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Articles 2701 - 2730 of 7742
Full-Text Articles in Dispute Resolution and Arbitration
The Fifty-Eight Proceedings: Domain Name Disputes, Korean Parties, And Wipo Three-Member Panels, Ilhyung Lee
The Fifty-Eight Proceedings: Domain Name Disputes, Korean Parties, And Wipo Three-Member Panels, Ilhyung Lee
University of Miami International and Comparative Law Review
No abstract provided.
The Convergence Awakens: How Principles Of Proportionality And Calls For Cooperation Are Reshaping The E-Discovery Landscape, Tevor Gillum
The Convergence Awakens: How Principles Of Proportionality And Calls For Cooperation Are Reshaping The E-Discovery Landscape, Tevor Gillum
University of Miami International and Comparative Law Review
No abstract provided.
Mediation Essentials: The Definitive Deskbook, Nadja Alexander, Jean-Francois Roberge, Fatma Ibrahim
Mediation Essentials: The Definitive Deskbook, Nadja Alexander, Jean-Francois Roberge, Fatma Ibrahim
Research Collection Yong Pung How School Of Law
Mediation is one of the most frequently used alternative dispute resolution processes worldwide. Mediation provides faster, cheaper, and better solutions than a traditional court decision can. Benefits are important for individuals as well as for disputing businesses from the private sector and for public sector institutions. Understanding the principles, process, and skills of mediation is essential for anyone whose professional role involves managing disputes of any kind. Mediation Essentials comprises five chapters as follows: 1) Chapter 1 is about How to Manage and Control Disputes and Alternative Dispute Resolution; Chapter 2 describes on How to Make the Most of Mediation; …
The Function Of The International Court Of Justice In The World Community, Ernest A. Gross
The Function Of The International Court Of Justice In The World Community, Ernest A. Gross
Georgia Journal of International & Comparative Law
No abstract provided.
The Function Of The International Court Of Justice In The World Community, James Fawcett
The Function Of The International Court Of Justice In The World Community, James Fawcett
Georgia Journal of International & Comparative Law
No abstract provided.
The Function Of The International Court Of Justice In The World Community, Sir Francis Vallat
The Function Of The International Court Of Justice In The World Community, Sir Francis Vallat
Georgia Journal of International & Comparative Law
No abstract provided.
A Legal Theory Of Collective Security, David Frolick
A Legal Theory Of Collective Security, David Frolick
Georgia Journal of International & Comparative Law
No abstract provided.
Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road
Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road
Georgia Journal of International & Comparative Law
No abstract provided.
Corruption In International Arbitration, Inan Uluc
Corruption In International Arbitration, Inan Uluc
SJD Dissertations
Corruption represents a great menace to national and international development. It jeopardizes democracy, human rights, and social justice. Consequently, corruption is vehemently abhorred and denunciated by members of the international arbitration arena. Unfortunately, while these players purport repugnance towards corruption and do not condone corrupt acts, there has arisen a misplaced distrust of arbitral process as a proper dispute resolution system. Further, when amalgamating the inherent opaqueness of the arbitral process, its structure founded upon party autonomy, and the clear lack of authority for arbitrators to compel evidence, such distrust persists and encourages belief that arbitration is a venue where …
The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan
The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan
Pace Law Review
This article discusses how rebranding principles, already being used to alter social behavior in other non-consumer contexts, could be utilized to accomplish the legislative goal to reduce litigation as well as diminish animosity in custody cases. Part II of this article discusses the impetus for a transformation in the way parents view custody disputes. Part III discusses basic branding principles and how companies establish a brand and can successfully change their branding. Part IV explores the evolution of the current custody brand, identifies eight states that have eliminated “custody” and, in some cases, “visitation” from their vernacular, and discusses, in …
Enforcement Of Icsid Convention Arbitral Awards In U.S. Courts, Abby Cohen Smutny, Anne D. Smith, Mccoy Pitt
Enforcement Of Icsid Convention Arbitral Awards In U.S. Courts, Abby Cohen Smutny, Anne D. Smith, Mccoy Pitt
Pepperdine Law Review
No abstract provided.
