Table Of Contents,
2019
University of Missouri School of Law
All Balls And No Strikes: The Roberts Court’S Anti-Worker Activism,
2019
University of Missouri School of Law
All Balls And No Strikes: The Roberts Court’S Anti-Worker Activism, Maria Glover
Journal of Dispute Resolution
No abstract provided.
Arbitration And Diplomacy In The South China Sea: Forging A Solution,
2019
University of Missouri School of Law
Arbitration And Diplomacy In The South China Sea: Forging A Solution, Andrew Johnson
Journal of Dispute Resolution
No abstract provided.
The Regressive Effect Of Legal Uncertainty,
2019
University of Missouri School of Law
The Regressive Effect Of Legal Uncertainty, Uri Weiss
Journal of Dispute Resolution
No abstract provided.
Apartheid And Jim Crow: Drawing Lessons From South Africa’S Truth And Reconciliation,
2019
University of Missouri School of Law
Apartheid And Jim Crow: Drawing Lessons From South Africa’S Truth And Reconciliation, Benjamin Zinkel
Journal of Dispute Resolution
No abstract provided.
The Impact Of Epic Systems In The Labor And Employment Context,
2019
University of Missouri School of Law
The Impact Of Epic Systems In The Labor And Employment Context, Lisa Gelernter
Journal of Dispute Resolution
No abstract provided.
State Legislative Update,
2019
University of Missouri School of Law
State Legislative Update, Ryan Blansett, Ashlyn Calhoun, Catherine Picht, Grant Simon
Journal of Dispute Resolution
No abstract provided.
Mediation In The Singapore Family Justice Courts: Examining The Mandatory Mediation Model Under The Judge-Led Approach,
2019
Singapore Management University
Mediation In The Singapore Family Justice Courts: Examining The Mandatory Mediation Model Under The Judge-Led Approach, Eunice Chua
Research Collection Yong Pung How School Of Law
In orderto reduce acrimony and the adversarial quality of family litigation, theSingapore family justice framework went through an overhaul in 2014. Chiefamong the changes was the creation of the Family Justice Rules (“FJR”) uniqueto the newly constituted Family Justice Courts. The FJR are meant to reflect anew judicial philosophy for family law disputes, with a “judge-led” approachmandated by Rule 22 of the FJR. As part of the directions a court may give inthe exercise of this “judge-led” approach, Rule 22(3)(a) introduces a new,express power for the court to direct that parties attend mediation orcounselling. This paper seeks to examine the …
Expanding The Scope Of Dispute Resolution And Access To Justice,
2019
Singapore Management University
Expanding The Scope Of Dispute Resolution And Access To Justice, Masood Ahmed, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This note considers recent civil justice reforms in England and Singapore in enhancing the role of ADR, in particular mediation, as a means of increasing access to justice. The English and Singaporean civil justice reforms reflect the continual efforts to encourage the greater utilisation of ADR for appropriate cases. The current range of mechanisms may be charted along a “continuum of madatoriness”, ranging from compulsory attendance at mediation orientation sessions; the utilisation of costs sanctions; having an opt-out system; and mandating mediation with no exemptions. However, the English and Singaporean experiences illustrate some of the drawbacks in penalising parties for …
An Asian View On The Ceta Investment Chapter,
2019
Singapore Management University
An Asian View On The Ceta Investment Chapter, Locknie Hsu
Research Collection Yong Pung How School Of Law
The Canada-EU Free Trade Agreement (CETA) has been completed and awaits ratification against a backdrop of global economic uncertainty. The Trans-Pacific Partnership Agreement (TPP), which includes five Asian parties among its signatories, has lost the support of the United States and its fate is uncertain as well. The CETA is significant for Asian countries given that one of its parties -- the EU -- has signalled strongly that it wishes to negotiate a number of free trade agreements in the Asian region. The agreement offers valuable insight into the thinking of the EU in terms of investment protection guarantees, its …
The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution,
2019
Singapore Management University
The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution, Eunice Chua
Research Collection Yong Pung How School Of Law
On 26 June 2018, the UnitedNations Commission on International Trade Law (UNCITRAL) approved, largelywithout modification, the final drafts of the Convention on International SettlementAgreements Resulting from Mediation (the Singapore Convention) and amendmentsto the Model Law on International Commercial Mediation prepared by WorkingGroup II. These instruments aim to promote the enforceability of internationalcommercial settlement agreements reached through mediation in the same way thatthe New York Convention facilitates the recognition and enforcement ofinternational arbitration awards. This paper provides a critical analysis of theSingapore Convention and some commentary from an Asian perspective.
Promises Unfulfilled: How Investment Arbitration Tribunals Mishandle Corruption Claims And Undermine International Development,
2019
University of Michigan Law School
Promises Unfulfilled: How Investment Arbitration Tribunals Mishandle Corruption Claims And Undermine International Development, Andrew T. Bulovsky
Michigan Law Review
In recent years, the investment-arbitration and anti-corruption regimes have been in tension. Investment tribunals have jurisdiction to arbitrate disputes between investors and host states under international treaties that provide substantive protections for private investments. But these tribunals will typically decline to exercise jurisdiction over a dispute if the host state asserts that corruption tainted the investment. When tribunals close their doors to ag-grieved investors, tribunals increase the risks for investors and thus raise the cost of international investment. At the same time, the decision to decline jurisdiction creates a perverse incentive for host states to turn a blind eye to …
Improving Employer Accountability In A World Of Private Dispute Resolution,
2019
University of Michigan Law School
Improving Employer Accountability In A World Of Private Dispute Resolution, Hope Brinn
Michigan Law Review
Private litigation is the primary enforcement mechanism for employment discrimination laws like Title VII, the Americans with Disabilities Act, and many related state statutes. But the expansion of extrajudicial dispute resolution—including both arbitration and prelitigation settlement agreements—has compromised this means of enforcement. This Note argues that state-enacted qui tam laws can revitalize the enforcement capacity of private litigation and provides a roadmap for enacting such legislation.
