Dispute Resolution and Arbitration Commons^™

Chicago White Sox Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.

Cleveland Indians Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.

Miami Marlins Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.

Atlanta Braves Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.

Marlins Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

White Sox Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

Indians Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

Twins Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

Boston Red Sox Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.

Red Sox Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

Protecting Against Protectionism: Commisa V. Pemex, Victoria Aynne Barker

Georgia Journal of International & Comparative Law

No abstract provided.

Arresting The Village-To-Prison Pipeline: Mandatory Criminal Adr As A Transitional Justice Strategy, Jeremy Akin

Georgia Journal of International & Comparative Law

No abstract provided.

The New Handshake: Using Odr To Create Value For Consumers And Businesses, John Lande

Faculty Blogs

This post discusses issues related to the ABA book, The New Handshake: Online Dispute Resolution and the Future of Consumer Protection, by Amy Schmitz and Colin Rule. The book is designed to help build consumer protection that will benefit both consumers and merchants. It explains problems with the status quo, suggesting how ODR can improve handling of consumer problems and identifying challenges in implementing ODR systems.

Honoring Professor Bruce Kogan (05-07-2018), Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

A Global Treaty Override? The New Oecd Multilateral Tax Instrument And Its Limits, Reuven S. Avi-Yonah, Haiyan Xu

Michigan Journal of International Law

This article will proceed as follows. Section 2 summarizes the main provisions of the MLI. Section 3 discusses the purpose of tax treaties in the twenty-first century, because it can be argued that they are less necessary under conditions of tax competition. Section 4 raises the question whether tax treaties can be improved short of a full-fledged multilateral tax treaty by inserting a most favored nation (MFN) provision similar to those found in bilateral investment treaties. Such an MFN provision operates over time to create a de facto multilateral treaty without the negotiation of one. Section 5 concludes this article.

Navigating The Singapore’S Private International Rules In The Age Of Innovative Cross-Border Commercial Litigation Framework, Man Yip

Research Collection Yong Pung How School Of Law

In the last decade, Singapore has been consistently working on consolidating its position as a leading dispute resolution hub in Asia. China’s One Belt One Road (OBOR) initiative affords, in principle, an invaluable opportunity for Singapore to foster its role in dispute resolution services. Conversely, the success of the OBOR is in part dependent upon the availability of reliable and efficient dispute resolution mechanisms to handle commercial disputes that will invariably arise. Singapore looks poised to contribute to the success of the OBOR in that respect, in light of its mature and business-friendly legal system.

Coincidentally, China announced its OBOR …

Keynote Address To The Atlas Conference: “International Business Disputes In An Era Of Receding Globalism”, Lord Peter H. Goldsmith Qc, Pc

Georgia State University Law Review

This is a transcript of the luncheon keynote address by Lord Peter Goldsmith at the Sixth Annual Conference of the Atlanta International Arbitration Society (AtlAS) on October 23, 2017.

Lord Peter Goldsmith QC, PC, is London Co-Managing Partner and Chair of European and Asian Litigation at Debevoise & Plimpton LLP. He joined the firm after serving as the UK’s Attorney General from 2001-2007, prior to which he was in private practice as one of the leading barristers in London.

Lord Goldsmith has a long practice in arbitration and in the interface between arbitration and litigation. He appears as counsel for …

When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner

Texas A&M Law Review

In Unequal: How America’s Courts Undermine Discrimination Law (“Unequal”), law professors Sandra F. Sperino and Suja A. Thomas provide a point-by-point analysis of how the federal courts’ interpretations of federal anti-discrimination laws have undermined their efficacy to provide relief to workers whose employers have allegedly engaged in discrimination. The cases’ results are consistently pro-employer, even while the Supreme Court of the United States—a court not known for being particularly pro-plaintiff—has occasionally ruled in favor of plaintiff employees. The authors suggest some reasons for this apparent anti-plaintiff bias among the federal courts, although they do not settle on a particular reason …

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Arbitration In Saudi Arabia: The Reform Of Law And Practice, Saleh Mubarak Bin Abbadi

SJD Dissertations

Arbitration, as a modern Western form of dispute resolution, has become an important feature of international commercial transactions and contracts. Saudi Arabia ratified the New York Convention and enacted a new Law of Arbitration in 2012. This dissertation evaluates arbitration in Saudi Arabia, focusing on the adoption of international standards in relevant local laws and court practices. The dissertation also considers the weight of Saudi laws, traditions, and social values to gauge the extent to which arbitration as practiced can be integrated into the Saudi legal system.

The dissertation highlights the necessity of cultivating a supportive environment for arbitration in …

Table Of Contents, Nicole M. Hogan

Pepperdine Dispute Resolution Law Journal

No abstract provided.