Effects Of International Judgments Relating To Awards, Maxi Scherer
Effects Of International Judgments Relating To Awards, Maxi Scherer
Pepperdine Law Review
This Article looks at those judgments relating to international arbitral awards (award judgments) and, more precisely, at their extraterritorial effects. It analyzes whether an award judgment rendered in one jurisdiction has effects in other jurisdictions. For instance, if the award has been set aside6 in country A, does the set-aside judgment have effects on enforcement proceedings in country B? Similarly, if country C refuses to enforce an award on the basis that the tribunal has no jurisdiction, does this have a preclusive effect on enforcement proceedings pending in country D? These questions have been addressed in a number of recent …
Bg Group And "Conditions" To Arbitral Jurisdiction, Alan Scott Rau, Andrea K. Bjorklund
Bg Group And "Conditions" To Arbitral Jurisdiction, Alan Scott Rau, Andrea K. Bjorklund
Pepperdine Law Review
Although the Supreme Court has over the last decade generated a robust body of arbitration caselaw, its first decision in the area of investment arbitration under a Bilateral Investment Treaty was only handed down in 2014. BG Group v. Argentina was widely anticipated and has attracted much notice, and general approval, on the part of the arbitration community. In this paper we assess the Court’s decision from two different perspectives -- the first attempts to situate it in the discourse of the American law of commercial arbitration; the second considers it in light of the expectations of the international community …
Bg Group V. Republic Of Argentina: A Supreme Misunderstanding Of Investment Treaty Arbitration, Jarrod Wong
Bg Group V. Republic Of Argentina: A Supreme Misunderstanding Of Investment Treaty Arbitration, Jarrod Wong
Pepperdine Law Review
No abstract provided.
Court Assistance In Arbitration—Some Observations On The Critical Stand-By Function Of The Courts, Jan K. Schaefer
Court Assistance In Arbitration—Some Observations On The Critical Stand-By Function Of The Courts, Jan K. Schaefer
Pepperdine Law Review
No abstract provided.
Innovation In Arbitration Law: The Case Of Delaware, Christopher R. Drahozal
Innovation In Arbitration Law: The Case Of Delaware, Christopher R. Drahozal
Pepperdine Law Review
Delaware has become increasingly active in adopting innovative arbitration laws. In 2009, Delaware adopted a confidential system of “arbitration” conducted by sitting Court of Chancery judges, which was subsequently held unconstitutional as violating the First Amendment right of public access to the courts. In 2015, it enacted the Delaware Rapid Arbitration Act (DRAA), creating a system of expedited arbitration in Delaware. Among other things, the DRAA sets mandatory time limits for the completion of arbitration proceedings (with financial penalties for arbitrators who fail to comply), restricts the degree of court involvement in the arbitration process, and provides for expeditious review …
Gateway-Schmateway: An Exchange Between George Bermann And Alan Rau, George Bermann, Alan Scott Rau
Gateway-Schmateway: An Exchange Between George Bermann And Alan Rau, George Bermann, Alan Scott Rau
Pepperdine Law Review
No abstract provided.
Introduction: International Arbitration And The Courts, Donald Earl Childress Iii, Jack J. Coe Jr., Lacey L. Estudillo
Introduction: International Arbitration And The Courts, Donald Earl Childress Iii, Jack J. Coe Jr., Lacey L. Estudillo
Pepperdine Law Review
What role do national courts play in international arbitration? Is international arbitration an “autonomous dispute resolution process, governed primarily by non-national rules and accepted international commercial rules and practices” where the influence of national courts is merely secondary? Or, in light of the fact that “international arbitration always operates in the shadow of national courts,” is it not more accurate to say that national courts and international arbitration act in partnership? On April 17, 2015, the Pepperdine Law Review convened a group of distinguished authorities from international practice and academia to discuss these and other related issues for a symposium …
The New Swiss Uniform Arbitration Act And International Commercial Arbitration, Claude Reymond
The New Swiss Uniform Arbitration Act And International Commercial Arbitration, Claude Reymond
Georgia Journal of International & Comparative Law
No abstract provided.
