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Articles 2101 - 2130 of 7741
Full-Text Articles in Dispute Resolution and Arbitration
Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski
Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski
Brooklyn Journal of International Law
As the world has transitioned from national; isolated economies with localized issues into a globalized and interconnected economy with cross-border disputes; the law has struggled to keep up. Recent trade negotiations have highlighted the difficulty states face in promoting trade; while also creating a fair; accessible; and equitable forum for producers and consumers with nationalities touching every area of the globe. For several decades; Investor-State Dispute Settlement (ISDS) has been in place to address claims brought by foreign investors against the host states. External improvements have helped support foreign direct investment and the ISDS model of dispute resolution; such as …
A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements, Brielle Oshinsky
A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements, Brielle Oshinsky
Brooklyn Journal of Corporate, Financial & Commercial Law
Recently, federal circuit courts have presented contrasting outcomes regarding the legality of mandatory class action waivers in arbitration agreements. More specifically, these outcomes vary on whether such waivers violate the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA), and importantly, whether it is possible for these statutes to coexist with the Federal Arbitration Act (FAA). The Second, Fifth, and Eighth Circuits have previously held that the act of an employer requiring employees to sign class action waivers in arbitration agreements posed no violation to either the FLSA or the NLRA. However, in May 2016, the Seventh …
Global Reform Of Investor-State Arbitration: A Tentative Roadmap Of China’S Emergent Equilibrium, Mark Mclaughlin
Global Reform Of Investor-State Arbitration: A Tentative Roadmap Of China’S Emergent Equilibrium, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
Investor-State arbitration is in a state of flux. In recent years, doubts about its adequacy have become apparent: questions of coherence, consistency, legitimacy, and utility have rendered fragile the central place of investor-State arbitration in global foreign direct investment (FDI) governance. Three threads of reform have been advanced as a corrective to these deficiencies, encompassing incremental reform, institutional reform, and fundamental reform. China is perhaps the most influential nation not to have declared a preference for one future or another. For over a decade, the Chinese approach to investor-State arbitration has been in a state of disequilibrium: bilateral investment treaties …
Dispute Resolution In The Digital Age - Online Dispute Resolution, Amy J. Schmitz
Dispute Resolution In The Digital Age - Online Dispute Resolution, Amy J. Schmitz
Open Educational Resources
Dispute Resolution in the Digital Age includes the resources created and used by Professor Amy J. Schmitz at the University of Missouri School of Law to teach online dispute resolution. These materials are created as as open educational resources under a Creative Commons BY-NC 4.0 license. The materials may be shared and adapted as long as Prof. Schmitz receives attribution and the use is non-commercial.
Contents, Nicole M. Hogan
Contents, Nicole M. Hogan
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Symposium Transcript: Pepperdine Drlj Symposium 2018, Jenna King
Symposium Transcript: Pepperdine Drlj Symposium 2018, Jenna King
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf Von Kumberg
Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf Von Kumberg
Pepperdine Dispute Resolution Law Journal
This paper argues that the current criticisms of Investor-State Dispute Settlement (ISDS) are ill-informed, and attempts at reforming the system are misguided. The definition of ISDS itself has been, for a long time, limited to investment quasi-judicial bodies or at best arbitration. Analysis of the roots of the ever growing backlash reveals that the main causes for concern are politically negotiated investment treaties, an inherently biased system, lack of transparency, and inconsistent decision-making. Examination of the core reasons behind these complaints leads to the conclusion that the EU Commission’s solution to reform ISDS through a permanent court raises more issues …
The Cyprus Banking Haircut And Human Rights, The Way To Go?, Venetia Argyropoulou
The Cyprus Banking Haircut And Human Rights, The Way To Go?, Venetia Argyropoulou
Pepperdine Dispute Resolution Law Journal