The Applicability Of Economic Sanctions To The Merits In International Arbitration Proceedings: With A Focus On The Dynamics Between Public International Law Principles, Private International Law Rules And International Arbitration Theories, Taejoon Ahn

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Consumer Arbitrations In The European Union, Andreas Von Goldbeck

Pepperdine Dispute Resolution Law Journal

The main argument of this paper is that the law should generally enforce pre-dispute consumer arbitration clauses. If the consumer is given a choice between litigation and arbitration at the time of contracting and she chooses arbitration, that choice should generally be enforceable, provided appropriate safeguards are in place guaranteeing access to justice. Consumer protection comes at a cost, which the consumer ultimately pays in the price of the product or service purchased: assuming arbitration is the more cost-efficient dispute-resolution mechanism, consumers choosing arbitration would, in theory, pay a lower price than those choosing litigation. The blanket hostility towards pre-dispute …

How Higher Education Ombudsman Systems Can Benefit By Implementing Modified Restorative Justice Practices, Kyle Shiroma

Pepperdine Dispute Resolution Law Journal

This article will explore both the concerns and the beneficial effects of implementing ombudsman systems in higher education. After a brief background and history of the ombuds office, Section C will explain the significance of why universities should implement ombuds systems. Section D will discuss some of the benefits of the proposed solution, Section E will address some of the concerns raised about this solution, and Section F will explain how ombuds offices can benefit by incorporating restorative justice ideas in its practices. Section G will summarize and conclude this proposal.

Arbitration. A Promising Avenue For Resolving Family Law Cases?, Audrey J. Beeson

Pepperdine Dispute Resolution Law Journal

This paper will examine the path of arbitration in the area of family law, when it began, and how it has grown since 1990. It will discuss the division between the states that currently utilize arbitration for family law issues as well as the scope of judicial review. The paper will then discuss the history leading to, and the enactment of, the Uniform Family Law Arbitration Act. Next, it addresses Nevada’s legislative history, when arbitration of family law matters was considered, and consequently what a Nevada Family Law Arbitration Act would potentially look like. Finally, it will include a view …

Keep Calm And Negotiate On: The United Kingdom’S Withdrawal From The European Union And Suggestions For A Smooth Departure, Aryanah Yasmine Eghbal

Pepperdine Dispute Resolution Law Journal

This article will attempt to both examine the ramifications of the UK’s decision to leave the EU, as well as determine a path to begin the process of renegotiating trade deals with the EU and other countries throughout the world. Part I will begin by providing a brief historical overview of the formation of the EU and a focus on how and when the UK joined the EU. Part II will present the stages of leaving the EU, specifically introducing Article 50 and how it is used. Part III will provide an understanding of what trade deals are, how they …

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt

Arbitration Law Review (2009 - Present)

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in collective bargaining agreements, can agree to dispute resolution by an independent arbitrator, whose decision is reviewed deferentially by judges. Where employees or members of an association are governed by its internal rules, in contrast, they often agree contractually to submit internal disputes to an association officer or committee. In this circumstance, the common law governing private associations affords judicial review that is more limited than a civil dispute, but more searching than is the case for …

Kukin Program Newsletter – Spring 2018, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Spring 2018 showcases the impactful work of the Kukin Program and its members. Highlights include upcoming events like the panel on the repeal of "Don't Ask, Don't Tell" and a symposium on international mediation agreements. The Cardozo Journal of Conflict Resolution’s 2017 Melnick Symposium featured Michael Tsur, who shared negotiation insights. Faculty and alumni updates celebrate achievements such as advocacy efforts for mediation in New York and competition successes by the ADR Honor Society. With contributions from dedicated faculty, alumni, and students, the Kukin Program continues to advance conflict resolution education and practice.

The First Amendment, The University And Conflict: An Introduction To The Symposium, Christina E. Wells

Faculty Publications

Universities across the country have experienced a dramatic increase in free speech conflicts - i.e., an experience of discord between individuals or groups of speakers. These conflicts occur in various forms. For example, members of university communities (e.g., students, staff, or faculty) have protested controversial speakers. Some have called for universities to disinvite controversial speakers. Others have heckled or shouted down speakers. Finally, some members of university communities - usually students - have protested university officials' or other students' expression by occupying buildings, camping or interrupting meetings in order to disseminate their message. It is common to view resolution of …

Clearing The Path: Withdrawal Of Consent And Termination As Next Steps For Reforming International Investment Law, Lise Johnson, Jesse Coleman, Brooke Güven, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

This is a crucial moment in international investment policymaking. Two factors have converged, calling for a new direction. First, it has become increasingly difficult to justify investor-state dispute settlement (ISDS); even governments that had been among its strongest proponents are now changing course and have raised a range of fundamental, systemic and inter-related issues relating to ISDS. Second, policy makers and other stakeholders have a greater awareness of the need to design appropriate policies to maximize the contributions cross-border investment can make to sustainable development. Influenced by these factors, various reform efforts related to investment policy are underway at the …