Dispute Resolution and Arbitration Commons^™

A Conversation With Professor William W. (Rusty) Park, William W. Park

Faculty Scholarship

ABBY COHEN SMUTNY*: The ITA’s Academic Council has an interesting and very useful project, which is called Preserving Perspectives. It is a project to interview leading arbitrators regarding the development and evolution of international arbitration. This has led to a series of wonderful videos that are posted on ITA’s website. These videos are a tremendously rich resource and I encourage you to check them out on ITA’s website.

I’m now delighted to introduce to you the next interview in this important series. Professor and member of our academic council Catherine Rogers will be interviewing Professor Rusty Park, and …

How Can Practitioners Help Clients Assess Their Interests And Risks In Litigation?, John Lande

Faculty Blogs

This post summarizes the discussion at a Quinnipiac-Yale Dispute Resolution Workshop. It highlights some practical ideas that the audience suggested about clients’ interests, timing of discovery and mediation, possible trial outcomes, legal fees, consequences of litigation, and decision fatigue in “marathon mediations.”

We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman

Indiana Journal of Constitutional Design

In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these …

Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux

Seattle University Law Review

This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.

C-Drum News, Fall 2018

The C-DRUM News

No abstract provided.

Kukin Program Newsletter – Fall 2018, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Fall 2018 celebrates the achievements and recent activities of the Kukin Program, including faculty updates and notable events. Highlights include Professor Lela Porter Love’s recognition as a top global thought leader in mediation, an in-depth program on the repeal of "Don't Ask, Don't Tell" featuring insights from Colonel Linell A. Letendre, and Leymah Gbowee’s International Advocate for Peace Award. Professor Donna Erez-Navot shares her expertise in mediation for estate disputes, and there’s a spotlight on impactful alumni and faculty contributions, including recent publications and student successes.

The New York Convention: A Self-Executing Treaty, Gary B. Born

Michigan Journal of International Law

The thesis of this Article is that uncertainty regarding the Convention’s status as a self-executing treaty of the United States is unwarranted and unfortunate. Instead, both the Convention’s provisions for recognition and enforcement of arbitration agreements (in Article II) and of arbitral awards (in Articles III, IV, V, and VI) should be regarded as self-executing and directly applicable in U.S. (and other national) courts. As discussed in detail below, this is because Article II establishes mandatory, complete, and comprehensive substantive rules, directed specifically to national courts, for the recognition and enforcement of international arbitration agreements. Likewise, the history and purposes …

International Dispute Resolution: International Commercial Arbitration: 2018-19, Hugh Meighen

Osgoode Course Casebooks

Course number: 3007D.03

The Uncertain Status Of The Manifest Disregard Standard One Decade After Hall Street, Stuart M. Boyarsky

Dickinson Law Review (2017-Present)

The Federal Arbitration Act (FAA) enables parties to obtain quick and final resolution to disputes without incurring the costs, delays, and occasional publicity of litigation. Indeed, section 10 of the FAA enumerates four specific grounds on which courts may vacate arbitral awards: corruption, fraud, impartiality, and misconduct or incompetence. Yet over the past 60 years, a debate has raged over the existence of an additional ground: the arbitrator’s manifest disregard of the law.

The Supreme Court first enounced this standard in dicta in its 1953 decision in Wilko v. Swan. Over next four decades, every federal circuit court slowly …

The Scope Of Party Autonomy In International Commercial Contracts: A New Dawn?, Akinwumi Olawuyi Ogunranti

LLM Theses

Transnational contracts are almost inevitable in the world today. It follows that a system of law must govern the resolution of disputes that arise from the contracts. The freedom of parties to choose a law that regulates transnational contracts is recognized by most countries as party autonomy. However, the extent of this autonomy has been controversial. This thesis unravels the controversy surrounding the doctrine of party autonomy and, more importantly, provides another perspective to the argument – that the application and scope of party autonomy in countries is determined by historical, colonial, economic, and religious factors. It uses this as …

An Interview On Scholar-Practitioner-Profile With Prof. Nadja Alexander, Gläßer Ulla, Nadja Alexander

