Dispute Resolution and Arbitration Commons^™

Introduction & Coda, Multi-Party Dispute Resolution, Democracy And Decision Making: Vol. Ii Of Complex Dispute Resolution, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, negotiations in political policy formation and governance, and international conflict resolution. Each volume contains an original introduction by the editor, which explores the key issues in the field. All three volumes feature essays which span an interdisciplinary range of fields, law, political science, game theory, decision science, economics, social and cognitive psychology, sociology and anthropology and consider issues in the uses of informal and …

An Analysis Of The Maryland Court Of Special Appeals Adr Division January 2012 Appellate Mediation Program National Questionnaire, Center For Dispute Resolution At University Of Maryland

C-DRUM Publications

No abstract provided.

Leveraging The Mining Industry’S Energy Demand To Improve Host Countries’ Power Infrastructure, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

The initial phase of the Leveraging Mining-Related Infrastructure Investments for Development project consisted of a worldwide survey of regulatory, commercial and operating case studies of shared use of mining-related infrastructure. This Policy Paper delivers the findings for power infrastructure.

Mediation Advocacy For Civil Disputes In The Subordinate Courts: Perspectives From The Bench, Dorcas Quek Anderson, Kenneth Choo

Research Collection Yong Pung How School Of Law

“The New Lawyer: How Settlement is Transforming the Practice of Law” by JulieMacFarlane was reviewed in the May issue of the Law Gazette, in conjunction withthe introduction of a “Presumption of ADR” for civil disputes in the SubordinateCourts. MacFarlane describes the emergence of a new advocacy focusing on holisticproblem-solving. The reviewer posed a series of pertinent questions for theSingapore legal profession, “[W]e are all familiar with the popular notion of litigationlawyers as rights warriors. But the litigation lawyer as a conflict resolver? Is he or shean imaginary character or an emerging reality?”

What’S In A Frame? (Or The Power Of Emotions And Subliminal Messaging), Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Mediation Blog, three examples of the power of (re)framing from the perspective of negotiators in a mediation setting is offered.

The Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact, H. Lee Hetherington

Pepperdine Law Review

No abstract provided.

The Privatization Of Civil Justice: An Exposition On New York's Prompt Payment Law And Its Imposition Of Mandatory Arbitration, James M. Tsimis

Touro Law Review

No abstract provided.

Mediating International Child Abduction Cases: The Hague Convention, Michele Merritt

Arbitration Law Review (2009 - Present)

No abstract provided.

Keynote Address, John D. Feerick

Arbitration Law Review (2009 - Present)

No abstract provided.

Table Of Contents - Issue 2

Journal of Dispute Resolution

No abstract provided.

Interim Measures , Marianne Roth

Journal of Dispute Resolution

Traditionally, requests for interim relief have been a construct of courts. However, arbitrators are increasingly being asked to make such rulings themselves. Requesting interim relief from an arbitrator, as opposed to the court, is particularly appealing in international arbitration, where parties often engage in arbitration as a way of avoiding local courts and any home court advantage that may be associated with them. Sometimes, though, interim relief may be unavailable from the arbitral tribunal; for example, when coercion is associated with the requested measure. In such situations, the powers to grant interim measures are shared between arbitral tribunals and courts. …

State Legislative Update , Lacy Cansler, Daniel Levy, Kelisen Molloy, Henry Tanner

Journal of Dispute Resolution

While on the surface it seems like any legislation helping Americans keep their homes is a good idea, some critics question the effectiveness of these laws. They cite evidence (to be discussed below) showing foreclosure rates do not improve in states with foreclosure mediation laws. Others argue that while it may only be a short-term fix towards the larger problems that ail our economy, foreclosure mediation has shown to be a positive measure that helps many Americans, especially when the law is properly written. This paper will analyze the recent foreclosure mediation laws, and will explore the effectiveness of this …

Property Insurance Appraisal: Is Determining Causation Essential To Evaluating The Amount Of Loss , Ashley Smith

