Dispute Resolution and Arbitration Commons^™

Revisiting “Mandatory Mediation: An Oxymoron?” Advancing Access To Civil Justice Through Mandatory Adr, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Access to civil justice, a concept integral to the rule of law, has been an enduring concern in many countries. One prominent strategy to enhance access to civil justice entails the use of alternative dispute resolution (ADR) methods prior to court adjudication. In this regard, efforts to embed ADR within the court system have intensified in both England and Wales and Singapore. In Singapore, the parties have a duty to consider ADR prior to and during civil proceedings. More significantly, the courts have been empowered to order parties to attempt ADR. In a similar vein, the English Court of Appeal …

Tackled By The Federal Legislature?: Flaws In Nfl Arbitration Policies Highlighted By Proposed Ending Forced Arbitration Of Race Discrimination Act Of 2023, Brandan Parks

Arbitration Law Review (2009 - Present)

No abstract provided.

Foreword

Arbitration Law Review (2009 - Present)

No abstract provided.

An Attempt To Limit "Forced Arbitration": Chamber Of Commerce Of The U.S. V. Bonta, Madison Soraino

Arbitration Law Review (2009 - Present)

No abstract provided.

The Environment Through The Lens Of International Courts And Tribunals, Sean Speers

Arbitration Law Review (2009 - Present)

No abstract provided.

Characterizing A Violation Of International Public Policy: How Has France Changed The Review Of Awards, Chris Proano

Arbitration Law Review (2009 - Present)

No abstract provided.

Artificial Intelligence & Finra Arbitration Awards: Utilizing Ai And Arbitral Analytics To Uncover Finra Arbitration Award Patterns, Benjamin Davies

Arbitration Law Review (2009 - Present)

No abstract provided.

Arbitration In Higher Education Faculty Employment Contracts: A Tool For Protecting Academic Freedom, Morgan E. Milhollen

Arbitration Law Review (2009 - Present)

No abstract provided.

Zen Body, Zen Mind: Can A Law Student Learn Mediation In Law School?, Vanessa Kubota

Arbitration Law Review (2009 - Present)

No abstract provided.

The Ninth Circuit Continues The Federal Jurisprudence Regarding Vacatur Under The Convention: A Comment On Hayday Farms, Inc. V. Feedx Holdings, Inc., Grant M. Knepper

Arbitration Law Review (2009 - Present)

No abstract provided.

South Korea's Pathway To Third-Party Funding In Arbitration: Learning From Gradual Approaches, Nayoung Park

Arbitration Law Review (2009 - Present)

No abstract provided.

Table Of Contents

Arbitration Law Review (2009 - Present)

No abstract provided.

Power In A Construction Hat: A Comment On United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipe Fitting Indus. Of The United States & Can. V. Gemma Power Sys., Avery Israel

Arbitration Law Review (2009 - Present)

No abstract provided.

The Legal Acrobatics Of Dealing With International Arbitral Awards Rendered In The United States, Damon R. Duchenne

University of Miami Law Review

International arbitration has become a preferred method for resolving cross-border commercial disputes, largely due to its efficiency and flexibility compared to traditional court litigation. However, the post-award phase, particularly the process of vacating or enforcing arbitral awards, presents significant complexities, especially in the United States. Despite the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) guiding the international recognition and enforcement of arbitral awards, the U.S. has introduced an anomaly by categorizing certain awards rendered within its jurisdiction as “nondomestic,” subjecting them to the Convention’s framework. This has led to confusion regarding whether such awards are …

Arbitration As An Alternative To Judicial Settlement: Some Selected Perspectives, Mashall E. Lippman

Maine Law Review

The increasing interest in arbitration as a means of judicial reform has been largely due to the fact that arbitration provides a forum for dispute settlement apart from the traditional judicial system. In other words, arbitration is regarded as a useful reform measure primarily because it affords potential litigants a forum other than the already over-burdened courts. Little consideration has been given to the possibility that in some areas arbitration may in fact be both a better forum and a better method of resolving disputes than the traditional judicial system. This article will discuss three areas, areas which are susceptible …

No Lawyer, No Jail: A Critical Case Study Of Pragmatism And The Flaws Of “Purposeful” Decision Making In Argersinger V. Hamlin, Alisa Smith, Sarah K. Stice

Seattle University Law Review

By releasing conference notes and internal communications, Supreme Court Justices provide insight into the otherwise private decisionmaking process, shedding light on how case outcomes and legal reasoning are framed and negotiated. The watershed case of Argersinger v. Hamlin (1972) extended the constitutional right to counsel to some, but not all, misdemeanor defendants. The case was argued twice, and the Court relied on empirical and authoritative sources to answer complex and practical questions about requiring counsel. This case study employs critical discourse analysis to uncover what influenced the Justices’ decisions and how they framed, shaped, and constructed social realities to foreground …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

The Race To Erase: Destruction Of Government Documents Undermines Freedom-Of-Information Laws, Frank D. Lomonte

Seattle University Law Review

In August 2019, reporters with Chattanooga’s daily newspaper, the Times Free Press, filed what seemed to be a routine request for access to emails and other public records held by their local county government. The seemingly unremarkable request set the newspaper’s staff on a months-long journey of unpleasant surprises. The first was a demand to pay the county $717 in advance before being allowed to inspect the documents. The second was that—during prolonged haggling over the fee assessment— the county attorney’s office simply destroyed almost all of the disputed records. Third, and most glaringly, the journalists discovered that Tennessee law …

When You’Re Arrested For A Felony In Seattle, You’Ll Meet Me., Austin Field

Seattle University Law Review

In this Essay, Austin Field, a practicing public defender, uses a first-person perspective to describe what it is like to meet a criminal defendant for the first time. He explains the process from start to finish, detailing everything from the way he introduces himself to how bail works.

"I’ll ask you for your name. Most of the time, you tell me. I check your name against my list. On any given day I’m supposed to interview between five and fifteen people. I have a lot of questions for you. We only have about ten minutes."

The Public Square In A Private-Property Obsessed Country: What New York City’S Pops Regulations Get Right And Why Other Cities Should (Mostly) Copy Them, Carson Mcgregor

Seattle University Law Review

When New York City (NYC) was first becoming the metropolitan monolith it is today, it had a problem: the city streets were chock full of skyscrapers, and sunlight, air, and usable open space were at a premium. In response, the City promulgated its first Privately Owned Public Spaces (POPS) regulations, which allowed developers to build skyward in exchange for providing public space on the street level. Unfortunately, in July of 2023, the New York Times (NYT) discovered that New Yorkers received only a fraction of what they were promised. Building owners received billions of dollars’ worth of added floor space, …