Dispute Resolution and Arbitration Commons^™

The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum

Georgia Journal of International & Comparative Law

No abstract provided.

The Pacific War, Continued: Denationalizing International Law In The Senkaku/Diaoyu Island Dispute, Joseph Jackson Harris

Georgia Journal of International & Comparative Law

No abstract provided.

The Distant Island Problem: The Arbitration On The Delimitation Of The Maritime Zones Around The French Collectivite Teritoriale Of Saint-Pierre-And-Miquelon, Merritt R. Blakeslee

Georgia Journal of International & Comparative Law

No abstract provided.

Mlb Calendar 2014-2015, Edmund P. Edmonds

MLB Calendars

No abstract provided.

Privatizing Mass Settlement, Jaime Dodge

Notre Dame Law Review

From BP’s oil spill in the Gulf of Mexico to the National Football League’s (NFL) inability to honor Super Bowl tickets, corporate defendants are contravening the established litigation wisdom and offering full compensation to victims—without haggling to pay pennies on the dollar, without stall tactics and frivolous motions; indeed, without any litigation at all. These offers have often been dismissed as rare one-off exceptions to the rule.

This Article challenges that claim, suggesting that these private mass settlements are instead relatively common features in our aggregate litigation system. The Article explores the reasons that, contrary to traditional wisdom, defendants would …

Investment Arbitration Under The Spotlight - What Next For Asia, Fali Nariman

2010 Herbert Smith Freehills-SMU Arbitration Lecture Series

This lecture will provide an analysis of recent developments in investment arbitration in Asia with a particular focus on the role played by bilateral and multilateral agreements in the region. A number of countries, particularly in South-East Asia and South Asia have engaged in investment arbitration in the last couple of years. Indonesia has reportedly signaled its intention to terminate its bilateral investment treaties, following the example of several Latin American countries in recent years. Will India also act on its stated intention to whittle down arbitration protections afforded to investors under Bilateral Investment Treaties? Will other states in the …

Secret's Out: Third Circuit Find Delaware's State Sponsored Arbitration Program Violates First Amendment Right Of Public Access In Delaware Coalition For Open Government V. Strine, Dean J. Shauger

Villanova Law Review (1956 - )

No abstract provided.

International Investment Agreements: Are Their Policy Aims Served By Their Broad Definitions Of Covered “Investors” And “Investments”?, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

With negotiation of “mega-treaties” such as the 12-country Trans-Pacific Partnership (TPP) and investment treaties between the EU and other large economies such as Canada and the United States, international investment agreements (IIAs) are gaining fame and raising a host of important policy questions. Among those questions are who/what the treaties benefit and at what cost.

The Presumption Of Resulting Trust: A New Era?, Man Yip

Research Collection Yong Pung How School Of Law

This entry is written in anticipation of the forthcoming appeal against the recent High Court judgment in Mak Saw Ching v Yam Hui Min, Barbara Rebecca [2014] SGHC 212. The appeal shall provide a further opportunity for the Court of Appeal to clarify and refine the law on the presumption of resulting trust after the important decision of Chan Yuen Lan v See Fong Mun [2014] 3 SLR 1048 released earlier this year. However, the High Court judgment is not to be missed as well. The decision highlights interesting issues for the appellate bench’s consideration, and could be the forerunner …

Nudging Users Towards Cross-Border Mediation: Is It Really About Harmonised Enforcement Regulation?, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this paper the author challenges her audience to think in different ways about creating the shift needed to make cross-border mediation practice a reality rather than rhetoric. Within Asia, Hong Kong, Singapore and other centres are positioning themselves as regional leaders in cross-border mediation. Statistically though, there is not an enormous amount of cross-border mediation going on. Despite the apparent advantages of mediation and the international regulatory activity outlined above, cross-border commercial mediation practice has been slow to develop. At dispute resolution conferences and other get-togethers, mediators and other ADR advocates ask themselves, “Why”? While there is little empirical …

Empirical Study On International Commercial Mediation And Conciliation, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the preliminary results from the empirical study on international commercial mediation and conciliation are presented.

What Is Negotiation?, Part 2, John M. Lande

Faculty Blogs

To get a good understanding of final settlement events, it usually helps to also understand the interactions leading up them.

Houson Putnam Lowry, Critical Sourcebook Annotated: International Commercial Law And Arbitration (Little, Brown & Co., Boston; Toronto; London, 1991), Pp. Xxvi + 532, Carol A. Watson

Georgia Journal of International & Comparative Law

No abstract provided.

Enforcement Of Arbitration Agreements: The Severability Doctrine In The International Arena - Republic Of Nicaragua V. Standard Fruit Co., 927 F.2d 469 (9th Cir. 1991)., Jennifer Bagwell

Georgia Journal of International & Comparative Law

No abstract provided.

The Growing Role Of Customized Consent In International Commercial Arbitration, Christofer Coakley

Georgia Journal of International & Comparative Law

No abstract provided.

“Labels Suck”, John Lande

Faculty Blogs

Using Andrea Schneider’s pithy observation as a jumping off point, I noted confusion about the traditional terminology about lawyer- and client-centered counseling, positional interest-based negotiation, and evaluative and facilitative mediation. Many of us are pretty sloppy in our use of these terms. For example, people often think of client-centered counseling, interest-based negotiation, and facilitative mediation basically as being nice and the opposite approaches as being tough (if not naughty). So in my classes, I briefly defined the terms so that students recognize them and I described the problems with them. Then I warned them not to use the terms and …

What Is Negotiation?, Part 1, John M. Lande

Faculty Blogs

Conventional conceptions of negotiation often involve various elements that do not necessarily occur in the process of reaching agreement.

