Korea's "Bali Bali" Growth In International Arbitration,
2016
Pepperdine University
Korea's "Bali Bali" Growth In International Arbitration, Grant L. Kim
Pepperdine Dispute Resolution Law Journal
No abstract provided.
The Recognition And Enforcement Of Foreign Arbitral Awards In Korea: With Focus On The U.S. Matters,
2016
Pepperdine University
The Recognition And Enforcement Of Foreign Arbitral Awards In Korea: With Focus On The U.S. Matters, Yong-Beum Jahng, Ryul Kim
Pepperdine Dispute Resolution Law Journal
No abstract provided.
A Bellwether To Korea's New Frontier In Investor-State Dispute Settlement?: The Moscow Convention And Lee Jong Baek V. Kyrgyz Republic,
2016
Pepperdine University
A Bellwether To Korea's New Frontier In Investor-State Dispute Settlement?: The Moscow Convention And Lee Jong Baek V. Kyrgyz Republic, Joongi Kim
Pepperdine Dispute Resolution Law Journal
This article will first seek to provide an overview of the state of play of Korea’s ISDS regime. It will discuss the historic nature of the recent cases that have contributed to a critical mass of ISDS actions involving the Korean state as the respondent and Korean investors as claimants. The article will then provide analysis of the Moscow Convention with particular focus concerning its special provisions. After examining the Lee Jong Baek Award, it then explores the potential ramification of the recent cases to Korea’s ISDS policy. It suggests that these cases may represent a tipping point in Korea-related …
Surveying The Landscape Of Conflict Management,
2016
Pepperdine University
Surveying The Landscape Of Conflict Management, Tom Stipanowich, J. Kwang Ho Lim, E. Y. Park, Beomsu Kim, Joongi Kim
Pepperdine Dispute Resolution Law Journal
No abstract provided.
The Emergence Of Mediation In Korean Communities,
2016
Pepperdine University
The Emergence Of Mediation In Korean Communities, Peter Robinson, J. Youngjin Lee, J. Kwang Ho Lim, Ryul Kim
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Korean Perspectives On Trade And Investment Multilateral Agreements And Dispute Resolution,
2016
Pepperdine University
Korean Perspectives On Trade And Investment Multilateral Agreements And Dispute Resolution, Lucy Reed, E. Y. Park, Joongi Kim, Beomsu Kim, Kevin Kim
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Korea's Emerging Importance In The Practice Of International Commercial Arbitration,
2016
Pepperdine University
Korea's Emerging Importance In The Practice Of International Commercial Arbitration, Jack J. Coe, E Y. Park, Grant Kim, Kevin Kim
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Lightening The Load Or Losing Potential? Adr And The Courts Of Appeal,
2016
Pepperdine University
Lightening The Load Or Losing Potential? Adr And The Courts Of Appeal, Paul Thies
Pepperdine Dispute Resolution Law Journal
No abstract provided.
A Happier Ending For Everyone: Resolving Adoption Disputes Between Putative Fathers And Adoptive Parents Through Clinical Mediation,
2016
Pepperdine University
A Happier Ending For Everyone: Resolving Adoption Disputes Between Putative Fathers And Adoptive Parents Through Clinical Mediation, Tiffany Bostinelos
Pepperdine Dispute Resolution Law Journal
This article will discuss the problems putative fathers face when their biological child is put up for adoption without their consent or knowledge. It will further argue that when a custody issue does arise between putative fathers and adoptive parents, the best way to resolve the custody dispute--and more importantly protect the best interest of the child--is through a process called clinical mediation. Finally, even if clinical mediation is not successful, this article will argue that clinical mediators should be permitted to make recommendations to the court as to the custody or visitation issues.
