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Articles 2611 - 2640 of 7742
Full-Text Articles in Dispute Resolution and Arbitration
Unconscionability Attacks On Arbitration No Longer Tolerated: Torrence Effect On Arbitration Clauses In North Carolina, David Vaught
Unconscionability Attacks On Arbitration No Longer Tolerated: Torrence Effect On Arbitration Clauses In North Carolina, David Vaught
North Carolina Central Law Review
No abstract provided.
Arbitration Law In Tension After Hall Street: Accuracy Of Finality?, Stanley A. Leasure
Arbitration Law In Tension After Hall Street: Accuracy Of Finality?, Stanley A. Leasure
University of Arkansas at Little Rock Law Review
No abstract provided.
Mediation In The Arbitration House, Nadja Alexander
Mediation In The Arbitration House, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the objection to the combination of mediation and arbitration processes in dispute resolution settings is discussed.
Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli
Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli
Faculty Scholarship
If Donald Trump, kicking off his campaign for the White House, was saying “what everyone is thinking,” about illegal immigration, it must be that his message mirrored a narrative that already existed in the minds of his audience. That fearful story of criminals invading the U.S. borders has long been a dominant theme in the mainstream news immigration story. Like all news stories, this one focuses attention on some facts at the expense of others. Like many news stories, it draws its power from earlier, well-known tales — some as old as the Flood. This article recommends that the news …
The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll
The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll
Georgia Journal of International & Comparative Law
No abstract provided.
Bad Decisions To Go To Trial, John Lande
Bad Decisions To Go To Trial, John Lande
Faculty Blogs
This post describes an extreme example of a very common pattern of over-confident litigation risk assessments. Target Corporation was hit with a $4.6 million verdict after rejecting a $12,000 demand on behalf of a child who was stuck with a hypodermic needle in a Target parking lot. Target had offered only $750.
Shaping The Agenda 1: Exploring The Competencies, Skills And Behaviours Of Effective Workplace Mediators, Brian M. Barry, Margaret Bouchier, Alec Coakley, Deirdre Curran, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Kokaylo, Louisa Meehan, Genevieve Murray
Shaping The Agenda 1: Exploring The Competencies, Skills And Behaviours Of Effective Workplace Mediators, Brian M. Barry, Margaret Bouchier, Alec Coakley, Deirdre Curran, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Kokaylo, Louisa Meehan, Genevieve Murray
Reports
This report outlines what is currently known about workplace mediation: its benefits, styles and strategies, its expected outcomes and training challenges. It also identifies an urgent requirement for Irish research in light of the increased promotion of mediation at state level in Ireland. It outlines some international experiences of the difficulties faced in balancing high quality accreditation and regulation with innovation and growth.
Shaping The Agenda 2: Implications For Workplace Mediation Training, Standards And Practice In Ireland, Brian M. Barry, Margaret Bouchier, Alec Coakley, Deirdre Curran Dr, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Meehan, Louisa Meehan, Genevieve Murray
Shaping The Agenda 2: Implications For Workplace Mediation Training, Standards And Practice In Ireland, Brian M. Barry, Margaret Bouchier, Alec Coakley, Deirdre Curran Dr, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Meehan, Louisa Meehan, Genevieve Murray
Reports
The Report and its sister report, Shaping the Agenda 1, give a fascinating insight into the world of workplace mediation in Ireland and abroad. It identifies key issues in relation to mediator skills, competencies and behaviours in this sector of mediation. Of enormous significance is the application of this research to the Irish context and specifically to the setting and maintenance of standards of training and practice in relation to workplace mediation. This work has put the MII, as the professional association for mediators in Ireland, in a position to build standards and policies on solid, detailed and considered research, …
The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin
The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin
Nevada Law Journal
No abstract provided.
When To Turn To Mediation In Telco Disputes, Dorcas Quek Anderson
When To Turn To Mediation In Telco Disputes, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The Ministry of Communications and Information(MCI) proposed the introduction of an alternative dispute resolution schemeto assist telecos and consumers in resolving their disputes. The mediationprocess is likely to be used. In response to this suggestion, Straits Times’ Tech Editor MsIrene Tham questioned whether mediation goes far enough to settle telcodisputes. This op-ed discusses the basic principles involved in the mediation process, as well as when mediation is appropriate and conversely when it is not. Recommendations are made on how to decide on the appropriate mode of dispute resolution for a particular dispute.