How Does The European Union Solve Crises - With Solutions Or By Avoidance? A Study Of The "Mad Cow Disease" Crisis, Salmeh K. Fodor

Georgia Journal of International & Comparative Law

No abstract provided.

The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht

Georgia Journal of International & Comparative Law

No abstract provided.

The Issuance Of Interim Measures In International Disputes: A Proposal Requiring A Reasonable Possibility Of Success On The Underlying Merits, Jarrod Wong

Georgia Journal of International & Comparative Law

No abstract provided.

Climate Change Survey Measures: Exploring Perceived Bias And Question Interpretation, Tarik Abdel-Monem, Lisa M. Pytlikzillig, Tonya K. Bernadt, Nicole Wall

Lisa PytlikZillig Publications

Climate change has become an important yet politically divisive topic in recent years. Further complicating the issue are assertions that climate change– related public opinion surveys used by social scientists are biased or otherwise problematic. We conducted a pilot study to explore questions concerning bias and interpretation of climate change surveys. Our study sample was composed of adult residents of Nebraska (n = 115). We augmented our survey findings with cognitive interviews of a subsample of respondents (n = 20). We assessed study participants’ attitudes about climate change, and perceptions of bias and interpretation of survey questions drawn from previously …

C-Drum News, Fall 2014

The C-DRUM News

No abstract provided.

Unaffordable Justice: The High Cost Of Mandatory Employment Arbitration For The Average Worker, Lisa A. Nagele-Piazza

University of Miami Business Law Review

Although the use of arbitration provisions in collective bargaining agreements and executive employment contracts serve a beneficial purpose for workers and employers alike, the growing use of mandatory, pre-dispute arbitration agreements in non-unionized employment settings stands as an obstacle for employees to vindicate their statutorily prescribed civil rights. In particular, by forcing workers to share in the unique costs of arbitration, employees may be deterred from bringing otherwise meritorious claims. Given the federal policy favoring arbitration, and in the absence of legislation banning mandatory employment arbitration agreements, it is essential for arbitration service providers and drafters of arbitration clauses to …

A Framework For Advancing Negotiation Theory: Implications From A Study Of How Lawyers Reach Agreement In Pretrial Litigation, John M. Lande

Faculty Publications

The prevailing negotiation theory tries to fit lots of square pegs into just two round holes–adversarial or cooperative bargaining. In the real world, negotiation comes in many different shapes, not just circles and squares. Analyzing law school textbook definitions of the traditional models, this article demonstrates that the two “round holes” in current negotiation theory are poorly defined. It also presents empirical accounts of actual pretrial negotiations to demonstrate that the theoretical models do not fit some real-life negotiations. It argues that it is time to replace the traditional models with a flexible framework that can accommodate virtually all legal …

Good Pretrial Lawyering: Planning To Get To Yes Sooner, Cheaper, And Better, John M. Lande

Faculty Publications

Although the ostensible purpose for pretrial litigation is to prepare for trial, such preparation is inextricably intertwined with negotiation because the expected trial outcome is a major factor affecting negotiation. Indeed, since most litigated cases are settled, good litigators prepare for negotiation at least as much as trial. The lawyers interviewed for this article, who were selected because of their good reputations, described how they prepare for both possibilities. They recommend taking charge of their cases from the outset, which includes getting a clear understanding of clients and their interests, developing good relationships with counterpart lawyers, carefully investigating the cases, …

Book Review: “The Good Lawyer: Seeking Quality In The Practice Of Law”, Linda H. Edwards

Scholarly Works

In their first collaboration, The Happy Lawyer, the writing team of Nancy Levit and Doug Linder tackled a crucially important subject: how to have a happy life in the law. As part of that project, they interviewed more than two hundred lawyers about what makes them happy in their jobs. Levit and Linder noticed that happy lawyers nearly always talked about doing good work. Curious about the connection, the authors turned to recent research in neuroscience and learned, not to their surprise, that a key to a happy life is, indeed, the sense of doing good work. It is …

Do We Need Laws To Help Us Say Sorry?, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the role of an 'apology legislation' is illustrated.

Settlement – A Mediator’S Prayer, Nadja Alexander

Research Collection Yong Pung How School Of Law

In the post on the Kluwer Mediation Blog, the first published poetic piece on mediation ‘A Mediator’s Prayer’ by Hong Hong mediator, lawyer and poet, TK Iu, is applauded.

Simc And Sicc: New Developments In Singapore For The Resolution Of International Commercial Disputes, Eunice Chua

Research Collection Yong Pung How School Of Law

No abstract provided.

The Cohasset Marshlands Dispute: International Arbitration In Colonial New England, William W. Park

Faculty Scholarship

One of the earliest international arbitrations in the Americas arose from rival claims to hayfields contested between two groups of religious dissidents. The dispute resolution process which unfolded in 1640 between the Massachusetts and Plymouth colonies takes special significance as an epochal step toward the robust cross-border cooperation that ultimately united thirteen disparate colonies into a single nation.