Mediation Across Borders,
2016
Singapore Management University
Mediation Across Borders, Eunice Chua, Jolene Goh
Research Collection Yong Pung How School Of Law
Mr L is the director of InVisions, alarge Indonesian manufacturer providing top-of-the-range camera components toMK Pte Ltd, a Korean-headquartered mobile phone manufacturer. Mr K, who is anative Korean, is the General Manager of the company’s regional office based inThailand and manages the deals involving InVisions. The business relationshipis a lucrative one and both companies have had generally good relations since2003. Annual profits for InVision arising from sales to MK amounted to US$2.3million last year while the sales of MK’s mobile phones that are installed withInVision’s cameras reaped them a profit of US$3.5 million in the same period.During discussions for a …
A Comprehensive Theory Of Civil Settlement,
2016
University of Michigan Law School
A Comprehensive Theory Of Civil Settlement, J. J. Prescott, Kathryn E. Spier
Articles
A settlement is an agreement between parties to a dispute. In everyday parlance and in academic scholarship, settlement is juxtaposed with trial or some other method of dispute resolution in which a third-party factfinder ultimately picks a winner and announces a score. The “trial versus settlement” trope, however, represents a false choice; viewing settlement solely as a dispute-ending alternative to a costly trial leads to a narrow understanding of how dispute resolution should and often does work. In this Article, we describe and defend a much richer concept of settlement, amounting in effect to a continuum of possible agreements between …
Of Temples And Territory: The Icj's Preah Vihear Decision And Implications For Regional Dispute Resolution,
2016
University of the District of Columbia School of Law
Of Temples And Territory: The Icj's Preah Vihear Decision And Implications For Regional Dispute Resolution, Sally Tyler
University of the District of Columbia Law Review
Occupying a mere 4.6 kilometers on the frontier betweenThailand and Cambodia, the temple of Preah Vihear maintains secondary importance in the pantheon of ancient Khmer architecture to the more celebrated complex at Angkor. Even so, it has been the source of tremendous conflict throughout the 20th and 21st centuries. This conflict claimed the lives of both civilians and soldiers in 2011, and forced the dislocation of tens of thousands of villagers. Encompassing questions of cultural heritage and border demarcation, Preah Vihear has grown as a symbol of identity and self-direction within both Thailand and Cambodia. The 1962 International Court of …
Newsroom: Can Court 'Restore Fundamental Liberties'? 03-23-2016,
2016
Roger Williams University School of Law
Newsroom: Can Court 'Restore Fundamental Liberties'? 03-23-2016, Sheldon Whitehouse, David A. Logan
Life of the Law School (1993- )
No abstract provided.
Reflections On “Innovations In Family Dispute Resolution”,
2016
University of Maryland School of Law
Reflections On “Innovations In Family Dispute Resolution”, Deborah Thompson Eisenberg
Maryland Law Review Online
No abstract provided.
Moving Family Dispute Resolution From The Court System To The Community,
2016
University of Maryland School of Law
Moving Family Dispute Resolution From The Court System To The Community, Jane C. Murphy, Jana B. Singer
Maryland Law Review Online
No abstract provided.
Moving Family Dispute Resolution From The Court System To The Community,
2016
University of Baltimore School of Law
Moving Family Dispute Resolution From The Court System To The Community, Jane C. Murphy, Jana B. Singer
All Faculty Scholarship
Over the past three decades, there has been a significant shift in the way the legal system approaches and resolves family disputes. Mediation, collaboration, and other non-adversarial processes have replaced a traditional, law-oriented adversarial regime. Until recently, however, reformers have focused largely on the court system as the setting for innovations in family dispute resolution. But our research suggests that courts may not be the best places for families to resolve disputes, particularly disputes involving children. Moreover, attempting to turn family courts into multi-door dispute resolution centers may detract from their essential role as adjudicators of last resort and forums …
How To Screen For Success In Employment Law Cases,
2016
Touro University Jacob D. Fuchsberg Law Center
How To Screen For Success In Employment Law Cases, Robert M. Rosen
Touro Law Review
No abstract provided.
Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest,
2016
Touro Law School
Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff
Touro Law Review
No abstract provided.
Cognition And Common Sense In Contract Law,
2016
Touro University Jacob D. Fuchsberg Law Center
Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel
Touro Law Review
No abstract provided.
Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians,
2016
Touro University Jacob D. Fuchsberg Law Center
Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley
Touro Law Review
No abstract provided.
Common Sense And Contract Law: Fear Of A Normative Planet?,
2016
Touro University Jacob D. Fuchsberg Law Center
Common Sense And Contract Law: Fear Of A Normative Planet?, Thomas Joo
Touro Law Review
No abstract provided.
