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Dispute Resolution and Arbitration Commons

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6,191 full-text articles. Page 1 of 171.

Taxing Employers For Imposing Mandatory Arbitration, Class Action Waiver, And Nondisclosure Of Dispute Provisions, Rebecca N. Morrow 2021 Wake Forest University

Taxing Employers For Imposing Mandatory Arbitration, Class Action Waiver, And Nondisclosure Of Dispute Provisions, Rebecca N. Morrow

SMU Law Review

Employers impose coercive dispute resolution terms on their employees more frequently, more broadly, and with greater legal success than ever before. Recent survey data indicates that mandatory employment arbitration provisions bind more than 60 million American workers—over half of the U.S. private-sector nonunion workforce. Employment class action waivers bind nearly 25 million American workers. In 2018, the Supreme Court held 5–4 that mandatory arbitration provisions and class action waivers imposed by employers on their employees do not violate the National Labor Relations Act. These terms prohibit employees from exposing employer wrongdoing in open court, bar employees with ...


Restorative Justice, Law, And Healing, Henry J. Shea 2021 University of St. Thomas School of Law

Restorative Justice, Law, And Healing, Henry J. Shea

University of St. Thomas Law Journal

No abstract provided.


The Role Of Restorative Justice In Addressing Clergy Sexual Abuse And Helping Its Survivors, Tom Johnson, John Choi, Bernard Hebda, Tim O'Malley, Stephanie Wiersma 2021 University of St. Thomas, Minnesota

The Role Of Restorative Justice In Addressing Clergy Sexual Abuse And Helping Its Survivors, Tom Johnson, John Choi, Bernard Hebda, Tim O'Malley, Stephanie Wiersma

University of St. Thomas Law Journal

No abstract provided.


Restorative Revelations, Monica Cosby, Annalise Buth 2021 University of St. Thomas, Minnesota

Restorative Revelations, Monica Cosby, Annalise Buth

University of St. Thomas Law Journal

No abstract provided.


Confessions Of A Catholic Litigator, David A. Shaneyfelt 2021 University of St. Thomas, Minnesota

Confessions Of A Catholic Litigator, David A. Shaneyfelt

University of St. Thomas Law Journal

No abstract provided.


The Tangled Web Of Mass Incarceration: Addressing The School-To-Prison Pipeline Through A Restorative Justice Approach, Artika R. Tyner 2021 University of St. Thomas, Minnesota

The Tangled Web Of Mass Incarceration: Addressing The School-To-Prison Pipeline Through A Restorative Justice Approach, Artika R. Tyner

University of St. Thomas Law Journal

No abstract provided.


Forming Restorative Justice Practitioners: Learning To Make Meaning Of Our Trauma Exposure Response, Mary J. Novak 2021 University of St. Thomas, Minnesota

Forming Restorative Justice Practitioners: Learning To Make Meaning Of Our Trauma Exposure Response, Mary J. Novak

University of St. Thomas Law Journal

No abstract provided.


Healing The Harm: The Effectiveness Of Restorative Justice In Response To Clergy Abuse, Daniel Griffith 2021 University of St. Thomas, Minnesota

Healing The Harm: The Effectiveness Of Restorative Justice In Response To Clergy Abuse, Daniel Griffith

University of St. Thomas Law Journal

No abstract provided.


Keynote Address, Jeanne Bishop 2021 University of St. Thomas, Minnesota

Keynote Address, Jeanne Bishop

University of St. Thomas Law Journal

No abstract provided.


The Rcra Citizen Suit Provision And The Private Remedy Of Restitution After Kfc Western, Inc. V. Meghrig And Furrer V. Brown: Reasonable Minds May Differ, J. Thomas Blaine Lewis 2021 University of Kentucky

The Rcra Citizen Suit Provision And The Private Remedy Of Restitution After Kfc Western, Inc. V. Meghrig And Furrer V. Brown: Reasonable Minds May Differ, J. Thomas Blaine Lewis

Journal of Natural Resources & Environmental Law

No abstract provided.


The Obligatory Nature Of Arbitration Awards And Their Implementation In National And International Arbitration Dr. George Hazbon Hazbon & Dr. Radwan Obaidat, George Hazboun 2021 College of Law, University of Jordan

The Obligatory Nature Of Arbitration Awards And Their Implementation In National And International Arbitration Dr. George Hazbon Hazbon & Dr. Radwan Obaidat, George Hazboun

Journal Sharia and Law

This research aimed to analyse the arbitration award in it's various natures to deal with the principle of resjudicate issue in the domestic arbitration, the foreign arbitration and the private international one. Also the research dealt with the exceptions to the principle in a comparative view, to focus finally on the possibility of considering an absolute effect of the principle besides the relative one.


The Judicial Control Of Arbitration In The Jordanian Law, Mohannad Azmi Abou-Moghli, Amjad Hamdan Juhani 2021 Amman Arab University -College of Law

The Judicial Control Of Arbitration In The Jordanian Law, Mohannad Azmi Abou-Moghli, Amjad Hamdan Juhani

Journal Sharia and Law

This paper deals with the courts' supervision over the arbitration decision in the Jordanian Law in light of the New York Convention of 1958. The Courts' supervision consists of two forms: the supervision over the invalidation application of the arbitration decision and the supervision over the enforcement of the arbitration decision.

For this purpose, this paper was divided into two main sections in addition to an introductory section which dealt with the forms of cooperation between courts and arbitration. The first section discussed the invalidation suit of the arbitration decision while the second section dealt with its enforcement. Finally, the ...


