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Articles 4261 - 4290 of 7746
Full-Text Articles in Dispute Resolution and Arbitration
Sovereign Immunity In The Enforcement Of Awards Against States, Darius Chan
Sovereign Immunity In The Enforcement Of Awards Against States, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Designing The Gaps In Mediation Architecture, Nadja Alexander
Designing The Gaps In Mediation Architecture, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the 'gaps' in the developing architecture of mediation, and the design for regulatory spaces are explored.
The Mediation Meta-Model: The Realities Of Mediation Practice, Nadja Alexander
The Mediation Meta-Model: The Realities Of Mediation Practice, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this article, I expand on the literature and present a meta-model for thinking about mediation practice. The Mediation Meta-Model is a structure for identifying different mediation approaches and how they relate to one other. It makes no claim to universal application. Rather, it offers a conceptual road-map for an increasingly complex and sophisticated array of practices which share the name mediation. The theoretical foundations and analysis for the Meta-Model have been included in previous work (2008).It is well known in Australian mediation circles that mediation practice does not always correspond to the dominant facilitative training model—even though, on the …
Rectitude In International Arbitration, William W. Park
Rectitude In International Arbitration, William W. Park
Faculty Scholarship
Few criteria for evaluating arbitrator independence and impartiality will stay foolproof for long, given how ingenious fools often prove themselves to be. No less than in other areas of the law, elaboration of ethical standards for arbitrators implicates a tension between the transient and the permanent. Conflict-of-interest principles remain most useful if implemented with sensitivity to new trouble spots. Traditional ethical models serve as starting points for evaluating the fitness of those to whom business managers and nations entrust their treasure and their welfare. The constant evolution in expectations by users of the arbitral system call for regular adjustment in …
Options Available To An Unsuccessful Party In An Arbitration, Darius Chan
Options Available To An Unsuccessful Party In An Arbitration, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Evolution Of Strategic Communication And Information Operations Since 9/11: Hearing Before The Subcomm. On Emerging Threats & Capabilities Of The H. Comm. On Armed Services, 112th Cong., July 12, 2011 (Statement Of Rosa Ehrenreich Brooks), Rosa Ehrenreich Brooks
Testimony Before Congress
I know that members of this sub-committee are deeply committed to ensuring that reform of strategic communication organizational structures and policies remains a top priority for the executive branch. I have to confess that in my former role as a Defense Department official with responsibility for a range of SC and IO issues, I was not always wholly grateful for your interest: you and your colleagues on the House Appropriations Committee put the Department through the ringer with quite a lot of different reporting requirements. As a citizen, however, I am deeply grateful to you for having kept us on …
Summary Of Pasillas V. Hsbc Bank Usa, Et. Al., 127 Nev. Adv. Op. No. 39, Meredith Still
Summary Of Pasillas V. Hsbc Bank Usa, Et. Al., 127 Nev. Adv. Op. No. 39, Meredith Still
Nevada Supreme Court Summaries
An appeal from a district court order denying a petition for judicial review arising in a foreclosure mediation action.
The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan D. Franck
The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan D. Franck
Scholarly Articles
The legitimacy of the World Bank's dispute resolution body - The International Centre for the Settlement of Investment Disputes (ICSID) - is a matter of heated debate. Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems. Using pre-2007 archival data of the population of then- known arbitration awards, this Article quantitatively assesses whether ICSID arbitration awards were substantially different from arbitration awards rendered in other forums. The Article examines variation in the amounts claimed and outcomes reached to evaluate indicators of bias. The results indicated that there was no reliable …
Pleading For Justice: The Availability Of Plea Bargaining As A Method Of Alternative Resolution At The International Criminal Court, Kate Kovarovic
Pleading For Justice: The Availability Of Plea Bargaining As A Method Of Alternative Resolution At The International Criminal Court, Kate Kovarovic
Journal of Dispute Resolution
This article serves to illustrate how the implementation of a plea bargaining process at the ICC would enable the Court to achieve both peace and justice. Part II begins by analyzing the history of plea bargaining in the international criminal arena, using the ICTY and the ICTR as models of the successful incorporation of plea bargaining into a court's adjudication process. Part III transfers these advantages to the ICC by examining how the plea bargaining process would advance the Court's goals of achieving peace and justice. Part IV moves from the theoretical to the practical by analyzing how the principles …
Are We Paper Tigers - The Limited Procedural Power Of Arbitrators Under Chinese Law, Chi Manjiao
Are We Paper Tigers - The Limited Procedural Power Of Arbitrators Under Chinese Law, Chi Manjiao
Journal of Dispute Resolution