Newsroom: Ap: Chung On 38 Studios Settlement 03-14-2016,
2016
Associated Press
Newsroom: Ap: Chung On 38 Studios Settlement 03-14-2016, Michelle R. Smith, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Fake Arbitration: Why Florida's Nonbinding Arbitration Procedure Is Not Arbitration Within The Scope Of The Federal Arbitration Act,
2016
University of Florida Levin College of Law
Fake Arbitration: Why Florida's Nonbinding Arbitration Procedure Is Not Arbitration Within The Scope Of The Federal Arbitration Act, Andrew Daechsel
Florida Law Review
Does the Federal Arbitration Act (FAA) govern Florida’s nonbinding arbitration procedure? At present, this question is unresolved. As its name suggests, the FAA generally governs arbitration agreements. But the FAA does not define “arbitration,” and the U.S. Courts of Appeals have different standards for what constitutes arbitration under the FAA. This Note discusses those different standards and argues that the Eleventh Circuit provides the most logical test for determining whether a particular dispute resolution procedure is FAA arbitration. Finally, this Note argues that, under the Eleventh Circuit’s standard, Florida’s nonbinding arbitration procedure is not FAA arbitration.
Impact Preemption: A New Theory Of Federal Arbitration Preemption,
2016
University of Nebraska College of Law
Impact Preemption: A New Theory Of Federal Arbitration Preemption, Kristen M. Blankley
Florida Law Review
The United States Supreme Court has expanded its arbitration preemption jurisprudence to unprecedented and unexplained bounds, ultimately creating a new type of preemption, herein coined “impact preemption.” As applied by the Court, the scope of impact preemption is broader than even field preemption. The future policy implications of impact preemption are significant. Impact preemption shifts the balance of regulatory power in the dual federal–state arbitration system toward the federal courts and away from state regulatory authorities, contrary to the language and legislative history of the Federal Arbitration Act (FAA). In addition, impact preemption has the potential to undermine the stability …
Periodic Review In Natural Resource Contracts,
2016
University of Melbourne
Periodic Review In Natural Resource Contracts, Jacky Mandelbaum, Salli Anne Swartz, John Hauert
Columbia Center on Sustainable Investment Staff Publications
Periodic contract review mechanisms, which are provisions in contracts that formally require parties to meet at particular intervals to review the terms of the contract, are mechanisms that may facilitate the process of negotiating contractual changes to accommodate changing circumstances over the term of extractive industries contracts. Through the review of existing extractive industries agreements, this article considers how such review mechanisms have been incorporated into existing contracts and the use of such mechanisms as a tool for maintaining good relationships between the parties. In addition, the article suggests a new approach to the drafting of these mechanisms by negotiating …
Emerging Practices In Community Development Agreements,
2016
Columbia Law School
Emerging Practices In Community Development Agreements, Jennifer Loutit, Jacqueline Mandelbaum, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
Community Development Agreements (CDAs) have the potential to facilitate the delivery of tangible benefits from large-scale investment projects, such as mines or forestry concessions, to affected persons and communities. To be effective, however, CDAs must be adapted to the local context, meaning that no single model agreement or process will be appropriate in every situation. Nonetheless, leading practices are emerging which can be required by governments, voluntarily adopted by companies, and demanded by communities. These practices are grounded in ensuring that all parties are sufficiently informed, capacitated, and prepared to engage in meaningful negotiations regarding how the investor’s operations should …
The Resolution Of Disputes Before The Singapore International Commercial Court,
2016
Singapore Management University
The Resolution Of Disputes Before The Singapore International Commercial Court, Man Yip
Research Collection Yong Pung How School Of Law
The jurisdictional framework of the Singapore courts has become more nuanced with the establishment of the Singapore International Commercial Court (SICC) on 5 January 2015 and the signing of the Hague Convention on the Choice of Court Agreements 2005 (Hague Convention) on 25 March 2015. Although the Hague Convention has yet to be incorporated in domestic law, it is expected this will happen in the near future. The SICC project, on the other hand, is part of Singapore's strategy to promote the jurisdiction as an international dispute resolution hub. In essence, the SICC is a domestic specialist court established to …
Mind The Gap,
2016
Brigham Young University Law School
Stopping The Madman: Lessons From The Kaesong Industrial Complex,
2016
Pepperdine University
Stopping The Madman: Lessons From The Kaesong Industrial Complex, Sei Hee Park
Pepperdine Dispute Resolution Law Journal
Section I briefly introduces the Kaesong Industrial Complex, and its closure and reopening. Section II looks at the history of North and South Korea that has set up the current tension between the nations. Section III highlights the significance of the KIC to the two Koreas' relationship. Section IV then explores North Korea's behavior over the years, intertwining discussion of Thomas Schelling's "Madman Theory" to describe North Korea's growing unpredictability and irrationality. Section V provides suggestions for how South Korea can appease North Korea's erratic behavior, as exemplified by their actions during the KIC negotiations. Section VI concludes.
