Dispute Resolution and Arbitration | Open Access Articles

Baltimore Orioles Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.

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Mariners Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

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Orioles Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

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Vernon, Gil Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

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Litigation As Violence, John Lande

Faculty Blogs

The article describes the “litigation response syndrome” – adverse consequences merely from being engaged in litigation. Sometimes lawyers and law professors treat litigation as if was just a game, insensitive to the pain it causes to litigants and others swept up in it, possibly including the lawyers themselves. Cardi argues that before proceeding in litigation, lawyers and litigants should be prepared for the toll it may take.

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Edelman, Howard Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

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Colorado Rockies Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

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Rockies Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

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“A Jewish And Democratic State:” Reflections On The Fragility Of Israeli Secularism, Zvi Triger

Pepperdine Law Review

An essay is presented in which the author explores fragility of Israeli secularism related to Jewish religion. Topics discussed are the impact of religious monopoly over personal status in Israel on Israeli secularism, the origination of religious monopoly over personal status during the Ottoman Empire's rule over Palestine, and dispute resolution of domestic cases in communities' and tribes' religious tribunals under their religious laws.

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We Need A Better Consensus About Negotiation Theory, John M. Lande

Faculty Blogs

This post advocates redefining the scope of negotiation to include the interactions leading up to the final negotiation. Legal matters often involve a stream of negotiations, not merely a single event at the end of a process. It also recommends focusing on the process of reaching agreement, not only the process of resolving disputes, including processes of reaching agreement where there is little or no dispute. It also suggests disaggregating traditional models and analyzing key variables separately instead of thinking in terms of two discrete, coherent models.

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Nationals Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

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Problems With The System Of Negotiation Models, Part 2, John M. Lande

Faculty Blogs

This part describes two actual negotiations to illustrate problems with the traditional system of two negotiation models. These cases don’t fit neatly into either model.

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Irvings, Mark Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

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Harmonizing Third-Party Litigation Funding Regulation, Victoria A. Shannon

Cardozo Law Review

Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a "wild west" due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation …

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Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani

Faculty Scholarship

Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a “wild west” due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation …

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Trade And Investment Dispute Settlement Mechanisms In Asean: The Evolving Landscape And Major Developments, Locknie Hsu

Research Collection Yong Pung How School Of Law

The ASEAN landscape on trade and investment dispute mechanisms has been changing significantly over the last 15 years. Such changes have come about partly due to preparations for establishment of the ASEAN Economic Community (AEC) in 2015. An example is the coming into force on 29 March 2012 of the landmark ASEAN Comprehensive Investment Agreement (ACIA), a region-wide treaty in which ASEAN member States have committed to a number of significant investment obligations and dispute settlement mechanisms. Other developments have arisen from the signing of trade and investment agreements between ASEAN and its major trade partners, namely, Australia, New Zealand, …

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Problems With The System Of Negotiation Models, Part 1, John M. Lande

Faculty Blogs

The current framework relies primarily on two models – positional and interest-based negotiation. This is not only a foundation of negotiation theory, but it is key to theory of lawyering, mediation, collaborative law, dispute system design and other areas of dispute resolution, other disciplines, as well as popular culture.

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Faith-Based Private Arbitration As A Model For Preserving Rights And Values In A Pluralistic Society, Michael J. Broyde

Chicago-Kent Law Review

This article discusses private arbitration in religious and values-oriented communities. Using contract law as the foundation for arbitration law, religious arbitration panels can function almost like courts so long as the government can assure basic fairness and proper procedures, while allowing the parties to resolve their private dispute as the parties wish. This article explains that to be enforced, these private courts must meet the procedural requirements set by the Federal Arbitration Act, but American arbitration law is not generally concerned with the substantive law used by these tribunals, although this article recommends practices that religious tribunals ought to adopt …

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Religious Law, Family Law And Arbitration: Shari'a And Halakha In America, Mohammad H. Fadel

Chicago-Kent Law Review

The possibility that Muslims might use private arbitration as a forum in which their family law disputes could be settled according to the principles of Islamic law has generated substantial controversy, with one liberal democracy, Canada, even taking affirmative steps to insure that religious-based arbitration of family law disputes are denied legal recognition. This paper argues that such moves are ill-considered. From the perspective of political liberalism, the arbitration of family law disputes within a framework of religious law, provided that the arbitration is subject to review by a public court for conformity with public policy, is an ideal tool …

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Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael A. Helfand

Chicago-Kent Law Review

This Article explores the unique status of religious law as a hybrid concept that simultaneously retains the characteristics of both law and religion. To do so, the Article considers as a case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges, courts must treat religious law as law when defining the contractually adopted religious procedural rules, but treat religious law as religion when reviewing precisely what the religious procedural rules require. On this account, constitutional and arbitration doctrine combine to insulate religious arbitration awards from judicial scrutiny even on procedural grounds, leaving courts …

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Mi Casa Es Su Casa: The Benefits Of A Hud Mediation Program For Resolving Housing Accommodation Or Modification Disputes Between Landlords And Tenants With Disabilities, Adam Knobler

Pepperdine Law Review

After first providing a background on federal housing laws that prohibit discrimination based on disability, this article then proceeds to describe and analyze the remedies available to tenants who have experienced disability discrimination. The article concludes that, not only are such remedies as filing a complaint or pursuing litigation difficult and time-consuming, they could also damage the long-term relationship between the parties and preclude the possibility of creative remedies that satisfy the needs of both parties. The article finishes by proposing that HUD develop an agency-wide mediation program based on the model of the Equal Employment Opportunity Commission (EEOC) mediation …