Shots Fired: Digging The Uniformed Services Employment And Reemployment Rights Act Out Of The Trenches Of Arbitration,
2019
University of Michigan Law School
Shots Fired: Digging The Uniformed Services Employment And Reemployment Rights Act Out Of The Trenches Of Arbitration, Lisa Limb
Michigan Law Review
The Uniformed Services Employment and Reemployment Rights Act (USERRA) was enacted to protect servicemembers from discrimination by civilian employers and to provide servicemembers with reemployment rights. Recent circuit court decisions, however, have maimed these protections by ruling that mandatory arbitration is permissible under USERRA. This Note argues that such rulings conflict with USERRA’s plain language, statutory structure, and purpose. Ultimately, in light of strong public policy considerations, this Note contends that mandatory arbitration should not be permissible under USERRA and proposes that Congress amend the Act to explicitly prohibit arbitration.
Online Dispute Resolution For Smart Contracts,
2019
University of Missouri School of Law
Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule
Faculty Publications
Smart contracts built in the blockchain are quietly revolutionizing traditional transactions despite their questionable status under current law. At the same time, disputes regarding smart contracts are inevitable, and par-ties will need means for dealing with smart contract issues. This Article tackles this challenge, and proposes that parties turn to online dispute resolution (“ODR”) to efficiently and fairly resolve smart contract disputes. Furthermore, the Article acknowledges the benefits and challenges of current blockchain ODR start-ups, and proposes specific ideas for how designers could address those challenges and incorporate ODR to provide just resolutions that will not stymie efficiencies of smart …
The Hague Rules On Business And Human Rights Arbitration,
2019
University of Michigan Law School
The Hague Rules On Business And Human Rights Arbitration, Bruno Simma, Diane Desierto, Martin Doe Rodriguez, Jan Eijsbouts, Ursula Kriebaum, Pablo Lumerman, Abiola Makinwa, Richard Meeran, Sergio Puig, Steven Ratner, Giorgia Sangiuolo, Martijn Scheltema, Anne Van Aaken, Katerina Yiannibas
Other Publications
The Hague Rules on Business and Human Rights Arbitration provide a set of procedures for the arbitration of disputes related to the impact of business activities on human rights. The Hague Rules are based on the Arbitration Rules of the United Nations Commission on International Trade Law (with new article 1, paragraph 4, as adopted in 2013) (the “UNCITRAL Rules”), with modifications needed to address certain issues likely to arise in the context of business and human rights disputes. Each article is accompanied by a commentary, which includes background on the drafting of various provisions in the Rules, explaining in …
When Forum Selection Clauses Meet Choice Of Law Clauses,
2019
Roger Williams University School of Law
When Forum Selection Clauses Meet Choice Of Law Clauses, Tanya Monestier
Law Faculty Scholarship
No abstract provided.
Required, Permissible, And Impermissible Forms Of Federal Judicial Assistance To Self-Represented Litigants: Toward Establishment Of A Judicial Duty Of Reasonable Assistance,
2019
Loyola University Chicago
Required, Permissible, And Impermissible Forms Of Federal Judicial Assistance To Self-Represented Litigants: Toward Establishment Of A Judicial Duty Of Reasonable Assistance, Jona Goldschmidt
Cardozo Journal of Equal Rights & Social Justice
The article examines the evolving role of judicial assistance to self-represented litigants (SRLs) in federal courts, arguing that while the Supreme Court has maintained a strict no-assistance policy, lower courts have increasingly recognized the need for accommodations to ensure fair trials. The author advocates for a more consistent and expansive approach to judicial assistance, aligning with due process and the constitutional right to self-representation, while emphasizing the importance of maintaining judicial impartiality.
The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution,
2019
Singapore Management University
The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution, Eunice Chua
Research Collection Yong Pung How School Of Law
On 26 June 2018, the UnitedNations Commission on International Trade Law (UNCITRAL) approved, largelywithout modification, the final drafts of the Convention on International SettlementAgreements Resulting from Mediation (the Singapore Convention) and amendmentsto the Model Law on International Commercial Mediation prepared by WorkingGroup II. These instruments aim to promote the enforceability of internationalcommercial settlement agreements reached through mediation in the same way thatthe New York Convention facilitates the recognition and enforcement ofinternational arbitration awards. This paper provides a critical analysis of theSingapore Convention and some commentary from an Asian perspective.
Wto Dispute Settlement: Can We Go Back Again?,
2019
Duke Law School
Wto Dispute Settlement: Can We Go Back Again?, Rachel Brewster
Faculty Scholarship
The world's twenty-year experiment with a rule-based international trading order is most likely ending. Trade wars are raging again for the first time in two decades as World Trade Organization (WTO) members unilaterally impose and counterimpose sanctions. In Geneva, the WTO Appellate Body, whose existence is essential to the functioning of the WTO Dispute Settlement Understanding (DSU), is on a trajectory to shut down in December 2020. For all the fireworks, however, many commentators retain an optimism that the recent events will be a passing phase and that the world will return to a more law-oriented trading system after the …
