Dispute Resolution and Arbitration Commons^™

The Path Towards Defining “Investment” In Icsid Investor-State Arbitrations: The Open-Ended Approach, Melissa María Valdez García

Pepperdine Dispute Resolution Law Journal

Article 25 of the International Convention on the Settlement of Investment Disputes left the notion of “investment” intentionally undefined, thus leaving its interpretation in the hands of arbitration tribunals, which has led to inconsistencies, confusion and debate regarding the true essence of what may appear as a routine concept. This article tries to explain that the proper meaning of “investment” under the Convention must be clarified not only by discussing the drafting history of the Convention, but by also examining doctrinal tendencies, key aspects of corresponding arbitration awards and customary international law and argues that arbitration tribunals should show strong …

Arbitration And Protection Under The Un Convention Against Torture And Other Cruel, Inhuman, Degrading Treatment, Or Punishment, Nicole M. Hogan

Pepperdine Dispute Resolution Law Journal

This article will discuss the UN Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention”), and how arbitration can be used to best serve victims who were subjected to treatment that is prohibited under the Convention. Part II will give a background on the Convention. Part III will introduce the arbitration provision that is included in Article 30 of the Convention, which is important to the foundation of this article. Additionally, this section will discuss how arbitration works as an Alternative Dispute Resolution procedure, and will highlight some of the benefits of arbitration over litigation. Part …

Dangerous Or Benign Legal Fictions, Cognitive Biases, And Consent In Contract Law, Chunlin Leonhard

St. John's Law Review

(Excerpt)

Building on existing scholarship on legal fictions and empirical psychological research about human decision making processes, this Article offers a systematic approach to distinguishing a dangerous legal fiction from a benign one.

This Article begins by summarizing scholarly discussions about legal fictions in general, courts’ typical uses of legal fiction, and more general concerns with legal fictions. Part II of the Article summarizes scientific findings about how humans think and what our common cognitive biases are. It then explains how findings regarding the human decision-making process may shed light on why certain legal fictions can be dangerous. This Section …

Confusing Dispute Resolution Jargon, John M. Lande

Faculty Blogs

Decision trees enable people to assign probabilities to various contingencies and produce expected values for uncertain events.

Collaborating For Transformation, Marjorie A. Silver

Journal of Experiential Learning

No abstract provided.

Mediation And Millennials: A Dispute Resolution Mechanism To Match A New Generation, Shawna Benston, Brian Farkas

Journal of Experiential Learning

No abstract provided.

Economic, Social And Cultural Rights In The Context Of The Peace Process With The Cpp-Npa-Ndfp: Issues And Concerns, Sedfrey M. Candelaria

Ateneo School of Law Publications

The peace process between the Government of the Republic of the Philippines (GRP) and the Communist Party of the Philippines-New People’s Army-National Democratic Front of the Philippines (CPP-NPA-NDFP) was formally opened in 1995 in Brussels, Belgium. While several agreements have been signed between the GRP and the CPP-NPA-NDFP since then, only one major substantive agreement, i.e., the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) has been accomplished. Under the Hague Declaration of 1992, three (3) more substantive agreements are necessary to achieve a just and lasting peace, namely: (a) Comprehensive Agreement on SocioEconomic Reforms (CASER); …

There's An "App" For That: Developing Online Dispute Resolution To Empower Economic Development, Amy J. Schmitz

Faculty Publications

Traditionally, litigation has been the norm for resolving disputes. It takes place in a public forum and face-to-face. In a global economy, however, such public and face-to-face dispute resolution is not feasible. This is especially true with cross-border purchases through e-commerce. E-commerce requires more efficient and less litigious remedy systems that allow consumers to obtain remedies on their purchases without the cost and travel associated with traditional face-to-face procedures. This has led to development of online dispute resolution (“ODR”) processes, especially with respect to business-to-consumer contracts. Accordingly, scholarship and policy papers have advanced ODR for the benefit of consumers. What …

Protecting Consumer Data Privacy With Arbitration, Erin O'Hara O'Connor

Scholarly Publications

No abstract provided.

The New Settlement Tools, Bernard Chao, Christopher Robertson, David Yokum

Sturm College of Law: Faculty Scholarship

By protecting the right to a jury, the state and federal constitutions recognize the fundamental value of having civil and criminal disputes resolved by laypersons. Actual trials, however, are relatively rare, in part because parties seek to avoid the risks and cost of trials and courts seek to clear dockets efficiently. But as desirable as settlement may be, it can be a difficult way to resolve a dispute. Parties view their cases from different perspectives, and these perspectives often cause both sides to be overly optimistic and to expect unreasonably large or unreasonably small resolutions.

This article describes a novel …

Communitarianism And The Roberts Court: The Sequel, Robert M. Ackerman, Adam G. Winn

Law Faculty Research Publications

No abstract provided.

The Evolving Korean Statutory Law On Arbitration, Eunok Park

SJD Dissertations

The Republic of Korea (Korea) is one of the countries the economy of which has developed rapidly over the past four decades. According to the World Bank, in 2016, Korea had the world’s eleventh-largest economy and was in eighth place in the world for trade. Considering its land mass, population, and natural resources, it is amazing how fast and big the Korean economy has developed. In the 1980s, Korea was known as one of the “Asian Dragons” along with Taiwan, Hong Kong, and Singapore. All these countries were believed to have great economic potential and the possibility for development. Among …

Corruption In International Commercial Arbitration: Arbitrability, Admissibility & Adjudication, Deeksha Malik, Geetanjali Kamat

Arbitration Brief

No abstract provided.

Can The Language Of The Trans-Pacific Partnership Still Contribute To The International Investment System? An Analysis Of Tpp's Language Regarding States' Powers To Regulate, Yurica Ramos Montes

Arbitration Brief

No abstract provided.

Get Off The Courts: Using Adr Principles To Resolve High School Sport Disputes, Dominic D. Saturday, Amanda M. Siegrist, William A. Czekanski

Marquette Sports Law Review

None

2017 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Katherine Hampel

Marquette Sports Law Review

None

Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

None

When Contractual Good Faith Meets A Controversial M&A Issue: The Sandbagging Practice In International Arbitration, Maxime Panhard

The International Lawyer

No abstract provided.

Mending The Wound Or Pulling It Apart? New Proposals For International Investment Courts And Fragmentation Of International Investment Law, Jaemin Lee

Northwestern Journal of International Law & Business

Robust discussions on standing investment courts are currently taking place at various fora. In particular, negotiations to include bilateral investment courts in IIAs are in full swing and leading to the creation of such courts. On the other hand, negotiation for a multilateral investment court has yet to start. Even if negotiation begins, it is not clear how long it will take and whether it will indeed lead to a successful conclusion. As such, for a significant amount of time in the future, it is bilateral investment courts that states administer to resolve investment disputes. Bilateral investment courts, however, will …

Gender And Justice In Family Law Disputes: Women, Mediation, And Religious Arbitration, Amelia K. Philips

Arbitration Law Review (2009 - Present)

No abstract provided.