Dispute Resolution and Arbitration Commons^™

Aureliano Buendia And President Gustavo Petro: The Impact Of A Dual-Sided Stakeholder And Leader On The Colombian Peace Accords, Samantha Sanchez

Cardozo Journal of Conflict Resolution (CJCR) Blog

Colombia has endured a nearly 60-year-long internal conflict between paramilitary groups, and allegedly its own military, costing the lives of countless civilians and setting the country’s post-colonial development back decades. Former Colombian President Juan Manuel Santos was awarded the Nobel Peace Prize for mediating a four-year-long deal with paramilitary groups that terrorized–mainly rural and indigent–neighborhoods for decades. However, many critics thought the award was premature, considering the nearly half a million deaths as a result and the impunity of human-rights offenders. Current struggles in the country prove that those critics may have been likely right.

This post was originally published …

Judge Capell’S Tiktok: A Model To Empower The Public To Be Their Own Conflict Negotiators, Marielle Burnett

Cardozo Journal of Conflict Resolution (CJCR) Blog

What if social media platforms were leveraged to empower interested users to resolve their own conflicts without litigation? This is a question that Brooklyn Civil Court Judge Heela Capell is exploring through several online platforms, most notably TikTok.

This post was originally published on the Cardozo Journal of Conflict Resolution website on November 2, 2023. The original post can be accessed via the Archived Link button above.

A New Dawn For The Common Law: A Proposal For A New Court System For The Asean Trade In Goods Agreement, Nicholas R. Gucciardo

William & Mary Business Law Review

The Association of Southeast Asian Nations (ASEAN) formed the ASEAN Trade in Goods Agreement (ATIGA) to facilitate trade liberalization between the bloc’s members. The ASEAN Member States have continued to implement the agreement according to the dispute settlement mechanism set out in the ASEAN Protocol on Enhanced Dispute Settlement Mechanism (Protocol). However, this Note will argue that the current dispute settlement mechanism (DSM) is inadequate because the panel system does not always provide a final forum for disputes between Member States. A new mechanism is necessary to better adhere to the principles of the ASEAN Charter, strengthen Southeast Asia as …

Special Challenges In Execution Of Arbitral Awards In Public Private Partnerships, Srividhya Ragavan, Niraj Kumar Seth

Faculty Scholarship

With around 47 million pending cases at various stages of Indian judiciary and one of the lowest levels of judges per million of population in the world, India’s arbitration regime presents a ray of hope for millions of Indians who face the prospect of justice being denied to them due to inordinate delays caused by a clogged judicial pipeline. The enactment of the Arbitration and Conciliation Act, 1996 was presented as a viable alternative to resolve commercial disputes in a timely manner. This paper uses a case study to discuss how arbitration in India has not fulfilled the timeliness promise …

How Can The Internal Revenue Service Improve Its Alternative Dispute Resolution Programs To Deliver Better Benefits?, Armando Gonzalez

Cardozo Journal of Conflict Resolution (CJCR) Blog

Most individuals and businesses file their tax return(s) and forget about the Internal Revenue Service (“IRS”) until it’s time to repeat the process the following year. However, sometimes disputes may arise “when a taxpayer fails to agree with an IRS finding, refuses to file a tax return, or refuses to comply with an IRS request for information.” To address some of these disputes, the IRS offers six alternative dispute resolution (“ADR”) programs through its Independent Office of Appeals, where mediation is leveraged to avoid costly litigation and lengthy appeals.

This post was originally published on the Cardozo Journal of Conflict …

Closing Remarks & Thanks

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

No abstract provided.

Problem-Solving Courts, Andrea K. Schneider, Tali Gal, Hadar Dancig-Rosenberg, Alma Magaña, Michael O'Hear, Amanda Berman, Erin Collins, Emmanuel Arnaud, Kathryn E. Miller, Kay Levine

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

1. Success Stories in Community Courts: Listening to Participant Voices

Moderator: Andrea Schneider

Presenters: Tali Gal, Hadar Dancig-Rosenberg

Commenters: Alma Magana, Michael O'Hear, Amanda Berman

2. Beyond Problem Solving Courts

Moderator: Andrea Schneider

Presenter: Erin Collins

Commenters: Emmanuel Arnaud, Kathryn Miller, Kay Levine

You can view the video recording by clicking here.

Keynote Address, Courtney Bryan

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

You can view the video recording by clicking here.