The Cyprus Banking Haircut of 2013 (Cyprus Haircut or Haircut) was unprecedented and had devastating implications for investors. However, more than four years after the Cyprus Haircut of 2013, account holders and shareholders in Cyprus’ two largest banks at the time—Bank of Cyprus and Cyprus Popular Bank—still do not have any available recourse for their losses. Indeed, despite account holders having resorted to national courts in the Republic of Cyprus, the Court of Justice of the European Union (CJEU) and international tribunals, such as the International Centre for Settlement of Investment Disputes (ICSID). Despite making human rights’ claims in all …
Alternative Dispute Resolution In Africa: Is Adr The Bridge Between Traditional And Modern Dispute Resolution?, Catherine Price
Alternative Dispute Resolution In Africa: Is Adr The Bridge Between Traditional And Modern Dispute Resolution?, Catherine Price
Pepperdine Dispute Resolution Law Journal
This article advocates for using Ghana’s introduction of ADR as a model for other African countries. Like Ghana, most African countries have adopted a form of ADR based on Western nations; however, as African culture and legal systems are quite different than Western culture, modifications are necessary. Ghana’s experience shows that modern ADR can be adopted into African countries, but an understanding of the traditional mechanisms is necessary. Part II of this article provides an introduction of ADR and its historical context in Africa. Part III examines customary and modern dispute resolution. It looks at the relationship between the two …
Conceptualizing A Framework Of Institutionalized Appellate Arbitration In International Commercial Arbitration, Axay Satagopan
Conceptualizing A Framework Of Institutionalized Appellate Arbitration In International Commercial Arbitration, Axay Satagopan
Pepperdine Dispute Resolution Law Journal
The absence of the option to prefer substantive appeals from arbitral adjudication is a conspicuous systemic peculiarity of the arbitral process. While this absence has for the most part been accepted without question or resistance as being an axiomatic entailment of the arbitral process, the last two decades have witnessed an increasing amount of criticism directed at it, both from scholarship as well as the business community. The criticism has been especially emphatic, in relation to international commercial arbitrations, a sizeable proportion of which pertain to complex and high stake disputes. Moreover, there has been a concurrent increase in the …
Mets Players Arbitration Results, Edmund P. Edmonds
Mets Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
New York Mets Arbitration Hearings Chart, Edmund P. Edmonds
New York Mets Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
Athletics Players Arbitration Results, Edmund P. Edmonds
Athletics Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Diamondbacks Players Arbitration Results, Edmund P. Edmonds
Diamondbacks Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Cincinnati Reds Arbitration Hearings Chart, Edmund P. Edmonds
Cincinnati Reds Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
Arizona Diamondbacks Arbitration Hearings Chart, Edmund P. Edmonds
Arizona Diamondbacks Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
Toronto Blue Jays Arbitration Hearings Chart, Edmund P. Edmonds
Toronto Blue Jays Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
Kansas City Royals Arbitration Hearings Chart, Edmund P. Edmonds
Kansas City Royals Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
Chicago Cubs Arbitration Hearings Chart, Edmund P. Edmonds
Chicago Cubs Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
Tampa Bay Rays Arbitration Hearings Chart, Edmund P. Edmonds
Tampa Bay Rays Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
Oakland Athletics Arbitration Hearings Chart, Edmund P. Edmonds
Oakland Athletics Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
Blue Jays Players Arbitration Results, Edmund P. Edmonds
Blue Jays Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Cubs Players Arbitration Results, Edmund P. Edmonds
Cubs Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Astros Players Arbitration Results, Edmund P. Edmonds
Astros Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Rays Players Arbitration Results, Edmund P. Edmonds
Rays Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Reds Players Arbitration Results, Edmund P. Edmonds
Reds Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Royals Players Arbitration Results, Edmund P. Edmonds
Royals Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Braves Players Arbitration Results, Edmund P. Edmonds
Braves Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Houston Astros Arbitration Hearings Chart, Edmund P. Edmonds
Houston Astros Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
Minnesota Twins Arbitration Hearings Chart, Edmund P. Edmonds
Minnesota Twins Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.