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Full-Text Articles in Dispute Resolution and Arbitration

Effectively Leveraging Technology In Mediation – Suggestions For A Way Forward In Asia, Eunice Chua, Asha A. Hemrajani Aug 2019

Effectively Leveraging Technology In Mediation – Suggestions For A Way Forward In Asia, Eunice Chua, Asha A. Hemrajani

Research Collection Yong Pung How School Of Law

When conflicts are not resolved in today's connected world, disputes inevitably arise, leading to loss of business and credibility. Demand for dispute resolution, both domestic and cross-border, is on the rise, and mediation is a populat way to resolve disputes quickly and cost-effectively. However, despite the growth in the use of technology in various aspects of our lives, mediation in Asia has been slow to embrace technology. This paper starts with a brief introduction to Online Dispute Resolution ("ODR") and its history. It then seeks to explore how technology can be effectively leveraged in the mediation context, with a focus …

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Preface, Lela P. Love Aug 2019

Preface, Lela P. Love

Cardozo Journal of Conflict Resolution

It is my great privilege to join Hal Abramson in ushering this reference book into the literature about the Singapore Mediation Convention. We were privileged to have drafters of the Convention and notable scholars converge at Cardozo Law School on March 18, 2019 for a symposium and to contribute to this book. And then we were able to share the excitement of the signing of the Convention by 46 countries in August 2019. Now we celebrate the publication of this reference book.

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It’S Done: The Singapore Convention On Mediation, Nadja Alexander Aug 2019

It’S Done: The Singapore Convention On Mediation, Nadja Alexander

Research Collection Yong Pung How School Of Law

It was an amazing week for Singapore! The highlight was the signing of the UN Convention on International Mediated Settlement Agreements Resulting from Mediation, now known as the Singapore Convention on Mediation, on 7 August 2019 (Wednesday) at the Shangri La Hotel in Singapore.

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Due Process Supreme Court Appellate Division Third Department Jul 2019

Due Process Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.

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Due Process Supreme Court Appellate Division Second Department Jul 2019

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.

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The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian Jul 2019

The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian

Georgia Journal of International & Comparative Law

No abstract provided.

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Recent Developments, Raelynn J. Hillhouse Jul 2019

Recent Developments, Raelynn J. Hillhouse

Arkansas Law Review

No abstract provided.

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Epic Systems Corp. V. Lewis: Singled Out By Corporations And A Textualist Supreme Court, American Workers Are Left To Fend For Themselves, Grace O'Malley Jul 2019

Epic Systems Corp. V. Lewis: Singled Out By Corporations And A Textualist Supreme Court, American Workers Are Left To Fend For Themselves, Grace O'Malley

Maryland Law Review

No abstract provided.

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Dispute Resolution Themes Abound In “Hamilton: An American Musical”, Jill I. Gross Jul 2019

Dispute Resolution Themes Abound In “Hamilton: An American Musical”, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

Robust dispute resolution themes run through Hamilton: An American Musical, Lin Manuel-Miranda's award-winning Broadway play about the United States' first treasury secretary. Many songs in Hamilton revolve around dispute resolution mechanisms that weave throughout Hamilton's life.

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Blockchain And The Inevitability Of Disputes: The Role For Online Dispute Resolution, Orna Rabinovich-Einy, Ethan Katsch Jul 2019

Blockchain And The Inevitability Of Disputes: The Role For Online Dispute Resolution, Orna Rabinovich-Einy, Ethan Katsch

Journal of Dispute Resolution

Blockchain seems to be everywhere these days. It is touted as the new foolproof technology, which can be used for everything from cryptocurrencies, through land registries to identity cards and health records. Enthusiasts have predicted that it will bring about deep change, ensuring data security and identity authentication, while doing away with traditional intermediaries. With blockchain we are told that it is the “new internet,” an application that will change the way we transact—strengthening commitments and ensuring seamless execution. At the same time, and at an alarming frequency, we hear about mass scale fraudulent schemes attacking cryptocurrency exchanges, resulting in …

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Why Mediation & “Sorry” Make Sense: Apology Statutes As A Catalyst For Change In Medical Malpractice, Zaina Afrassiab Jul 2019

Why Mediation & “Sorry” Make Sense: Apology Statutes As A Catalyst For Change In Medical Malpractice, Zaina Afrassiab