This article explores the extent arbitrators exercise procedural power under Chinese law in six parts. Part II briefly provides background information for the legal framework of Chinese arbitration law and the "dual-track system" in the Chinese arbitration regime. The ensuing parts deal with the three major aspects of arbitrators' procedural power respectively: Part III discusses the power of making jurisdictional decisions, Part IV analyzes the power of making applicable law decisions, and Part V explores the power of issuing interim measures. Part VI concludes that in all three aspects, the procedural power of arbitrators under Chinese law is heavily restricted …
In The Shadow Of Soft Law: The Handling Of Corporate Social Responsibility Disputes Under The Oecd Guidelines For Multinational Enterprises, Leyla Davarnejad
In The Shadow Of Soft Law: The Handling Of Corporate Social Responsibility Disputes Under The Oecd Guidelines For Multinational Enterprises, Leyla Davarnejad
Journal of Dispute Resolution
This socio-legal study undertakes a comprehensive analysis of the various practices NCPs apply to solve CSR disputes during specific instances. It does so in four parts, starting with an outline of the legal background of the CSR debate and movement in Part II. Part Ill examines the construction and content of the Guidelines. Also, Part III explores the soft law nature debate and how it shapes the NCPs' commitment and implementation of the Guidelines. In Part IV, the empirical findings of this study are presented to illuminate how the soft law nature of the Guidelines shapes the NCPs' commitment and …
State Legislative Update , Benjamin Angulo, Daniel J. Romine, Matthew Schacht
State Legislative Update , Benjamin Angulo, Daniel J. Romine, Matthew Schacht
Journal of Dispute Resolution
This analysis will examine the sample of bills in four parts. Because some of the proposed state bills are silent on whether their respective bills are reserved for non-commercial matters, Part II examines whether the bills apply to businesses that are parties to business-to-business international commercial contracts. Part III assesses the bills' definition of foreign law to better understand the scope of the anti-foreign law bans. Because each anti-foreign law bill initially defines foreign law as one that is created outside the U.S., Part III analyzes whether the bills' foreign law definitions include international organizations and tribunals. It is important …
Foreigners Beware: Exploring The Tension Between Saudi Arabian And Western International Commercial Arbitration Practices: In Re Aramco Services Co., Whitney Hampton
Foreigners Beware: Exploring The Tension Between Saudi Arabian And Western International Commercial Arbitration Practices: In Re Aramco Services Co., Whitney Hampton
Journal of Dispute Resolution
Increasing globalization in the Middle East has resulted in greater commercial interaction between Saudi Arabia and the West. This, in turn, has led to a resurgence of international arbitration agreements between Saudi Arabian businesses and their Western counterparts. However, the strong religious undertones in Saudi Arabian law have given rise to tension with the West, and the United States, in particular. In re Aramco Services is but a tiny piece in a very large puzzle. While the opinion is short, it serves as an indication, or perhaps a reminder, of the larger implications at work. This note will discuss these …
Consent Is The Key To Compel: The Eighth Circuit Properly Denies A Motion To Compel A Non-Signatory To Arbitrate United States Court Of Appeals, Eighth Circuit: Bank Of America V. Umb Financial Services, Tom Swoboda
Journal of Dispute Resolution
This Note addresses a recent Eighth Circuit decision concerning the issue of whether or not to compel arbitration between a non-signatory plaintiff and a defendant who desires to arbitrate the plaintiff's claims.' After examining a recent Supreme Court decision in which the Court articulated certain principles of state contract law that allow a court to compel arbitration by or against nonparties to a contract, this Note will explore precedent in Missouri that demonstrates a stringent process in order to compel non-signatories to arbitration. The various federal circuit court treatments of this commonly litigated issue and its underlying split on the …
Ethical Problems In Class Arbitration, Andrew Powell, Richard A. Bales
Ethical Problems In Class Arbitration, Andrew Powell, Richard A. Bales
Journal of Dispute Resolution
This article examines two significant conflicts of interest that arise in class arbitration in six parts. Part II provides background on the recent evolution of class arbitration, explaining how the Supreme Court had decided several cases involving class arbitration but has not explicitly ruled that class actions are either permitted or forbidden. Part III discusses the conflicts of interest that could arise at the beginning of class arbitration. Part IV discusses conflicts of interest that arise at the end of class arbitration. Part V of this article argues that if and when Congress amends the Federal Arbitration Act to statutorily …
Missouri Courts Side With Employees Against The Eighth Circuit: Continued Employment Does Not Constitute Acceptance And Consideration For Mandatory Arbitration Agreements: Frye V. Speedway Chevrolet Cadillac, Laura Browne
Journal of Dispute Resolution
The question of whether continued employment constitutes acceptance and consideration for an employment contract, particularly applied to mandatory arbitration clauses, has split the authorities who decide on cases arising out of Missouri. The United States Court of Appeals for the Eighth Circuit, while purporting to apply Missouri law in cases arising out of Missouri, holds that an employee who continues to work for his or her employer after an arbitration program has been implemented is bound by it by the virtue of his or her continued employment. Missouri courts, however, disagree with this interpretation of Missouri law and held in …
Adr And Divotce In Light Of The Elkins Legislation, Jennifer Adams
Adr And Divotce In Light Of The Elkins Legislation, Jennifer Adams
Arbitration Law Review (2009 - Present)
No abstract provided.
