Dispute Resolution and Arbitration Commons^™

The Consequences Of Nba Commissioner Adam Silver Arbitrating The Dispute Between The New York Knicks And The Toronto Raptors, Jane Perov

Cardozo Journal of Conflict Resolution (CJCR) Blog

Back in August 2023, the New York Knicks sent a letter addressed to the owner of the Toronto Raptors Larry Tanenbaum claiming the Raptors are engaging in illegal activity involving a former Knicks employee whom they just hired. They claimed that Ikechukwu Azotam, who at the time of his employment with the Knicks was an assistant video coordinator, “had illegally provided the Raptors with more than 3,000 confidential files.” Several days after the letter was sent the Knicks filed a lawsuit in the U.S. Southern District Court of New York against Maple Leaf Sports & Entertainment (Toronto Raptors), Darko Rajakavic, …

Navigating Divorce After Domestic Violence: The Benefits Of Adr, Anna Glasgow

Cardozo Journal of Conflict Resolution (CJCR) Blog

Navigating the complexities of divorce is challenging in any circumstance, but for survivors of domestic violence, the process of legal separation can be particularly intimidating. Most people think of domestic violence as the act of physical abuse, however, domestic violence can be described as any action or pattern that affects a spouse’s health and safety. It is estimated that one out of every five marriages, or 20% of marriages in the US involve domestic violence. It can be very hard for individuals who are victims of domestic abuse to want to get divorced. There is often fear that the abusing …

Table Of Contents

Arbitration Law Review (2009 - Present)

No abstract provided.

Arbitration's Unraveling, Myriam E. Gilles

Articles

It has been over a decade since the Supreme Court declared that the Federal Arbitration Act preempts state-law policies that stand as an obstacle to enforcement of the class-banning arbitration clauses that companies tuck into standard-form contracts. In that time, plaintiffs’ lawyers have tried challenging class action–banning arbitration provisions on myriad legal grounds, as well as pressing for federal and state legislation to undo the Court’s ruling in AT&T Mobility LLC v. Concepcion. Neither strategy has borne much fruit—until now. In the past few years, congressional action has exempted specific categories of cases from mandatory arbitration, suggesting that an area-by-area …

Digital Hearings — In Arbitration And Litigation, Colby E. Scott

Arbitration Law Review (2009 - Present)

No abstract provided.

Consequences Of The Indian Gaming Regulatory Act On Arbitrability: A Comment On Seneca Nation Of Indians V. New York, Amy Zigarovich

Arbitration Law Review (2009 - Present)

No abstract provided.

Foreword

Arbitration Law Review (2009 - Present)

No abstract provided.

Reigning In Infinite Consumer Arbitration Agreements: A Comment On The Eleventh Circuit's Calderon V. Sixt Rent A Car, Ava Mccartin

Arbitration Law Review (2009 - Present)

No abstract provided.

Three's A Crowd: The Eu Should Safeguard Against Third-Party Funding, Rita Portenti

Arbitration Law Review (2009 - Present)

No abstract provided.

Two's Company, Three's A Crowd: An Exploration Of Non-Signatory Parties' Ability To Bring An Action Under Arbitration And Its Impact On International Commercial Arbitration, Amber Zelko

Arbitration Law Review (2009 - Present)

No abstract provided.

The Multilateral Investment Court: Necessary Isds Reform Or Self-Fulfilling Prophecy?, Fahira Brodlija

Arbitration Law Review (2009 - Present)

No abstract provided.

Sovereign Immunity From Execution Of Foreign Arbitral Awards In India: The "New" Kid On The (Super) Pro-Arbitration Block, Ylli Dautaj

Arbitration Law Review (2009 - Present)

No abstract provided.

Federal District Courts May Not Assist Discovery Efforts In Connection With Proceedings Before Arbitral Tribunals Constituted Under The Icsid, Victor De Oliveira Leite

Arbitration Law Review (2009 - Present)

No abstract provided.

Uncompelled: Circuits Split Over The Pre-Hearing Discovery Powers Of Arbitrators, Maya Rashid

Arbitration Law Review (2009 - Present)

No abstract provided.

The Intra-Eu Bit Dilemma And The Enforcement Of Awards Outside The Eu: A Solution For Investors After The Cjeu Shut The Door To Their Cases?, Denny Peixoto

Arbitration Law Review (2009 - Present)

No abstract provided.

Expanding The Ban On Forced Arbitration To Race Claims, Michael Z. Green

Faculty Scholarship

When Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFASASHA”) in March 2022, it signaled a major retreat from the Supreme Court’s broad enforcement of agreements to force employees and consumers to arbitrate discrimination claims. But the failure to cover protected discriminatory classes other than sex, especially race, tempers any exuberance attributable to the passage of EFASASHA. This Article prescribes an approach for employees and consumers to rely upon EFASASHA as a tool to prevent both race and sex discrimination claims from being forced into arbitration by employers and companies. This approach relies upon procedural …

Multiple Proceedings And Abuse Of Procedure On Bri Disputes, Mariam Gotsiridze

Research Collection Yong Pung How School Of Law

This article argues that specific mechanisms and best practices should be adopted by different players in the Belt and Road Initiative (BRI) dispute resolution ecosystem to mitigate the risks of multiple proceedings and abuse of procedure. Specifically, (i) states should enhance their multilateral and bilateral treaty practices; (ii) arbitral institutions should enhance their arbitral rules as well as cooperate with each other; and (iii) states should direct more efforts to dispute prevention and amicable dispute settlement. This article will explain what these best practices and mechanisms are.