Journal of Dispute Resolution

Children are taught the most basic common courtesy, apologizing, not long after they learn to speak. While children are expected to say, “I’m sorry,” there are different expectations of and consequences for adults, particularly in professional settings. “As we age, it becomes more difficult to acknowledge harms caused because . . . we are . . . afraid of the consequences that truth-telling sometimes demands.” Can physicians tell patients they are sorry? Should they? In recent years, amidst an ever-increasing fear of litigation, so-called physician apology laws have gained traction in the United States. In fact, apology laws—revisions of state …

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Uncitral Working Group Iii On Isds Reform: How Cross-Cutting Issues Reshape Reform Options, Lorenzo Cotula, Thierry Berger, Lise Johnson, Brooke Güven, Jesse Coleman Jul 2019

Uncitral Working Group Iii On Isds Reform: How Cross-Cutting Issues Reshape Reform Options, Lorenzo Cotula, Thierry Berger, Lise Johnson, Brooke Güven, Jesse Coleman

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 …

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Draft Text Providing For Transparency And Prohibiting Certain Forms Of Third-Party Funding In Investor–State Dispute Settlement, Brooke Güven, Lise Johnson, Nathalie Bernasconi-Osterwalder, Lorenzo Cotula, Jane Kelsey Jul 2019

Draft Text Providing For Transparency And Prohibiting Certain Forms Of Third-Party Funding In Investor–State Dispute Settlement, Brooke Güven, Lise Johnson, Nathalie Bernasconi-Osterwalder, Lorenzo Cotula, Jane Kelsey

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 …

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Third-Party Rights In Investor-State Dispute Settlement: Options For Reform, Jesse Coleman, Lise Johnson, Brooke Güven, Lorenzo Cotula, Thierry Berger Jul 2019

Third-Party Rights In Investor-State Dispute Settlement: Options For Reform, Jesse Coleman, Lise Johnson, Brooke Güven, Lorenzo Cotula, Thierry Berger

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 …

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Draft Treaty Language: Withdrawal Of Consent To Arbitrate And Termination Of International Investment Agreements, Brooke Güven, Lise Johnson Jul 2019

Draft Treaty Language: Withdrawal Of Consent To Arbitrate And Termination Of International Investment Agreements, Brooke Güven, Lise Johnson

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 …

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E-Nudging Justice: The Role Of Digital Choice Architecture In Online Courts, Ayelet Sela Jul 2019

E-Nudging Justice: The Role Of Digital Choice Architecture In Online Courts, Ayelet Sela

Journal of Dispute Resolution

Justice systems around the world are launching online courts and tribunals as a means to improve their efficiency, increase access to justice, and ameliorate the quality of proceedings. These online courts and tribunals are publicly administered judicial online dispute resolution (ODR) systems that enable litigants, lawyers, judges and court personnel to complete all litigation related activities, from filing through final disposition, on a dedicated digital platform. Online courts are envisioned as a promising response to many challenges that civil justice systems face, including those stemming from voluminous case filings, procedural complexity, limited accessibility, high costs of litigation, and the ubiquity …

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Mind The Gap: Bringing Technology To The Mediation Table, Alyson Carrel, Noam Ebner Jul 2019

Mind The Gap: Bringing Technology To The Mediation Table, Alyson Carrel, Noam Ebner

Journal of Dispute Resolution

As technology impacts every aspect of our lives, all professions are exploring how to benefit from use of technology. Mediation is no exception. Since the mid-1990s, the field has explored applying technology to resolve conflict. At an early point this exploration narrowed in on substituting physical convening with wholly-online processes. Conflating “technology” with “online,” however, left an entire practice area unaddressed, a gap we need to mind: application of technology to support traditional, in-person mediation processes. Indeed, today, most mediation processes are largely bereft of technology. This Article suggests that by not minding the gap, traditional mediation forgoes opportunities to …

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Description Jul 2019

Description

Journal of Dispute Resolution

No abstract provided.

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Masthead Jul 2019

Masthead

Journal of Dispute Resolution

No abstract provided.

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Faculty List Jul 2019

Faculty List

Journal of Dispute Resolution

No abstract provided.

