Dispute Resolution and Arbitration Commons^™

Circuit Split Deepened By Second Circuit's 'Functional' Test Application In Recent Section 1782 Ruling, Peter B. Rutledge, Emina Sadic Herzberger

Popular Media

Federal law authorizes district courts to order discovery for use in a proceeding before a "foreign or international tribunal." While that law, 28 U.S.C. § 1782, permits interested persons to request such discovery, neither the statutory language nor Supreme Court jurisprudence definitively resolves whether private arbitral tribunals fall within its scope. Unsurprisingly, the lack of clear guidance on this matter has triggered a circuit split, with the Second and Fifth Circuits generally declining to extend § 1782 to private arbitral tribunals while the Fourth and Sixth Circuits broadly interpret the statutory language to apply § 1782 to private arbitral tribunals. …

12 September 2020: The Singapore Convention On Mediation Comes Into Force, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the potential impact of the Singapore Convention on Mediation is analysed.

Taking Disputes Online In A Pandemic-Stricken World: Do We Necessarily Lose More Than We Gain?, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Online dispute resolution (ODR) used to be a secondary feature of the courts, arbitration institutions and mediation providers. ODR systems involving problem diagnosis, facilitation and online adjudication were primarily utilised for low value claims and not extended to all legal claims. Private mediation was largely conducted only on online platforms to bridge physical distances. However, the COVID pandemic has very abruptly compelled the courts and other dispute resolution practitioners to shift face-to-face processes to the virtual environment. ODR is likely to be the mainstream, and no longer the alternative, way of managing disputes in the immediate future.

The rapid migration …

Japan-Singapore Joint Mediation Protocol Announced, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post, the potential impact of the Japan-Singapore Joint Mediation Protocol is analysed.

What’S A Bottom Line?, John M. Lande

Faculty Blogs

During the life cycle of a case, lawyers start with vague and tentative bottom lines, and they develop more precise and confident bottom lines as the case progresses. People typically are not candid with others – and sometimes even with themselves – about their real walkaway point (or “trip wire”) for ending negotiations. Indeed, “bottom line” claims are standard negotiation gambits using wildly inflated numbers that experienced negotiators and mediators routinely assume to be false.

Batna May Be Less Important Than You Think – And Teach, John M. Lande

Faculty Blogs

When bargaining in the shadow of the law, the expected court outcome (aka BATNA value) is only part of the more important consideration for negotiators – their bottom lines.

A Matter Of Interpretation? Understanding And Applying Mediation Standards For The Cross-Border Enforcement Of Mediated Settlement Agreements, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

This article focuses on the future role to be played by mediation standards in view of the signing of the Singapore Convention on Mediation. It argues that the convention has elevated the standing of mediation standards from soft regulatory codes to quasi-legal grounds impacting the enforcement of mediated settlements. However, the inherently generalized nature of mediation standards does not render them amenable to contextualized interpretation. More significantly, the courts may adopt the wrong frame when construing mediation standards. It is therefore imperative that the mediation community find ways to bridge frames and facilitate the cross-border understanding of standards.

What Users Say About Technology In Mediation: 2020 Sidra Survey, Part 3, Nadja Alexander, Allison Goh

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the use and appreciation of technology in mediation among client users is analysed.

Pepperdine Dispute Resolution Law Journal Contents & Masthead, Savannah Billingham-Hemminger

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Jewish Law Perspectives On Judicial Settlement Practice, Shlomo Pill

Pepperdine Dispute Resolution Law Journal

The classic adjudicatory paradigm of opposing attorneys facing off at trial before a judge and jury in order to receive a favorable judgment is an image long past. Increased litigation volume, and the added time and expense of modern litigation has resulted in a rich practice of judges working to broker settlements between litigants in lieu of formal adjudication. Judicial settlement is the subject of much debate, however, and the diverse range of judicial practice in this area reflects the institutional, ethical, and jurisprudential uncertainties we still have regarding the propriety of judges facilitating settlements. This paper offers a new …

Blending Scripture And The Law: The Lack Of Christian Law And The Dangers It Presents In Christian Arbitration, Emily Holland

Pepperdine Dispute Resolution Law Journal

This paper will examine the ways in which a lack of an established substantive law within the Christian faith tradition affects the Christian arbitration process and explore the possible means to address these issues. It will outline the history and functions of Christian tribunals, highlighting the unique space within the justice system that these special tribunals fill. Next, it will discuss the differences between the application of law in tribunals of other religious faith traditions and the application of law in Christian arbitration. This paper will demonstrate how a lack of concrete and applicable law creates issues in the enforceability …

California: A New Golden Hub Of International Commercial Arbitration?, Tiffany Luu

Pepperdine Dispute Resolution Law Journal

This article will explore 2018 SB 766’s impact on International Commercial Arbitration (ICA) within California and will propose initiatives to help California ascend in the list as a preferred seat of ICA. Part II provides the background context of ICA and its use in California. Part III explores the benefits of increasing the use of ICAs seated in California. Part IV suggests ways lawyers and the legal arbitration community can assist in making California a more attractive seat of ICA among international and domestic jurisdictions. Finally, Part V concludes by describing the effect that SB 766 and proposed initiatives will …

Negotiation: Women’S Voices, Morial Shah

Pepperdine Dispute Resolution Law Journal

Gender shapes the way we communicate. Using legal theory, case studies and intercultural analysis, this paper explores the way women’s self-identity interacts with negotiation processes and outcomes. Part I examines social, psychological, cultural and political factors shaping women’s identity, voice and participation in negotiations. Part II explores the way women’s view of themselves impacts their participation in negotiations. Lastly, Part III studies the impact of formal training on gender-based differences in negotiations. Through investigating gender’s impact on negotiations, this paper finds that gender and context interact with negotiation process and outcomes. Through gaining more insight on gender’s context-specific impact, negotiators …

Resolving Disputes Before They Decant: An Alternative Dispute Resolution System For Growers And Wine Producers, Savannah Billingham-Hemminger

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Lira Videos, John Lande

Faculty Blogs

This post collects lots of videos of presentations I gave about LIRA.

