sector, particularly with post-Soviet States in Eastern Europe and Central Asia. Out of this process the Energy Charter Treaty (ECT) was born in 1994. Going much beyond international cooperation, the treaty allows foreign investors in the energy sector to sue their host States in international arbitral tribunals and claim monetary compensation when policy measures and other State action affect their interests.

Fast-forward to 2021. With 135 known cases initiated to date, the ECT’s …

Introduction To Symposium On "Adr's Place In Navigating A Polarized Era", Nancy A. Welsh

Faculty Scholarship

Ours is a nation built for conflict, for friction. Such conflict, while painful, can be good. It can signal newfound agency, and it can be a catalyst for dialogue, customized and creative solutions, and ultimately progress. This is what many dispute resolution academics teach their students. But we are caught in such an extraordinarily polarized time, and many wonder what role ADR can and should play in navigating a polarized era. That was the question addressed by Texas A&M School of Law's March 2020 symposium, with the resulting articles - by Baruch Bush & Peter Miller, Jonathan Cohen, Jill DeTemple, …

To Thine Own Self Be True? Incentive Problems In Personalized Law, Jordan M. Barry, John William Hatfield, Scott Duke Kominers

William & Mary Law Review

Recent years have seen an explosion of scholarship on “personalized law.” Commentators foresee a world in which regulators armed with big data and machine learning techniques determine the optimal legal rule for every regulated party, then instantaneously disseminate their decisions via smartphones and other “smart” devices. They envision a legal utopia in which every fact pattern is assigned society’s preferred legal treatment in real time.

But regulation is a dynamic process; regulated parties react to law. They change their behavior to pursue their preferred outcomes— which often diverge from society’s—and they will continue to do so under personalized law: They …

Recommendations To Develop International Commercial Mediation In Singapore, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the recommendations of a Working Group established in April 2013 by Singapore’s Chief Justice and the Ministry of Law to transform and develop its international commercial mediation sector are presented.

The Extent Of The Arbitrator's Immunity And Liability For His Faults: Analytical Study In The Saudi And French Legal Systems, Dr. Osman Murad Khalak

UAEU Law Journal

This study deals with the examination of the immunity of the arbitrator and his responsibility for his mistakes in the performance of the arbitration task towards the parties to the arbitration dispute, in the Saudi and French systems. The arbitration function requires that the arbitrator adjudicate the disputes before him under the arbitration agreement. He must therefore enjoy the same immunity as a judge in the exercise of his or her functions so that he or she can carry out all his responsibilities without any fear of being liable and raised by the parties to the dispute, especially if his …

A Review Of The Federal Legislature Approach On The Conclusion Of An Arbitration Agreement By A Minor Authorized To Manage Or Trade, Dr. Abdullah Abdul Rahman Al-Khatib

UAEU Law Journal

This article re-examines the position of the UAE law towards the arbitration agreement when being concluded by “permitted-minor of managing or trading”. The general rules of legal competency are that a “permitted-minor” shall be considered adult, i.e. a person with full capacity, with regards to legal issues within the boundaries of that permission. Thus, making their arbitration agreement valid and binding. This article provides a new perspective to such rule and a thorough examination justifies for a different opinion. It is well established that the authority bestowed by the Permission for Managing is not as wide as of the Permission …

Adr Empirical Research Studies (Summer 2013-Fall 2022), James Coben, Donna Stienstra

ADR Empirical Research Studies

No abstract provided.

Between Backlash And The Re-Emerging “Calvo Doctrine”: Investor-State Dispute Settlement In An Era Of Socialism, Protectionism, And Nationalism, Ylli Dautaj

Northwestern Journal of International Law & Business

The Investor-State Dispute Settlement (ISDS) regime stands on shaky ground. Its legitimacy is heavily questioned by critics and a “backlash debate” has ensued. As a result, a contested and infected debate has been on-going for some years now and multiple reform proposals have been offered, ranging from (a) moderate (and sensible) reform proposals—e.g., increased transparency; the inclusion of state counterclaims; the inclusion of higher ethical standards; reformulating deference standards; applying human rights and environmental law when interpreting international investment treaties; etc.—to more (b) radical reform proposals—e.g., the elaboration of either an Appellate System or an Investment Court System (ICS). Such …

Mediation: Embedded Assumptions Of Whiteness?, Sharon Press, Ellen E. Deason

Faculty Scholarship

This article attempts to uncover some of the systemic ways in which white supremacy is expressed in the practice of mediation in the United States with the goal of inspiring additional conversations and deeper attention to these issues by scholars and practitioners in the field of dispute resolution. Our methodology is to apply the themes in Layla F. Saad’s book, Me and White Supremacy: Combat Racism, Change the World, and Become a Good Ancestor (2020). We use the lenses of tone policing, color-blindness, racial stereotyping, anti-blackness, white silence, and white supremacy to reflect on the following aspects of mediation: communication …