Journal of Dispute Resolution

While the appraisal procedure is commonly used in property insurance claims, the scope of an appraisal is contested. Courts are divided on whether to allow the determination of causation within an appraisal process. Whether or not to allow the determination of causation in appraisal and the reasoning behind each position can be influential for the majority of state and federal courts who have yet to confront this issue. Outlined below is an overview of the appraisal process within the property insurance context, a distinction of causation from coverage, and courts’ reasoning for allowing or forbidding the determination of causation in …

From Noise To Music: The Potential Of The Multi-Door Courthouse (Casas De Justicia) Model To Advance Systemic Inclusion And Participation As A Foundation For Sustainable Rule Of Law In Latin America , Mariana Hernandez-Crespo

Journal of Dispute Resolution

International bodies have attempted to provide a more sustainable response to instability through legal reform with an emphasis on rule of law, access to justice, and the use of alternative or appropriate dispute resolution. Yet, in Latin America of yesterday and today, there is a marked gap between law on the books and law in action, due in part to lack of citizen engagement.

If It Only Had A Heart: Supreme Court Eschews Compassion For Cash-Strapped Consumers In Upholding The Validity Of Arbitration Clauses In Credit Repair Contracts, Collin Koenig

Journal of Dispute Resolution

in CompuCredit Corp. v. Greenwood, the Supreme Court was faced with the issue of whether consumers' claims under the CROA can be resolved through contractually required arbitration, or whether the language of the statute requires resolution between credit repair organizations and consumers may include enforceable arbitration agreements. This note criticizes the Supreme Court's reasoning, partly inspired by Justice Ginsburg's dissent. In enforcing arbitrability of CROA disputes, the Court has acted contrary to Congress' purposes of the Act: to ensure that consumers are making an "informed decision" when dealing with CROs and to protect consumers from deceptive credit repair services. In …

Faa Versus The Magnuson - Moss Warranty Act: Which Warrants Precedence, The, Tyler Beckerle

Journal of Dispute Resolution

These questions have proven to be a formidable foe for the judiciary. Moreover, courts and commentators have been divided as to what answer will produce the best policy. In 2002, the discussion seemed to be headed toward conclusion after the Fifth and Eleventh Circuits found that the FAA should trump the MMWA in the event of statutory conflict. However, with the Ninth Circuit’s decision in Kolev v. Euromotors West/The Auto Gallery, this polarizing issue has once again become a focus in American jurisprudence. While the Ninth Circuit has recently withdrawn Kolev sua sponte, it is doubtful that the Ninth Circuit …

Resolving Mass Legal Disputes Through Class Arbitration: The United States And Canada Compared, S. I. Strong

Faculty Publications

This article compares three issues that have arisen as a result of recent Supreme Court decisions in both countries: the circumstances in which class arbitration is available; the procedures that must or may be used; and the nature of the right to proceed as a class. In so doing, the article not only offers valuable lessons to parties in the U.S. and Canada, but also provides observers from other countries with a useful framework for considering issues relating to the intersection between collective relief and arbitration.

A Defense Of Dissents In Investment Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra

University of Miami Inter-American Law Review

No abstract provided.

The Applicability Of Arbitration In The Americas: An Avant-Garde Approach To The Panama Convention, Elizabeth A. Briggs

University of Miami Inter-American Law Review

No abstract provided.

Quantifying The Economic Benefits Of Effective Redress: Large E-Commerce Data Sets And The Cost-Benefit Case For Investing In Dispute Resolution, Colin Rule

University of Arkansas at Little Rock Law Review

Demonstrating the economic benefit of investments in fair and effective redress systems has been one of the greatest challenges for dispute resolution. This article uses results from large e-commerce data sets to demonstrate the quantifiable benefit in of investments in effective dispute resolution processes. Specifically, the data is based not on user-reported satisfaction, which can be unreliable, but instead on an analysis of the actual behavior of users before and after a dispute event. The result is hard evidence of the economic benefits from the deployment of effective redress processes, which is relevant to e-commerce service providers, as well as …