Rico's Long Arm, Randy D. Gordon

Faculty Scholarship

RICO has for over 50 years presented something of a parlor game for lawyers, mostly because its text leaves wide latitude in interpretation. And, as is often the case with RICO, resolution of one question begets more. The Supreme Court’s recent decision in Yegiazaryan v. Smagin proves no exception. Here, the Court brought some clarity to a question left open by RJR Nabisco: viz, what must one plead and prove to satisfy the “domestic injury” requirement necessary to invoke an extraterritorial application of RICO. The Court held that a foreign plaintiff can indeed, given the right facts and circumstances, establish …

How Adr Can Combat The Rise In Antisemitism And Islamophobia On College Campuses, Cynthia Spitzer

Cardozo Journal of Conflict Resolution (CJCR) Blog

Since the October 7, 2023 massacre in Israel by the terrorist organization Hamas, there has been ongoing strife and protests throughout the world. Such turmoil notably coincides with a rise in hate crimes, antisemitism, and islamophobia, noticed not only on the streets of the United States, thousands of miles away from Israel, but also in the microcosm of college campuses.

This post was originally published on the Cardozo Journal of Conflict Resolution website on February 29, 2024. The original post can be accessed via the Archived Link button above.

Cjcr Publishes Volume 25, Issue 1 (Fall 2023), Jane Perov

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 25, Issue 1 (Fall 2023).

The print edition of the issue is forthcoming. This post was originally published on the Cardozo Journal of Conflict Resolution website on February 28, 2024. The original post can be accessed via the Archived Link button above.

No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Arbitration In Professional Sports: Is It Time To Move On?, Alessandra Makris

Cardozo Journal of Conflict Resolution (CJCR) Blog

Arbitration clauses are extremely common in the contracts of athletes all over the world. However, with the recent focus on eliminating mandatory arbitration clauses in employment contracts, the question of whether professional sports leagues will start doing the same remains. In the world of professional sports, arbitration clauses can often be found within a Collective Bargaining Agreement (“CBA”) between a players’ association and an owners’ group. Five major professional sports have arbitration clauses in their CBAs: Major League Baseball (“MLB”), National Basketball Association (“NBA”), National Football League (“NFL”), Major League Soccer (“MLS”) and National Hockey League (“NHL”). Typically, the clauses …

Crypto And Arbitration: The Perfect Pair, Jared Bond

Cardozo Journal of Conflict Resolution (CJCR) Blog

While Cryptocurrency was once seen as the forefront of unique new investment opportunities, early 2022, known as the “Crypto Winter” saw a steep decline in cryptocurrency prices.[1] The fall of cryptocurrency led to an increase in crypto arbitration, with some cases just starting to reach the court system.[2] Due to the international nature of cryptocurrency and the unique challenges disputes present, many crypto businesses include arbitration clauses in their contracts.[3] While not yet clear how many of these issues will ultimately be resolved, there are clear benefits for crypto companies using arbitration as their chosen dispute resolution process, and certain …

Sequel: Negotiation Strategies Sag-Aftra And Amptp Should Employ To Prevent Future Strikes, Molly Baraban

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Screen Actors Guild-American Federation of Television and Radio (“SAG-AFTRA”) strike finally ended on November 9th, after months of contentious dealings between the two groups centering on concerns over the future of acting and the ability to compensate talent fairly. While we can now all finally celebrate the anticipated return of our favorite shows like Euphoria, House of the Dragon, and Stranger Things, we should also take a moment to critically analyze why SAG-AFTRA and the Alliance of Motion Picture and Television Producers (“AMPTP”) have historically continued to have conflict and how these groups can learn to negotiate better to …

A “Rule Making” Class: The Federal Trade Commission’S Expansive Per Se Ban On Noncompete Clauses: Authority, Enforceability, And The Need For Congressional Action, Nolan Johnson

Journal of Dispute Resolution

A non-compete clause is “an agreement or contract not to interfere or compete with a former employer (as by working with a competitor).” The Federal Trade Commission (“FTC”) has proposed a per se ban on non-compete provisions in employment contracts. This would arguably be the FTC’s second substantive rule under the FTC Act. This substantive rule making departs from the traditional common law style rule-making process in which the courts create antitrust jurisprudence standards. In this way, the FTC has challenged the practice by exploring a new avenue of power under Section 5 of the FTC Act.

Applicable Law And The Civil And Common Law Divide, George A. Bermann

Faculty Scholarship

In examining the relevance of civil law and common law synergies in international arbitration, we often dwell on aspects of arbitral practice and procedure. This should occasion no surprise. Our attention turns to arbitral practice and procedure, for that is what we do, as arbitrator and counsel, and on a daily basis. Leaving aside investor-State arbitration, in which substantive public international law looms large, international arbitration is very much a procedural endeavor.

But it should not be forgotten that the differences between the civil law and the common law manifest themselves not only, and not even primarily, in practice and …

The Judicial Grassroots Of The "Arbitration Revolution", Tamar Meshel

William & Mary Business Law Review

The “arbitration revolution”—the meteoric rise in the use of arbitration in the United States—is commonly imputed to the Supreme Court’s unilateral and ideologically driven expansion of the Federal Arbitration Act (FAA). The portrayal of the FAA’s evolution as a campaign launched by a Supreme Court that is out of touch with society and with the judicial system over which it presides usefully serves to delegitimize both this one-hundred year-old statute and arbitration more generally. This Article argues that the popular description of the Supreme Court as the sole instigator of the “arbitration revolution” is misleading because it conveniently ignores a …

Faculty List

Journal of Dispute Resolution

No abstract provided.

Description

Journal of Dispute Resolution

No abstract provided.

Masthead

Journal of Dispute Resolution

No abstract provided.