Of Grids And Gatekeepers: The Socioeconomics Of Mediation, Robert Rubinson
Of Grids And Gatekeepers: The Socioeconomics Of Mediation, Robert Rubinson
All Faculty Scholarship
Mediation scholars have long debated which mediator “style” or “model” is correct. The origin of the debate arises from a foundational piece of scholarship by Leonard Riskin. Riskin proposed a “grid” of mediator orientations comprised of what came to be known as “facilitative mediation” and “evaluative mediation.” A more recent addition to the grid—and one that is almost universally recognized as a distinct model—is “transformative mediation.” These three models are so embedded in the literature of mediation that they have been called “the big three.” The influence of Riskin’s work cannot be overstated. It has resonated within the community of …
Oh, Won't You Stay With Me?: Determining Whether § 3 Of The Faa Requires A Stay In Light Of Katz V. Cellco Partnership, Alessandra Rose Johnson
Oh, Won't You Stay With Me?: Determining Whether § 3 Of The Faa Requires A Stay In Light Of Katz V. Cellco Partnership, Alessandra Rose Johnson
Fordham Law Review
The Federal Arbitration Act (FAA) provides the legal framework to render international and interstate arbitration agreements judicially enforceable in the United States. In furtherance of that goal, it provides that, if a party initiates litigation rather than arbitration of an arbitrable dispute, either party may request that the court stay the litigation pending resolution in an arbitration proceeding. The U.S. courts of appeals are currently split as to whether § 3 of the FAA requires a court under these circumstances to stay the action or whether the court has the discretion to dismiss the action altogether. In Katz v. Cellco …
Mediation Across Borders, Eunice Chua, Jolene Goh
Mediation Across Borders, Eunice Chua, Jolene Goh
Research Collection Yong Pung How School Of Law
Mr L is the director of InVisions, alarge Indonesian manufacturer providing top-of-the-range camera components toMK Pte Ltd, a Korean-headquartered mobile phone manufacturer. Mr K, who is anative Korean, is the General Manager of the company’s regional office based inThailand and manages the deals involving InVisions. The business relationshipis a lucrative one and both companies have had generally good relations since2003. Annual profits for InVision arising from sales to MK amounted to US$2.3million last year while the sales of MK’s mobile phones that are installed withInVision’s cameras reaped them a profit of US$3.5 million in the same period.During discussions for a …
A Comprehensive Theory Of Civil Settlement, J. J. Prescott, Kathryn E. Spier
A Comprehensive Theory Of Civil Settlement, J. J. Prescott, Kathryn E. Spier
Articles
A settlement is an agreement between parties to a dispute. In everyday parlance and in academic scholarship, settlement is juxtaposed with trial or some other method of dispute resolution in which a third-party factfinder ultimately picks a winner and announces a score. The “trial versus settlement” trope, however, represents a false choice; viewing settlement solely as a dispute-ending alternative to a costly trial leads to a narrow understanding of how dispute resolution should and often does work. In this Article, we describe and defend a much richer concept of settlement, amounting in effect to a continuum of possible agreements between …
Of Temples And Territory: The Icj's Preah Vihear Decision And Implications For Regional Dispute Resolution, Sally Tyler
Of Temples And Territory: The Icj's Preah Vihear Decision And Implications For Regional Dispute Resolution, Sally Tyler
University of the District of Columbia Law Review
Occupying a mere 4.6 kilometers on the frontier betweenThailand and Cambodia, the temple of Preah Vihear maintains secondary importance in the pantheon of ancient Khmer architecture to the more celebrated complex at Angkor. Even so, it has been the source of tremendous conflict throughout the 20th and 21st centuries. This conflict claimed the lives of both civilians and soldiers in 2011, and forced the dislocation of tens of thousands of villagers. Encompassing questions of cultural heritage and border demarcation, Preah Vihear has grown as a symbol of identity and self-direction within both Thailand and Cambodia. The 1962 International Court of …
Newsroom: Can Court 'Restore Fundamental Liberties'? 03-23-2016, Sheldon Whitehouse, David A. Logan
Newsroom: Can Court 'Restore Fundamental Liberties'? 03-23-2016, Sheldon Whitehouse, David A. Logan
Life of the Law School (1993- )
No abstract provided.
Reflections On “Innovations In Family Dispute Resolution”, Deborah Thompson Eisenberg
Reflections On “Innovations In Family Dispute Resolution”, Deborah Thompson Eisenberg
Maryland Law Review Online
No abstract provided.
Moving Family Dispute Resolution From The Court System To The Community, Jane C. Murphy, Jana B. Singer
Moving Family Dispute Resolution From The Court System To The Community, Jane C. Murphy, Jana B. Singer
Maryland Law Review Online
No abstract provided.
Moving Family Dispute Resolution From The Court System To The Community, Jane C. Murphy, Jana B. Singer
Moving Family Dispute Resolution From The Court System To The Community, Jane C. Murphy, Jana B. Singer
All Faculty Scholarship
Over the past three decades, there has been a significant shift in the way the legal system approaches and resolves family disputes. Mediation, collaboration, and other non-adversarial processes have replaced a traditional, law-oriented adversarial regime. Until recently, however, reformers have focused largely on the court system as the setting for innovations in family dispute resolution. But our research suggests that courts may not be the best places for families to resolve disputes, particularly disputes involving children. Moreover, attempting to turn family courts into multi-door dispute resolution centers may detract from their essential role as adjudicators of last resort and forums …
How To Screen For Success In Employment Law Cases, Robert M. Rosen
How To Screen For Success In Employment Law Cases, Robert M. Rosen
Touro Law Review
No abstract provided.
Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff
Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff
Touro Law Review
No abstract provided.