220+ Law And Economics Professors Sign Letter Opposing Isds In The Tpp, Columbia Center On Sustainable Investment
220+ Law And Economics Professors Sign Letter Opposing Isds In The Tpp, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
CCSI helped launch a letter joined by over 220 law and economics professors calling on Congress to oppose the final Trans-Pacific Partnership agreement because that treaty includes the investor-state dispute settlement (ISDS) mechanism. As the letter notes, the ISDS mechanism “threatens to dilute constitutional protections, weaken the judicial branch and outsource our domestic legal system to a system of private arbitration that is isolated from essential checks and balances.” Despite the Obama administration’s claims to have addressed growing concerns about the ISDS system, the final TPP would instead vastly expand the ISDS threat to the rule of law and …
Realizing Rationality: An Empirical Assessment Of International Commercial Mediation, S. I. Strong
Realizing Rationality: An Empirical Assessment Of International Commercial Mediation, S. I. Strong
Washington and Lee Law Review
For decades, parties, practitioners and policymakers have believed arbitration to be the best if not only realistic means of resolving cross-border business disputes. However, the hegemony of international commercial and investment arbitration is currently being challenged in light of rising concerns about increasing formalism in arbitration. As a result, the international community has sought to identify other ways of resolving these types of complex commercial matters, with mediation reflecting the most viable option. Numerous public and private entities have launched initiatives to encourage mediation in international commercial and investment disputes, and the United Nations Commission on International Trade Law (UNCITRAL) …
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 3, Dorcas Quek Anderson, Nadja Alexander, Anna Howard
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 3, Dorcas Quek Anderson, Nadja Alexander, Anna Howard
Research Collection Yong Pung How School Of Law
This is the third of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …
Uncitral And The Enforceability Of Imsas: The Debate Heats Up, Nadja Alexander, Anna Luisa Howard, Dorcas Quek Anderson
Uncitral And The Enforceability Of Imsas: The Debate Heats Up, Nadja Alexander, Anna Luisa Howard, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This is a first of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 2, Dorcas Quek Anderson, Nadja Alexander, Anna Howard
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 2, Dorcas Quek Anderson, Nadja Alexander, Anna Howard
Research Collection Yong Pung How School Of Law
This is the second of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 4, Anna Howard, Nadja Alexander, Dorcas Quek Anderson
Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 4, Anna Howard, Nadja Alexander, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This is the last of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …
Dispute Settlement Mechanisms Under The Asean Legal Framework, Anbar Jayadi
Dispute Settlement Mechanisms Under The Asean Legal Framework, Anbar Jayadi
Indonesia Law Review
ASEAN has great ambitions. One (or two, even three and more) of them was laid out in ASEAN Economic Blueprint. It is to make ASEAN achieves higher levels of economic dynamism, sustained prosperity, inclusive growth and integrated development,1 visionary indeed. Nonetheless, it is necessary to always think and prepare if disputes happen. How to both face and to the extent, solve a dispute will determine whether ASEAN member states are committed to ASEAN and its ambitions as an intergovernmental organization.2 This book, as a matter of fact, do point out the necessity to examine existing dispute settlement mechanisms and discuss …
The Fate Of Armed Resistance Groups After Peace, David C. Williams
The Fate Of Armed Resistance Groups After Peace, David C. Williams
Indiana Journal of Constitutional Design
No abstract provided.
Appraisal: Shareholder Remedy Or Litigation Arbitrage?, Randall S. Thomas, Wei Jiang, Tao Li, Danqing Mei
Appraisal: Shareholder Remedy Or Litigation Arbitrage?, Randall S. Thomas, Wei Jiang, Tao Li, Danqing Mei
Vanderbilt Law School Faculty Publications
We present the first large-sample empirical study of the recent trends in the ap- praisal remedy-the right of shareholders of companies completing an eligible merger to petition the court for an improved price for their shares. Appraisal petitions have increased markedly over our sample from 2000 to 2014, and the composition of those bringing these suits has shifted from individual sharehold- ers toward specialized hedge funds. Appraisal petitions are more likely to be filed against mergers with perceived conflicts of interest, including going-private deals, minority squeeze outs, and acquisitions with low premiums, which makes them a potentially important governance mechanism. …
The Regulatory Robustness Rating In Practice: Part 3, Nadja Alexander, Sabine Walsh
The Regulatory Robustness Rating In Practice: Part 3, Nadja Alexander, Sabine Walsh
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the regulatory robustness of cross-border mediation in Ireland is examined.