No Bloch Head: Arbitrator's Decision Brings Change To The Nhl, Andrew M. Kroeckel
No Bloch Head: Arbitrator's Decision Brings Change To The Nhl, Andrew M. Kroeckel
Arbitration Law Review (2009 - Present)
No abstract provided.
Enhanced Dispute Resolution Through The Use Of Information Technology, Garret Brouwer
Enhanced Dispute Resolution Through The Use Of Information Technology, Garret Brouwer
Arbitration Law Review (2009 - Present)
No abstract provided.
The Future Of Investor-State Arbitration: Greater Transparency On The Horizon For Uncitral Rules, Kristin Miller
The Future Of Investor-State Arbitration: Greater Transparency On The Horizon For Uncitral Rules, Kristin Miller
Arbitration Law Review (2009 - Present)
No abstract provided.
Introduction To The Arbitrator As Judge . . . And Judge Of Jurisdiction Symposium, Thomas E. Carbonneau
Introduction To The Arbitrator As Judge . . . And Judge Of Jurisdiction Symposium, Thomas E. Carbonneau
Arbitration Law Review (2009 - Present)
No abstract provided.
Connecticut Forces Litigious Patients To Play Nice With Doctors, Mandates Mediation For All Medical Malpractice Claims, Ryan J. Maerz
Connecticut Forces Litigious Patients To Play Nice With Doctors, Mandates Mediation For All Medical Malpractice Claims, Ryan J. Maerz
Arbitration Law Review (2009 - Present)
No abstract provided.
Icann's Uniform Domain Name Dispute Resolution Policy As A Means Of Combating Copyright Infringement, Dwight A. Decker Jr.
Icann's Uniform Domain Name Dispute Resolution Policy As A Means Of Combating Copyright Infringement, Dwight A. Decker Jr.
Arbitration Law Review (2009 - Present)
No abstract provided.
Supreme Court Of Colorado Holds That An Excess Insurer Who Endorses A Primary Insurer's Coverage Agreement By Follow-Form Is Subject To The Arbitral Clause Within That Agreement, Jamie L. Augustinsky
Supreme Court Of Colorado Holds That An Excess Insurer Who Endorses A Primary Insurer's Coverage Agreement By Follow-Form Is Subject To The Arbitral Clause Within That Agreement, Jamie L. Augustinsky
Arbitration Law Review (2009 - Present)
No abstract provided.
International Commercial Arbitration And The Arbitrator's Contract, Jaclyn Reilly
International Commercial Arbitration And The Arbitrator's Contract, Jaclyn Reilly
Arbitration Law Review (2009 - Present)
No abstract provided.
Contract And Kompetenz, Peter B. Rutledge
Contract And Kompetenz, Peter B. Rutledge
Arbitration Law Review (2009 - Present)
No abstract provided.
Revelation And Reaction: The Struggle To Shape American Arbitration, Thomas J. Stipanowich
Revelation And Reaction: The Struggle To Shape American Arbitration, Thomas J. Stipanowich
Arbitration Law Review (2009 - Present)
No abstract provided.
Full Of Sound And Fury, Signifying Nothing: Second Circuit Chides Employer's Unfair Arbitration Terms, Tet Still Enforces Agreement, Michael C. Barbarula
Full Of Sound And Fury, Signifying Nothing: Second Circuit Chides Employer's Unfair Arbitration Terms, Tet Still Enforces Agreement, Michael C. Barbarula
Arbitration Law Review (2009 - Present)
No abstract provided.
Ohio Appellate Court Holds That Statutorily Authorized Awards Of Attorney's Fees Are Properly Decided By Arbitrators, Nick Fox
Arbitration Law Review (2009 - Present)
No abstract provided.
The Court's Power To Grant Preliminary Injunctions In C Ases Where Arbitration Is Pending, Dwight A. Decker Jr.
The Court's Power To Grant Preliminary Injunctions In C Ases Where Arbitration Is Pending, Dwight A. Decker Jr.
Arbitration Law Review (2009 - Present)
No abstract provided.