Innovations In Plea Bargaining Ii, Jonathan Oberman, Cynthia Alkon, Amy Schmitz, Elayne Greenberg, Erin Collins, Alma Magaña

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

Opening the Virtual Window: How On-Line Processes Could Increase Access to Justice in the Criminal Legal System

Moderator: Jonathan Oberman

Presenters: Cynthia Alkon, Amy Schmitz

Commenters: Elayne Greenberg, Erin Collins, Alma Magana

You can view the video recording by clicking here.

Innovations In Plea Bargaining, Jessica A. Roth, Kay Levine, Ron Wright, Kathryn E. Miller, Justin Murray, Kyron J. Huigens, Amy Schmitz, Michael O’Hear, Bennett Capers

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

1. Prosecutor Initiated Review of Sentences

Moderator: Jessica Roth

Presenters: Kay Levine and Ron Wright

Commenters: Kathryn Miller, Justin Murray, Kyron Huigens, Amy Schmitz

2. Lessons from Plea Bargaining in Homicide Cases

Moderator: Jessica Roth

Presenter: Michael O'Hear

Commenters: Ron Wright, Bennett Capers, Kyron Huigens

You can view the video recording by clicking here.

Welcome & Introduction, Daniel Kim, Andrea K. Schneider

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

No abstract provided.

Registration/Breakfast

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

No abstract provided.

The Future Of The Criminal Legal System: How Should A Multidoor Criminal Courthouse Operate?, Cardozo Journal Of Conflict Resolution

2023–2024 Flyers

Join the Cardozo Journal of Conflict Resolution on October 27, 2023, from 8:30 am - 4:00 pm EST for the annual Melnick Symposium. Held in the Cardozo Lobby and Moot Court Room, this year's theme is "The Future of the Criminal Legal System: How Should a Multidoor Criminal Courthouse Operate?" The symposium will explore criminal legal reform, the integration of restorative justice, problem-solving courts, diversion, bail reform, and plea bargaining, along with the roles of judges, prosecutors, defense attorneys, and the public. Papers will address effective system design and problem-solving for all stakeholders.

Black Excellence In The Spotlight: Legal Insights For Talent Representation, Cardozo Black Law Students Association, Cardozo Dispute Resolution Society, Cardozo Entertainment Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2023 Event Invitations

Join the Black Law Students Association, Dispute Resolution Society, Entertainment Law Society, Sports Law Society and The FAME Center for a discussion from agents and attorneys on strategies for negotiating fair deals on behalf of Black athletes and entertainers. The discussion will cover talent representation and alternative dispute resolution.

Black Excellence In The Spotlight: Legal Insights For Talent Representation, Cardozo Black Law Students Association, Cardozo Dispute Resolution Society, Cardozo Entertainment Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2023–2024 Flyers

No abstract provided.

The Kukin Program For Conflict Resolution Invites You To: All Things Adr, Kukin Program For Conflict Resolution

2023–2024 Flyers

No abstract provided.

The Kukin Program For Conflict Resolution Invites You To: All Things Adr, Kukin Program For Conflict Resolution

2023 Event Invitations

Please join Kukin Program for Conflict Resolution for All Things ADR, to learn about Cardozo's Alternative Dispute Resolution activities and societies.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Human Rights Remedy Gap In Isds – The Potential Of The Hague Rules On Business And Human Rights Arbitration, Diane A. Desierto, Anne Van Aaken, Steven Ratner, Giorgia Sangiuolo, Martijn Scheltema, Katerina Yiannibas

Faculty Lectures and Presentations

The tensions between the protection of human rights and States’ obligations towards foreign investors has been the subject of extensive debates among States, civil society actors, business, and international organizations. The Hague Rules on Business and Human Rights Arbitration represent a recent effort to provide an avenue for resolving claims concerning human rights violations connected to business activities, including investment. These Rules may be linked to or incorporated in national investment laws, state contracts, or International Investment Agreements (IIAs). The Hague Rules aim to fill a currently existing gap in (access to) remedies for rightsholders and help both investors and …

Kukin Program Newsletter – Fall 2023, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Fall 2023 highlights key developments, events, and achievements within Cardozo Law’s Kukin Program for Conflict Resolution. The newsletter covers updates such as the launch of the Cardozo Invitational Negotiation in Entertainment, Media, and Art, and Gloria Steinem's recognition with the International Advocate for Peace Award. It also announces new courses, including The Law of Settlement and International Peacebuilding: Israel, and welcomes new adjunct faculty. Additionally, students and alumni achievements are featured, such as awards, fellowships, and new roles in conflict resolution and mediation. Notably, the newsletter shares information on restorative justice initiatives and diversity …