The Economics Of Class Action Waivers, Albert H. Choi, Kathryn E. Spier 2021 University of Michigan Law School

The Economics Of Class Action Waivers, Albert H. Choi, Kathryn E. Spier

Articles

Many firms require consumers, employees, and suppliers to sign class action waivers as a condition of doing business with the firm, and the U.S. Supreme Court has endorsed companies’ ability to block class actions through mandatory individual arbitration clauses. Are class action waivers serving the interests of society or are they facilitating socially harmful business practices? This paper synthesizes and extends the existing law and economics literature by analyzing the firms’ incentive to impose class action waivers. While in many settings the firms’ incentive to block class actions may be aligned with maximizing social welfare, in many other settings ...


The Problem Of Enforcing Arbitral Awards An Analytical Study, Wafa Janahi 2021 College of Law - Bahrain University

The Problem Of Enforcing Arbitral Awards An Analytical Study, Wafa Janahi

Journal Sharia and Law

Despite efforts made to facilitate the enforcement of foreign arbitral awards internationally and the great success achieved by the New York Convention (1958) for the enforcement of foreign arbitral awards within contracting states’ territories, there remain issues that complicate the enforcement proceedings. Reliance on the national procedural rules for the enforcement of foreign awards, which vary in several aspects from one country to another, is one of the main issues that could undermine the effectiveness of arbitration. The problems that complicate the enforcement of foreign arbitral awards in national courts can be classified into two types: the first one can ...


Writing Condition And Electronic Arbitration A Comparative Study, Ibrahim Sabri AL-ARNAOUT 2021 Al-Mujamaa University, Kingdom of Saudi Arabia

Writing Condition And Electronic Arbitration A Comparative Study, Ibrahim Sabri Al-Arnaout

Journal Sharia and Law

This research is concerned with the issue of writing the arbitration agreement which is a formal condition required by the comparative legislation to conclude the arbitration agreement. Its purpose is to identify all the legal aspects of this condition and demonstrate its concept, nature and aspects. Then a question about the extent of the need for the traditional writing condition for the electronic arbitration agreement to be legal and correct is raised out with respect to showing the concept of this kind of arbitration. Namely, how the writing condition is satisfied within it and what the required conditions for the ...


Comments To The Draft Working Group Iii Workplan, Columbia Center on Sustainable Investment, International Institute for Environment and Development, International Institute for Sustainable Development 2021 Columbia Law School

Comments To The Draft Working Group Iii Workplan, Columbia Center On Sustainable Investment, International Institute For Environment And Development, International Institute For Sustainable Development

Columbia Center on Sustainable Investment Staff Publications

The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives ...


The Arbitration System In Dealing With Urgent Requests, Musaed Alenzi 2021 Faculty of Law Kuwait University

The Arbitration System In Dealing With Urgent Requests, Musaed Alenzi

Journal Sharia and Law

Since the appearance of the arbitration system and its advantages, the state's monopoly of judiciary has retreated and the state ceded part of its general authority by allowing individuals and private entities to solve some of their disputes through ways they have consented to follow.

However, the state has still had urgent judiciary - beside the substantive judiciary – which guarantees quick and temporary solutions when imminent risk threatens their interests. As a result, the inquiry can be raised as whether the arbitrary judiciary has jurisdiction over disputes concerning imminent risks or not. After reviewing articles No. 173 – 188 except art ...


The Legal Nature Of Arbitration Disputes In The Iraqi Market For Securities: A Comparative Study., Nasser Jalal, Zaala Said Yahya 2021 law, Salah Aldin University, Arbeel, Irak

The Legal Nature Of Arbitration Disputes In The Iraqi Market For Securities: A Comparative Study., Nasser Jalal, Zaala Said Yahya

Journal Sharia and Law

Some Arab legislation pursues arbitration as a single machinery to resolve disputes arising in the stock markets. This includes the Temporary Law for Stock Markets of Iraq No. (74) issued in 2004, which dealt with arbitration as a key access to resolve disputes in the Iraqi Stock market. This trend has been addressed by the Arbitration Rules of Procedure of Iraqi Stock Market in 2008; the legislature believed in arbitration as a best approach to settle disputes which could arise either between brokers or between them and the dealers. This regulation raises several questions such as: is the nature of ...


The Legal Nature Of Objection For Arbitration Agreement, Dr. Abdullah Abdul Rahman Al-Khatib 2021 College of Law, UAE University

The Legal Nature Of Objection For Arbitration Agreement, Dr. Abdullah Abdul Rahman Al-Khatib

Journal Sharia and Law

It is conceded that arbitration agreement prevents parties from filing their lawsuit before the courts. Thus, if one of the parties did not comply with this restriction and, nonetheless, resorted to the court, the respondent can preclude the claimant through an Objection to dismiss the case and refer the dispute to arbitration. The legal system in the UAE recognizes three types of objections, in which, each has its own provisions and rules. Non-observance of these rules may result in severe consequences to an extent the litigant’s right to insist it may be extinguished. As a result, it is imperative ...


Conflict Resolution From An Islamic Perspective: From Conflict Resolution To Diversity Management, Moh'd Naim Yassien, Eman Yassien 2021 University of Jordan, College of Sharia

Conflict Resolution From An Islamic Perspective: From Conflict Resolution To Diversity Management, Moh'd Naim Yassien, Eman Yassien

Journal Sharia and Law

The paper discusses conflict resolution and management concepts provided earlier in literature. Then, using Islamic concepts and Guidance provided by the Quran, the paper shifts the perspective of conflict into a new dimension, considering diversity as the main root for our model. Diversity can be managed well to create synergy(Good outcome), or, if not managed properly, would drive to conflict which the author considers as the bad outcome of diversity , that is why the Quran regards conflict as the cause of failure. Finally, the paper introduces a new model for conflict management process based on Islamic concepts and the ...


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