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Table Of Contents Jul 2019

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

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“I Like You When You Are Silent”: The Future Of Ndas And Mandatory Arbitration In The Era Of #Metoo, Jonathan Ence Jul 2019

“I Like You When You Are Silent”: The Future Of Ndas And Mandatory Arbitration In The Era Of #Metoo, Jonathan Ence

Journal of Dispute Resolution

On October 5, 2017, the New York Times published an exposé of Harvey Weinstein, an influential film producer, which sparked what came to be known as the #METOO movement. As part of the report, Ashley Judd and numerous other actresses outed Weinstein for using his position of power to rape, sexually assault, and sexually abuse them–accusations that spanned over thirty years. Inspired by the courage of these women, countless others came forward to share their stories of sexual assault by individuals in positions of power. Survivors of sexual assault appeared to garner strength against their attackers as men in power …

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Designing And Implementing A State Court Odr System: From Disappointment To Celebration, David Allen Larson Jul 2019

Designing And Implementing A State Court Odr System: From Disappointment To Celebration, David Allen Larson

Journal of Dispute Resolution

State court systems rather suddenly are showing a tremendous interest in adopting court-integrated ODR systems. I have been involved with ODR system design for almost twenty years, and for the great majority of that time all the significant progress came from independent private sector alternative dispute resolution providers such as Modria (now part of Tyler Technologies Inc) and SmartSettle, or business-specific embedded systems like the one for eBay. Courts systems now are increasingly interested in ODR, which is significant because sustainability has been one of the greatest challenges for private independent ODR providers. The financial support that a judicial system …

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Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule Jul 2019

Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule

Journal of Dispute Resolution

Smart contracts built in the blockchain are quietly revolutionizing traditional transactions despite their questionable status under current law. At the same time, disputes regarding smart contracts are inevitable, and parties will need means for dealing with smart contract issues. This Article tackles this challenge, and proposes that parties turn to online dispute resolution (“ODR”) to efficiently and fairly resolve smart contract disputes. Furthermore, the Article acknowledges the benefits and challenges of current blockchain ODR start-ups, and proposes specific ideas for how designers could address those challenges and incorporate ODR to provide just resolutions that will not stymie efficiencies of smart …

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Mandatory Arbitration Clauses For Shareholders: An Efficient Solution Or An Unconscionable Change?, George Fowler Jul 2019

Mandatory Arbitration Clauses For Shareholders: An Efficient Solution Or An Unconscionable Change?, George Fowler

Journal of Dispute Resolution

While speaking before the Heritage Foundation in the summer of 2017, Michael Piwowar, Commissioner of the SEC, sparked controversy when he mentioned that companies undertaking IPOs may have an option to include mandatory shareholder arbitration provisions. Following this statement, he went as far as suggesting that companies that have considered undertaking IPOs should “come to us to ask for relief to put in mandatory arbitration into their charters.” This “relief” refers to “the SEC … revers[ing] its position that arbitration violates the Securities and Exchange Act of 1934, bringing the commission back in line with current Supreme Court precedent.” While …

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Malaysia Historical Salvors Revisited:, John P. Given Jul 2019

Malaysia Historical Salvors Revisited:, John P. Given

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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Supporting Party Autonomy In The Enforcement Of Cross-Border Mediated Settlement Agreements: A Brave New World Or Unchartered Territory?, Dorcas Quek Anderson Jul 2019

Supporting Party Autonomy In The Enforcement Of Cross-Border Mediated Settlement Agreements: A Brave New World Or Unchartered Territory?, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

The last decade has seen a palpable rise of domestic and international instruments tofacilitate the enforcement of cross-border mediated settlement agreements. The EU MediationDirective required member states to provide for enforcement of such agreements. Common lawjurisdictions including Singapore, Ireland and Ontario have enacted legislation to allowmediated settlement agreements to be recorded as court judgments. Other countries haveprovided for such agreements to be akin to arbitral awards for enforcement purposes. Mostrecently, the United Nations Commission on International Trade Law (UNCITRAL) has agreedto create multilateral convention and to amend the Model Law on International CommercialConciliation to facilitate cross-border enforcement of commercial disputes …

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Masthead & Table Of Contents, Carson W. Bennett Jun 2019

Masthead & Table Of Contents, Carson W. Bennett

Pepperdine Dispute Resolution Law Journal

No abstract provided.

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Judicial And Practitioner Perspectives On Adr, Young Hye Chun Jun 2019

Judicial And Practitioner Perspectives On Adr, Young Hye Chun

Pepperdine Dispute Resolution Law Journal

No abstract provided.

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Arbitration And Mediation In Cross Border Disputes: Possibilities And Limitations, Young Hye Chun Jun 2019

Arbitration And Mediation In Cross Border Disputes: Possibilities And Limitations, Young Hye Chun

Pepperdine Dispute Resolution Law Journal

No abstract provided.

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