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Kompetenz-Kompetenz: Varying Approaches And A Proposal For A Limited Form Of Negative Kompetenz-Kompetenz, Ashley Cook

Pepperdine Law Review

This paper analyzes differing views and approaches to kompetenz-kompetenz and proposes a workable framework of kompetenz-kompetenz for the future. Part II provides an overview of the general principle of kompetenz-kompetenz, discussing the views of some of the leading international commercial arbitration scholars on kompetenz-kompetenz. Part III analyzes the approaches taken by the United States and the United Kingdom and uses them as helpful illustrations of kompetenz-kompetenz in practice. Part IV notes the shortcomings of the aforementioned approaches and proposes a limited form of negative kompetenz-kompetenz as the solution.

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The Export Trade Note: A New Instrument For International Trade, Eugene A. Ludwig, Michael J. Coursey

Georgia Journal of International & Comparative Law

No abstract provided.

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Arbitration - Arbitrability Of Antitrust Claims Arising From An International Commercial Contract - Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc., 105 S. Ct. 3346 (1985)., William L. Blagg

Georgia Journal of International & Comparative Law

No abstract provided.

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Settlement Of Disputes In Gatt Under The Subsidies Code: Two Panel Reports On E.E.C. Export Subsidies, Massimo Coccia

Georgia Journal of International & Comparative Law

No abstract provided.

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Chernobyl's Legal Fallout - The Convention On Early Notification Of A Nuclear Accident, Sharon Mcbrayer

Georgia Journal of International & Comparative Law

No abstract provided.

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The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure

Georgia Journal of International & Comparative Law

No abstract provided.

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What Is (A)Dr About?, John M. Lande

Faculty Blogs

Description of the prompt what is ADR about? Part of the definitional problem is that we usually focus on small slices of a case, typically at the end, rather than looking at cases holistically. But that’s not how parties and lawyers typically experience them. Lawyers live with cases from their first contact with their clients about the problems. Parties start to deal with their conflicts even earlier than that.

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Newsroom: Yelnosky On Firefighters Decision, Roger Williams University School Of Law

Life of the Law School (1993- )

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The Diversity Challenge: Exploring The "Invisible College" Of International Arbitration, Susan D. Franck

Scholarly Articles

As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Using data from a survey of attendees at the prestigious and elite biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the …

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Full-Text Articles in Dispute Resolution and Arbitration

Baltimore Orioles Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

Mariners Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

Orioles Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

Vernon, Gil Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

Litigation As Violence, John Lande

Faculty Blogs

Edelman, Howard Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

Colorado Rockies Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

Rockies Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

“A Jewish And Democratic State:” Reflections On The Fragility Of Israeli Secularism, Zvi Triger

Pepperdine Law Review

We Need A Better Consensus About Negotiation Theory, John M. Lande

Faculty Blogs

Nationals Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

Problems With The System Of Negotiation Models, Part 2, John M. Lande

Faculty Blogs

Irvings, Mark Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

Harmonizing Third-Party Litigation Funding Regulation, Victoria A. Shannon

Cardozo Law Review

Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani

Faculty Scholarship

Trade And Investment Dispute Settlement Mechanisms In Asean: The Evolving Landscape And Major Developments, Locknie Hsu

Research Collection Yong Pung How School Of Law

Problems With The System Of Negotiation Models, Part 1, John M. Lande

Faculty Blogs

Faith-Based Private Arbitration As A Model For Preserving Rights And Values In A Pluralistic Society, Michael J. Broyde

Chicago-Kent Law Review

Religious Law, Family Law And Arbitration: Shari'a And Halakha In America, Mohammad H. Fadel

Chicago-Kent Law Review

Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael A. Helfand

Chicago-Kent Law Review

Mi Casa Es Su Casa: The Benefits Of A Hud Mediation Program For Resolving Housing Accommodation Or Modification Disputes Between Landlords And Tenants With Disabilities, Adam Knobler

Pepperdine Law Review

Kompetenz-Kompetenz: Varying Approaches And A Proposal For A Limited Form Of Negative Kompetenz-Kompetenz, Ashley Cook

Pepperdine Law Review

The Export Trade Note: A New Instrument For International Trade, Eugene A. Ludwig, Michael J. Coursey

Georgia Journal of International & Comparative Law

Arbitration - Arbitrability Of Antitrust Claims Arising From An International Commercial Contract - Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc., 105 S. Ct. 3346 (1985)., William L. Blagg

Georgia Journal of International & Comparative Law

Settlement Of Disputes In Gatt Under The Subsidies Code: Two Panel Reports On E.E.C. Export Subsidies, Massimo Coccia

Georgia Journal of International & Comparative Law

Chernobyl's Legal Fallout - The Convention On Early Notification Of A Nuclear Accident, Sharon Mcbrayer

Georgia Journal of International & Comparative Law

The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure

Georgia Journal of International & Comparative Law

What Is (A)Dr About?, John M. Lande

Faculty Blogs

Newsroom: Yelnosky On Firefighters Decision, Roger Williams University School Of Law

Life of the Law School (1993- )

The Diversity Challenge: Exploring The "Invisible College" Of International Arbitration, Susan D. Franck

Scholarly Articles