Research Collection Yong Pung How School Of Law

The following interview with Prof. Dr. Nadja Alexander (Academic Director of the Singapore International Dispute Resolution Academy, Singapore Management University, and practicing mediator) is the prelude to a Interview series (see Gläßer, ZKM 2018, 97 ff., in this issue), in which experts from different countries who shape the professional life as scholar-practitioners in the field of mediation / ADR are presented. Das nachfolgende Gespräch mit Prof. Dr. Nadja Alexander (Academic Director der Singapore International Dispute Resolution Academy, Singapore Management University, und praktizierende Mediatorin) bildet den Auftakt einer Interview-Serie (s. Gläßer, ZKM 2018, 97 ff., in diesem Heft), in der Expertinnen …

Singapore Case Note: What Happens When A Party To An Msa Has A Change Of Heart?, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

Hot off the press, the case of Chan Gek Yong v Violet Netto (practising as L F Violet Netto) and another and another matter [2018] SGHC 208 (‘Violet Netto’) decided by the Singapore High Court provides us with clues as to the Court’s general attitude towards mediation and mediated settlement agreements (‘MSAs’). It is useful to reflect on the Singapore Court’s attitude towards mediation in light of the introduction of the Singapore Mediation Act (No. 1 of 2017) – which has been in effect since 1 November 2017 – and the emergence of the draft Singapore Convention on Mediation, which …

Economic Crises And Foreign Investors: Between Necessity And Reparation, Suha Ballan

Cardozo International & Comparative Law Review

The article critiques the current investor-state arbitration system for its reliance on private law analogies, which often results in all-or-nothing outcomes unsuitable for addressing economic crises. It advocates for integrating public law remedies into the system to better balance corrective justice with broader economic stability and context. The analysis highlights the limitations of the necessity defense in international law and proposes alternative approaches, such as mandatory insurance and fund allocation models, to address these challenges more effectively.

Siac-Simc's Arb-Med-Arb Protocol, Aziah Hussin, Claudia Kuck, Nadja Alexander

Research Collection Yong Pung How School Of Law

In conjunction with its launch on 5 November 2014, the Singapore International MediationCentre (SIMC), in collaboration with the Singapore International Arbitration Centre (SIAC), introduced the Arbitration-Mediation-Arbitration (Arb-Med-Arb) Protocol (the AMA Protocol), aprocess that aims at combining the benefits of these two most prominent alternative dispute resolution tools.

Can Mediation Survive In A World Of Trumpian Negotiators? Thought Provoking - New Thinking, Nadja Alexander

Research Collection Yong Pung How School Of Law

Berkaca pada implementasi Konvensi New York yang terbilang sukses memudahkan eksekusi putusan arbitrase, maka eksekusi aset hasil perjanjian mediasi melalui Singapore Mediation Convention bukanlah hal yang mustahil.

Is Article 16(3) Of The Model Law A ‘One-Shot Remedy’ For Non-Participating Respondents In International Arbitrations?, Darius Chan

Research Collection Yong Pung How School Of Law

It is not uncommon for practitioners acting for claimants in an arbitration to encounter a respondent who chooses to boycott the arbitral process. In cases involving such “non-participating” respondents, what are the rights and obligations of each party? Specifically, insofar as Model Law jurisdictions are concerned, if a tribunal decides on jurisdiction as a preliminary issue must the non-participating respondent apply under Article 16(3) of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) to the curial Court to review that decision, or otherwise lose the right to challenge any eventual award thereafter on jurisdictional grounds? Can the non-participating …

Reducing The Cost And Increasing The Efficiency Of Resolving Commercial Disputes, John S. Kiernan

Cardozo Law Review

No abstract provided.

The Virtues Of Complexity: Judge Marrero's Systemic Account Of Litigation Abuse, Charles M. Yablon

Cardozo Law Review

No abstract provided.

The Narrative Of Costs, The Cost Of Narrative, Alexander A. Reinert

Cardozo Law Review

In this Article, I will highlight some of my concerns, but they boil down to this: in terms of diagnosis, I am simply not convinced that Judge Marrero has compellingly demonstrated that in the run of cases, our procedural rules are being abused in ways that undermine justice and increase cost and inefficiencies. In part, this is a data-driven critique-there is little empirical support for the proposition that our procedural system is too costly in most cases. But my critique is also an attitudinal one. Judge Marrero makes much of the extent to which litigants fail-claims that are dismissed, motions …

Judge Victor Marrero's Challenge To The Legal Profession: A "Little Rebellion Now And Then", John D. Feerick

Cardozo Law Review

No abstract provided.