Impartiality And The Construction Of Trust In Investor-State Dispute Settlement, Stavros Brekoulakis, Anna Howard

Singapore International Dispute Resolution Academy

This article analyses impartiality in investor-State dispute settlement (ISDS) by identifying the way that the parties’ trust in arbitrators is constructed. Drawing on the findings of a large-scale empirical project, it questions the applicability of an orthodox judicial doctrine of impartiality to ISDS on the grounds that trust in arbitrators is constructed on a fundamentally different basis from that of trust in judges. The primary feature of a judicial doctrine of impartiality is that trust is founded on an absolutist approach to impartiality which is intended to ensure that judges have no predispositions to parties. In contrast, trust in ISDS …

Baseball, Kenesaw Mountain Landis, And The Judicial Strike Zone - Home Run Or Foul On The Play?, Jan L. Jacobowitz

Articles

Babe Ruth, Lou Gehrig, Micky Mantle, and Shoeless Joe Jackson—There are many well-known baseball legends, but perhaps less well-known is the story of Kenesaw Mountain Landis, a judge turned baseball commissioner who inspired not only baseball fans, but also the American Bar Association’s first Judicial Canon of Ethics. The parallel stories of baseball’s greatest scandal, the judge appointed to be the first baseball commissioner, and the development of the judicial canons, provide context for the current controversial judicial prohibition--the appearance of impropriety.

The Death Knell And The Wild West: Two Dangers Of Domestic Discovery In Foreign Adjudications, Shay M. Collins

Michigan Law Review

Under 28 U.S.C. § 1782(a), parties to foreign legal proceedings can obtain discovery orders from United States federal courts. In other words, if a foreign party needs physical evidence located in—or testimony from a person residing in—the United States to support their claim or defense, they can ask a district court to order the production of that evidence. For almost two decades, § 1782(a) practice has operated as a procedural Wild West. Judges routinely consider § 1782(a) applications ex parte—that is, without giving the parties subject to the resulting discovery orders a chance to oppose them—and grant those applications at …

Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …

Kompetensi Mutlak Badan Penyelesaian Sengketa Konsumen Dalam Sengketa Lelang Barang Gadai: Studi Putusan Nomor 16 Pk/Pdt.Sus-Bpsk/2020, Barus Mario Ari Leonard, Sri Laksmi Anindita

Jurnal Hukum & Pembangunan

The authority of Consumer Dispute Settlement Agency (BPSK) in settling consumer dispute is regulated in a limited cause. In the Verdict No. 16 PK/Pdt.Sus-BPSK/2020, Judges verdict that BPSK has no authority in giving verdict for settling dispute between pawn giver and pawn taker in the case of pawn auction. This happen though the verdict of BPSK has been approved by Judges of first degree court and appellate court. The verdict was analyzed in this writing with the qualitative method. BPSK is alternative dispute resolution board between consumer and business industry. Agreement with pawn company and pawn giver was mainly debt …

Easy As Pi, John Lande

Faculty Blogs

This post presents some interactions with Pi, an AI system that is more conversational than others. It illustrates that, in the foreseeable future, AI systems almost certainly will become a lot more sophisticated and be incorporated into much of our lives, often in ways we will not notice

Cardozo Arbitration Day, Cardozo Dispute Resolution Society, Kukin Program For Conflict Resolution

2023–2024 Flyers

No abstract provided.

Arbitration Day, Cardozo Dispute Resolution Society, Kukin Program For Conflict Resolution

2023 Event Invitations

Join the Cardozo Dispute Resolution Society and the Kukin Program for Conflict Resolution for a “Pathways to Arbitration” panel discussion featuring Jeffrey T. Zaino, Betsy Hellmann, Charles Moxley and Luis Martinez.

The discussion will include an introduction to the arbitration process, career pathways into arbitration and current issues in dispute resolution. The evening will conclude with a networking reception with Cardozo alumni who work in arbitration.

The New York Convention: Concrete Jungle Where International Commercial Arbitration Dreams Are Made Of, Lizzie Klink

Villanova Law Review (1956 - )

No abstract provided.

Cjcr Publishes Volume 24, Issue 3 (Symposium 2022), Halle Jaffe

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— published the web edition of Volume 24, Issue 3 (Symposium 2022). The print edition of the issue has also been released.

This post was originally published on the Cardozo Journal of Conflict Resolution website on September 8, 2023. The original post can be accessed via the Archived Link button above.