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The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes 2023 DePaul University

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes

DePaul Business & Commercial Law Journal

No abstract provided.


Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo 2023 DePaul University

Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo

DePaul Business & Commercial Law Journal

No abstract provided.


The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong 2023 DePaul University

The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong

DePaul Business & Commercial Law Journal

No abstract provided.


The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira 2023 DePaul University

The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira

DePaul Business & Commercial Law Journal

No abstract provided.


An Artificial Intelligence Tool For The Selection Of Delay Analysis Technique In Construction, Mostafa Farouk 2023 American University in Cairo

An Artificial Intelligence Tool For The Selection Of Delay Analysis Technique In Construction, Mostafa Farouk

Theses and Dissertations

The increasing complexity and magnitude of projects impose greater impact of delays on stakeholders. Construction delays are a major source of disputes in construction projects. Since a construction project depends on interactions and shared responsibilities among parties, research works were directed toward identifying delay causes, quantifying their impacts, and proposing ways to deal with them. Several delay analysis techniques (DATs) are available, but when applied to the same project’s delays provide different results. Thus, the selection of the DAT to use in evaluating delays becomes vital. Reviewing the literature, it has been realized that often there are disagreements, which lead …


Some Reflections On The “New Law Of The Sea”, Philippe Gautier 2022 U.S. Naval War College

Some Reflections On The “New Law Of The Sea”, Philippe Gautier

International Law Studies

The fortieth anniversary of the opening for signature of the UN Convention on the Law of the Sea provides an opportunity to offer some reflections on the “new law of the sea”; that is, the comprehensive set of rules that was the result of an unprecedented multilateral negotiation process: the Third United Nations Conference on the Law of the Sea (1973–1982). The focus of this article is on the adjudication of sea-related disputes in the “new law of the sea.” In an international legal order where access to a judge or an arbitrator requires the consent of both parties to …


The Negative Effects Of Arbitration Clauses In Meal Delivery Service Subscriptions, Amanda Pasternak 2022 Cardozo Journal of Conflict Resolution

The Negative Effects Of Arbitration Clauses In Meal Delivery Service Subscriptions, Amanda Pasternak

CJCR Blog

This past June, Daily Harvest, a vegan meal delivery service that sells soups, smoothies, and more recalled one of its products, French Lentil + Leek Crumbles, after hundreds of consumer reports of gastrointestinal illness, potential liver function issues, and other adverse reactions. According to the Food and Drug Administration (FDA), from April 28 to June 17, 2022, around 28,000 units of the recalled product were distributed to consumers throughout the United States via online sales, direct delivery, and retail sales. Samples were also given to a small number of consumers. Daily Harvest received around 470 reports of illness, which the …


Rethinking Absolute Immunity From Defamation Suits In Private Quasi-Judicial Proceedings, Nat Stern 2022 University of New Hampshire

Rethinking Absolute Immunity From Defamation Suits In Private Quasi-Judicial Proceedings, Nat Stern

The University of New Hampshire Law Review

No abstract provided.


The Role Of Investment Treaties And Investor–State Dispute Settlement (Isds) In Renewable Energy Investments, Ladan Mehranvar, Sunayana Sasmal 2022 Columbia Law School, Columbia Center on Sustainable Development

The Role Of Investment Treaties And Investor–State Dispute Settlement (Isds) In Renewable Energy Investments, Ladan Mehranvar, Sunayana Sasmal

Columbia Center on Sustainable Investment

Achieving our global goals of universal access to clean energy and averting a climate crisis will require a mass scale-up of investments in renewable energy infrastructure, redirecting capital from carbon intensive energy and transport systems. The International Renewable Energy Agency estimates that the transformation of the energy system alone will need cumulative investments to reach USD 110 trillion by 2050 to keep the rise in global temperatures to well below 2°C and towards 1.5°C during this century. Of that amount, over 80% will need to be invested in renewables, energy efficiency, end-use electrification, and power grids and flexibility.

The private …


International Commercial Mediation And Dispute Resolution Contracts, Nadja ALEXANDER, Natasha TUNKEL 2022 Singapore Management University

International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel

Research Collection Yong Pung How School Of Law

Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The obvious venue for commercial disputes to be decided is generally understood to be in court (litigation)2 or before an arbitral tribunal (arbitration)3. However, there are numerous other alternative dispute mechanisms4 available to parties that are less well known and also deserve consideration; not least because they offer parties methods of resolving the dispute between …


Negotiation Strategies For War By Other Means, Cardozo Journal of Conflict Resolution 2022 Yeshiva University, Cardozo School of Law

Negotiation Strategies For War By Other Means, Cardozo Journal Of Conflict Resolution

Event Invitations 2022

The symposium will explore the changing landscape of international conflicts and the role that dispute resolution can play in strengthening capacity to respond effectively. The keynote address will be given by Anne Leslie, who leads the Cloud Risk and Controls Europe division at IBM, as well as IBM’s Cloud for Financial Services.

The program will consist of three panels featuring academics and practitioners in the fields of dispute resolution and cyber security who will discuss: the history of hybrid warfare and the way it unfolds in the real world; the various ways negotiation theory applies and how it can address …


Negotiation Strategies For War By Other Means, Cardozo Journal of Conflict Resolution 2022 Yeshiva University, Cardozo School of Law

Negotiation Strategies For War By Other Means, Cardozo Journal Of Conflict Resolution

Flyers 2022-2023

Click here to view the event invitation.