Batnas And The Emotional Pains From “Positional Negotiation", John M. Lande

Faculty Blogs

This post describes the role of BATNAs in the “positional negotiation” game, pains that it causes people in many roles, and some remedies to avoid and reduce these pains. In this “game,” each side seeks to maximize its outcome by starting with extreme positions and then making a series of counteroffers. Each side concocts stories justifying their positions but everyone knows that these stories are exaggerations at best and fibs at worst. If you gave truth serum to the lawyers, they would admit that they don’t really believe their own arguments.

But they do it because “everybody does it.” It’s …

Adjudicating "Arbitrability" In The Fourth Circuit, Hossein Fazilatfar

South Carolina Law Review

No abstract provided.

International Dispute Resolution And Access To Justice: Comparative Law Perspectives, Jacqueline Nolan-Haley

Journal of Dispute Resolution

No abstract provided.

Mandatory Or Voluntary Mediation? Recent Turkish Mediation Legislation And A Comparative Analysis With The Eu’S Mediation Framework, Ash Gurbuz Usluel

Journal of Dispute Resolution

No abstract provided.

A Break In The Cycle: Applying Adr Principles To Inner–Prison Conflicts, Eli Dodge

Journal of Dispute Resolution

No abstract provided.

Modern Provisions In Investment Treaties, Jesse Coleman

Columbia Center on Sustainable Investment Staff Publications

Governments are pursuing substantive and procedural reform of the international investment regime in recognition that there are fundamental, systemic, and interrelated concerns about current approaches to investment governance, and that current approaches have failed to meet their purported objectives.

A vast majority of the 1,023 publicly-known treaty-based claims have been brought under “old-generation” treaties. In 2018, for example, 60% of such claims were brought under treaties originally concluded in the 1990s or earlier, and all but one was filed under a pre-2011 treaty. These old-generation treaties include vague and far-reaching obligations for states, generally do not include any reference to …

Adversarial Failure, Benjamin P. Edwards

Washington and Lee Law Review

Investors, industry firms, and regulators all rely on vital public records to assess risk and evaluate securities industry personnel. Despite the information’s importance, an arbitration-facilitated expungement process now regularly deletes these public records. Often, these arbitrations recommend that public information be deleted without any true adversary ever providing any critical scrutiny to the requests. In essence, poorly informed arbitrators facilitate removing public information out of public databases. Interventions aimed at surfacing information may yield better informed decisions. Although similar problems have emerged in other contexts when adversarial systems break down, the expungement process to purge information about financial professionals provides …

Sidra International Dispute Resolution Survey: 2020 Final Report, Nadja Alexander, Vakhtangi Giorgadze, Allison Goh

Research Collection Yong Pung How School Of Law

The International Dispute Resolution Survey: 2020 Final Report presents the findings of the Singapore International Dispute Resolution Academy’s inaugural examination into the preferences, experiences, practices and perspectives of international dispute resolution users around the globe. The survey examined three major international dispute resolution mechanisms: international commercial arbitration, international commercial mediation, international commercial litigation, as well as hybrid dispute resolution mechanisms such as mediation-arbitration and arbitration-mediation. The survey also inquired into the use of technology in international dispute resolution, such as predictive analytical tools and negotiation support systems, and asked the users to express whether they were satisfied with the use …

The Singapore Convention On Mediation: Supplying The Missing Piece Of The Puzzle For Dispute Resolution, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

In late 2018, the United Nations General Assembly passed a resolution to adopt the UN Convention on International Settlement Agreements Resulting from Mediation and to make corresponding amendments to the Model Law on International Commercial Conciliation. The convention was named the Singapore Convention on Mediation (“Singapore Convention”) when it was signed by 46 countries on 7 August 2019, and will come into force on 12 September 2020. The Singapore Convention is meant to achieve for mediation what the New York Convention has done for international arbitration. Its future success is highly dependent on the sound application of its provisions by …

Description

Journal of Dispute Resolution

No abstract provided.

Masthead

Journal of Dispute Resolution

No abstract provided.

Comparative Method And International Litigation, Ronald A. Brand

Journal of Dispute Resolution

No abstract provided.

International Arbitration As Comparative Law In Action, Joshua Karton

Journal of Dispute Resolution

No abstract provided.

Addressing The Class Claim Conundrum With Online Dispute Resolution, Amy J. Schmitz

Journal of Dispute Resolution

No abstract provided.

Reasons To Avoid The Anchor: Negotiation In Patent Prosecution, Kevin Johnston

Journal of Dispute Resolution

No abstract provided.