Regulatory Robustness Rating (Rrr): A Michelin Guide To Mediation Regulatory Regimes, Nadja Alexander
Regulatory Robustness Rating (Rrr): A Michelin Guide To Mediation Regulatory Regimes, Nadja Alexander
Research Collection Yong Pung How School Of Law
Previously I posted some musings about a Mediation Friendly Star Rating System. Sort of like a Michelin Guide on the robustness of a jurisdictions regulatory framework in relation to mediation. In this post, I’d like to revisit the topic and take the idea a little further. Before I start, let me say thank you to many colleagues who commented on the earlier ideas especially Sabine Walsh, Martin Svatos, Geoff Sharp and Michael McIlwrath.
Michelin Ii Or The Regulatory Robustness Rating: Part 2, Nadja Alexander
Michelin Ii Or The Regulatory Robustness Rating: Part 2, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the thinking, assumptions, and value judgments underpinning the 12 criteria of the Regulatory Robustness Rating for mediation jurisdictions System is explained.
Big New Study On Necessary Lawyering Skills, John Lande
Big New Study On Necessary Lawyering Skills, John Lande
Faculty Blogs
This post summarizes the “Foundations of Practice” survey of lawyers which identifies “foundations” that lawyers need soon after graduation. These include communication, emotional and interpersonal intelligence, passion, ambition, professionalism, and other qualities and talents. Almost all of the items on the list refer to personal qualities that law schools don’t emphasize in their curricula. By contrast, law schools focus on things that only small proportions of the lawyers think are necessary soon after graduation.
Changing The Game: The Effects Of The 2012 Revision Of The Icc Arbitration Rules On The Icc Model Arbitration Clause For Trust Disputes, Colin Connor
Georgia Journal of International & Comparative Law
No abstract provided.
The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years, A. Jason Mirabito
The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years, A. Jason Mirabito
Georgia Journal of International & Comparative Law
No abstract provided.
Equity In International Law: Its Growth And Development, S. K. Chattopadhyay
Equity In International Law: Its Growth And Development, S. K. Chattopadhyay
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, John W. Kindt
Georgia Journal of International & Comparative Law
No abstract provided.
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Georgia Journal of International & Comparative Law
No abstract provided.
Colloquium On Certain Legal Aspects Of Inter-American Cooperation: Establishment Of Mechanisms For The Settlement Of Economic Disputes; Views In The Americas On Basic Questions Relating To The Law Of The Sea, Gabriel M. Wilner, Michael A. Robison, Dr. Enrique E. Bledel, Dr. José J. Caicedo Perdomo, A. A. Fatuoros, Dale Furnish, David A. Gantz, Dr. F. V. García-Amador, Moorhead C. Kennedy, Dr. C. Luppinacci, Dr. Valerie T. Mccomie, Dr. Alfodo Molina Orantes, Francisco Orrego Vicuña, José Pagés, Seymour Rubin, Dean Rusk
Colloquium On Certain Legal Aspects Of Inter-American Cooperation: Establishment Of Mechanisms For The Settlement Of Economic Disputes; Views In The Americas On Basic Questions Relating To The Law Of The Sea, Gabriel M. Wilner, Michael A. Robison, Dr. Enrique E. Bledel, Dr. José J. Caicedo Perdomo, A. A. Fatuoros, Dale Furnish, David A. Gantz, Dr. F. V. García-Amador, Moorhead C. Kennedy, Dr. C. Luppinacci, Dr. Valerie T. Mccomie, Dr. Alfodo Molina Orantes, Francisco Orrego Vicuña, José Pagés, Seymour Rubin, Dean Rusk
Georgia Journal of International & Comparative Law
No abstract provided.