Arbitration In Securities Exchange Trading Contracts Concluded Between The Financial Intermediary And The Investor In Light Of The Uae Law, Ramzi Madi Dr., Samer Al-Maaytah 2022 Associate Professor of Commercial Law - College of Law - Al Ain University

Arbitration In Securities Exchange Trading Contracts Concluded Between The Financial Intermediary And The Investor In Light Of The Uae Law, Ramzi Madi Dr., Samer Al-Maaytah

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

With the growing role of financial brokers in securities exchange trading operations in stock markets and their monopoly of buying and selling securities for the account of investors in the financial markets, this has led to the emergence of many disputes between financial brokers and their clients resulting from buying and selling orders for the purpose of concluding trading operations issued by the investor for financial intermediate.

Because of the technical nature of securities exchange trading operations, many countries have sought to find appropriate means to settle such disputes of a special nature, and found that arbitration is one of …


The Arbitration Of Interim Relief In Terms Of Comparative And Emirati Law, Prof. Sayed Mahmoud Ahmed, Mahmoud Fayyad Dr. 2022 Professor of Civil Procedure and Arbitration at the College of Law, University of Sharjah,& Ain-Shams University

The Arbitration Of Interim Relief In Terms Of Comparative And Emirati Law, Prof. Sayed Mahmoud Ahmed, Mahmoud Fayyad Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The interim protection for legal rights is one of the methods of judicial protection that avoids the risk of delay in the implementation of the law and in providing objective protection for these rights and centers, as well as to preserve them from this risk by taking urgent, temporary or conservative measures by issuing judgments or orders. Therefore, the aim of this research is to answer the following questions: does the arbitrator have the right to consider interim requests to achieve this protection, and if yes what is the legal base of this authority? What are the authorities of the …


Settlement Of Disputes Arising From Documentary Credit Under National And International Regulations, Dr. Hoda Magdy Nour 2022 Assistant Professor at Princess Nourah University Kingdom of Saudi Arabia Lecturer, Department of Civil and Commercial Litigation, Faculty of Law, Helwan University

Settlement Of Disputes Arising From Documentary Credit Under National And International Regulations, Dr. Hoda Magdy Nour

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The need Settlement of disputes arising from bank credit between national and international rules, protecting the interests of the bank and ensuring its financial rights before the debtor.

As the Bank faces different technical and legal difficulties, as well as the multiplicity of legal adaptation, we deal with the rules governing banking accreditation from the point of pleadings law, and the methods of amicable settlement of these disputes and following, and compulsory execution.

International efforts are taking the lead in establishing the technical regulation of bank accreditation and setting rules "DOCDEX" in 1997, and the 2015 amendments, which still need …


The Specificity Of Resorting To Arbitration In Financial Leasing Contracts In Palestine: A Comparative Study, Banan Tantour Mss., Dr. Amir Khalil 2022 PhD student, University of Bucharest, Romania

The Specificity Of Resorting To Arbitration In Financial Leasing Contracts In Palestine: A Comparative Study, Banan Tantour Mss., Dr. Amir Khalil

UAEU Law Journal

This study addresses the commercial arbitration in the financial leasing contracts in Palestine, and the study discusses the possibility of arbitration clause in financial leasing contracts and the importance of these clauses in such contracts in Palestine.

The study concluded that the arbitration clause is permissible in the financial leasing contracts however; there are some aspects in which arbitration are not permitted according to the Palestinian Law. The study also recommends that, the Palestinian legislator has to amend some articles in the financial leasing Act in particular article 6 of the Act and he could adopt the institutional arbitration as …


Law School News: Omshehe Wins Top National Prize With Securities Regulation Article 11-4-2022, Michael M. Bowden 2022 Roger Williams University School of Law

Law School News: Omshehe Wins Top National Prize With Securities Regulation Article 11-4-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Boba Fett, Bounty Hunters, And The Supreme Court’S Viking River Decision: A New Hope, Imre S. Szalai 2022 Loyola University New Orleans College of Law

Boba Fett, Bounty Hunters, And The Supreme Court’S Viking River Decision: A New Hope, Imre S. Szalai

Washington and Lee Law Review Online

The United States Supreme Court recently issued a fractured decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (June 15, 2022), a classic David v. Goliath clash between a worker and employer. Can arbitration agreements be used to eliminate group or representative actions brought against employers, where the plaintiff worker is serving as a bounty hunter for the State? Although the majority clearly holds that a worker’s individual claims must be sent to arbitration pursuant to a predispute arbitration agreement, the splintered opinions leave some uncertainty regarding what happens to the representative claims of the other …


Non-Satisfaction Of Pre-Arbitration Requirements: Moving Away From Conditions Precedent Towards The Admissibility Of A Claim – Nwa V Nvf, Darius CHAN, Joel SOON 2022 Singapore Management University

Non-Satisfaction Of Pre-Arbitration Requirements: Moving Away From Conditions Precedent Towards The Admissibility Of A Claim – Nwa V Nvf, Darius Chan, Joel Soon

Research Collection Yong Pung How School Of Law

In earlier cases, the non-satisfaction of pre-arbitration requirements has been analysed by the Singapore and English courts by reference to the issue of conditions precedent. It was assumed without argument that, if a requirement was construed as a condition precedent, the failure to satisfy that requirement would deprive the tribunal of jurisdiction. More recently, English and Hong Kong case law has focused on a different issue, asking whether the failure to meet the pre-arbitration requirement affects the tribunal’s jurisdiction or the admissibility of the claim. This case note analyses whether the Singapore courts should follow suit.


Peer Mediation: A New Opportunity In St. Louis City Schools, Beatrice Connaghan 2022 Saint Louis University School of Law

Peer Mediation: A New Opportunity In St. Louis City Schools, Beatrice Connaghan

SLU Law Journal Online

Mediation is often used in legal disputes, but what happens when the same process is applied to children in order to deter conflicts and avoid the need for school administration intervention? In this article, Beatrice Connaghan discusses the process of training students to become peer mediators to deter conflicts in St. Louis Schools.


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