Leveling Up To Immersive Dispute Resolution (Idr) In 3-D Virtual Worlds: Learning And Employing Key Idr Skills To Resolve In-World Developer-Participant Conflicts, Lucille M. Ponte

University of Arkansas at Little Rock Law Review

This article proposes a new conflict resolution approach called "immersive dispute resolution" (IDR) through the use of existing communication and graphical technology in 3-D virtual worlds as well as the collaborative and strategic thinking skills virtual world participants acquire in digital experiences. Specifically, this article begins by discussing research on learning in virtual worlds, with an emphasis on key collaborative conflict resolution skills accumulated through play in virtual environments. Next, this article discusses current dispute resolution processes available in certain 3-D worlds which fail to leverage the technology or collaborative skills available in these environments, and finishes with a call …

Building Bridges To Remedies For Consumers In International Conflicts, Amy J. Schmitz

University of Arkansas at Little Rock Law Review

This essay addresses the lack of consumer remedy mechanism, and attempts to open consideration of expanded use of online processes for resolving business-to-consumer (B2C) eConflicts. Specifically, the essay attempts to highlight the problems created by problematic and uncertain enforcement of B2C arbitration, and proposes the use of the Internet to create fair and globally enforceable Online Dispute Resolution and Online Arbitration (OArb) mechanisms. These mechanisms would capitalize on the growth and efficiency of the Internet while protecting consumers from burdensome and/or expensive procedures that render existing remedies meaningless.

The essay begins by discussing the importance of fair and accepted B2C …

An Empirical Study Of Predispute Mandatory Arbitration Clauses In Social Media Terms Of Service Agreements, Michael L. Rustad, Richard Buckingham, Diane D’Angelo, Katherine Durlacher

University of Arkansas at Little Rock Law Review

This Article is the first empirical study of the use of predispute mandatory arbitration clauses by social networking sites (SNSs) and sheds light on whether SNSs are using arbitration clauses strategically in order to complete a "liability-free" zone in cyberspace. Our empirical findings reveal that SNS arbitration clauses contravene many of the basic principles deemed indispensable for a fundamentally fair process for consumers to obtain civil recourse for recognized torts and remedies for contract disputes. Congress needs to prohibit predispute mandatory arbitration clauses in terms of service agreements and privacy policies.

Introduction, Thomas Carbonneau

Arbitration Law Review (2009 - Present)

No abstract provided.

The Commercial Arbitration Act Of 2011: Australia's Attempt At Arbitration Eminence, Laura Mangotta

Arbitration Law Review (2009 - Present)

No abstract provided.

The 2012 International Chamber Of Commerce Rules Of Arbitration: Meeting The Needs Of The International Arbitration Community In The 21st Century, Meeran Ahn

Arbitration Law Review (2009 - Present)

No abstract provided.

A Decade And Some Change: A Look Into The New 2012 Icc Rules Of Arbitration, Linnea Ignatius

Arbitration Law Review (2009 - Present)

No abstract provided.

Background Paper For Second Workshop On Contract Negotiation Support For Developing Host Countries, Vale Columbia Center On Sustainable International Investment, Humboldt-Viadrina School Of Governance

Columbia Center on Sustainable Investment Staff Publications

The Columbia Center on Sustainable Investment (CCSI) and the Humboldt-Viadrina School of Governance (HSVG) have initiated a process to discuss the desirability and feasibility of mechanisms to provide negotiation support for developing host countries in their negotiations with major investors.

At a first workshop held in October 2011, participants agreed on the need for an expansion of support for developing countries in their contract negotiations.

A second workshop was held at Columbia University in July 2012 that undertook a gap analysis between the existing sources of support for developing countries in relation to complex contracts and the countries’ needs for …

The Battle Over Class Action: Second Circuit Holds That Class Action Waiver For Antitrust Actions Unenforceable Under The Federal Arbitration Act, Dustin Morgan

Arbitration Law Review (2009 - Present)

No abstract provided.

An Arbitration Body For The International Seoul: Kcab's New Rules, Alexander Wiker

Arbitration Law Review (2009 - Present)

No abstract provided.