The Glucose Model Of Mediation: Physiological Bases Of Willpower As Important Explanations For Common Mediation Behavior,
2016
Pepperdine University
The Glucose Model Of Mediation: Physiological Bases Of Willpower As Important Explanations For Common Mediation Behavior, Roy F. Baumeister, W. Scott Simpson, Stephen J. Ware, Daniel S. Weber
Pepperdine Dispute Resolution Law Journal
Success in life requires the ability to resist urges and control behavior. This ability is commonly called “willpower,” the capacity to overcome impulses and engage in conscious acts of self-control. Social psychologists believe willpower is a finite resource dependent on physiological bases including glucose (from food and drink), sleep and other forms of rest, and the absence of stress. In short, people who are hungry, exhausted, or highly stressed tend to have less willpower than those who are well-fed, well-rested, and relatively stress-free. In addition, a person who exerts self-control (uses willpower) tends to reduce temporarily the amount of willpower …
A Constitutional Right To Discovery? Creating And Reinforcing Due Process Norms Through The Procedural Laboratory Of Arbitration,
2016
Pepperdine University
A Constitutional Right To Discovery? Creating And Reinforcing Due Process Norms Through The Procedural Laboratory Of Arbitration, Imre Stephen Szalai
Pepperdine Dispute Resolution Law Journal
This article explores an overlooked dynamic between arbitration and the more formal court system. As developed in more detail below, this article's thesis is that arbitration can help define and reinforce due process norms applicable in court, and a due process-like norm regarding discovery is beginning to develop. Courts often review arbitration agreements for fairness, and through this judicial review, courts have developed a body of law discussing and defining whether certain procedures (or the lack thereof) violate fairness norms in connection with the resolution of a particular dispute. Through this body of law exploring procedural fairness, one can identify …
How Much Can It Be Bent Before Breaking? Changing The Foundations Of Arbitration In Securities Disputes,
2016
Pepperdine University
How Much Can It Be Bent Before Breaking? Changing The Foundations Of Arbitration In Securities Disputes, M. Saleh Jaberi, Bruno Zeller
Pepperdine Dispute Resolution Law Journal
Following the emergence of arbitration in the stock market disputes, governments and brokers have tried to modify the arbitration procedure in order to adapt it to their needs. Consequently, the foundations of arbitration, such as freedom to enter into an arbitration agreement and selection of arbitrators, have changed in relation to rules and practice. Some of the securities arbitrations have judicialized and have lost the fundamental principles of arbitration, while others have changed only some of the traditional arbitration traits. It is important to protect the nature of arbitration; otherwise, the necessary support of courts for the arbitration procedure and …
The Intersection Between Legal Risk Management And Dispute Resolution In The Commercial Context,
2016
Pepperdine University
The Intersection Between Legal Risk Management And Dispute Resolution In The Commercial Context, Garrick Apollon
Pepperdine Dispute Resolution Law Journal
This article explains the key advantages and challenges of using LRM to help lawyers managing substantive matters related to the commercial negotiations and disputes, and the key advantage of using ADR techniques for the management of nonsubstantive matters related to commercial negotiations and disputes. This article overall demonstrates that LRM can complement dispute resolution and vice versa. This article also demonstrates how LRM can be utilized in commercial negotiations and mediations.
Whistling In Silence: The Implications Of Arbitration On Qui Tam Claims Under The False Claims Act,
2016
Pepperdine University
Whistling In Silence: The Implications Of Arbitration On Qui Tam Claims Under The False Claims Act, Mathew Andrews
Pepperdine Dispute Resolution Law Journal
For nearly twenty years, corporate defendants have sought unsuccessfully to use arbitration to roll back protections for whistleblowers suing under federal law. The state and federal judiciaries have long stymied these efforts, on the grounds that defendants cannot force the Government's claims into the secretive forum of arbitration. In January 2013, this protection came to an end. A federal court ruled for the first time that a whistleblower suing on behalf of the United States must pursue its action in arbitration. Five months later, this trend continued as federal courts have compelled arbitration of state law qui tam actions. This …
Book Review: Commentaries On Selected Model Investment Treaties,
2016
Pepperdine University
Book Review: Commentaries On Selected Model Investment Treaties, Jack J. Coe Jr., Ashley K. Puscas
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Too Many Cooks In The Kitchen: Examining The Major Obstacles To Achieving Peace In Syria's Civil War,
2016
Pepperdine University
Too Many Cooks In The Kitchen: Examining The Major Obstacles To Achieving Peace In Syria's Civil War, Amanda Pitrof
Pepperdine Dispute Resolution Law Journal
The struggle for peace has been waged over and over, in numerous countries. Syria is no exception. It is a country with a history of violent conflict and political instability. The current regime is authoritarian to the extreme, and the range of competing religious interests is diverse. The civil war now consuming the country has claimed tens of thousands of lives, displaced millions, and thrown the country's future into question. This article will first briefly examine the country's turbulent history and the development of the current conflict. Next, it will evaluate previous attempts to solve the conflict. Then, it will …
One Quest For Eleven Distinct Wine Regions: How Implementing Mediation Would Benefit The Ava Creation Process,
2016
Pepperdine University
One Quest For Eleven Distinct Wine Regions: How Implementing Mediation Would Benefit The Ava Creation Process, Jayme Lehman
Pepperdine Dispute Resolution Law Journal
This article will address the petition process and its pitfalls and will provide a recommendation regarding changes that can be made in order to improve the system. Section II will first address the specific requirements that must be presented to the TTB when petitioning for a new or modified AVA. Section II will then discuss the options available to the TTB to address incoming petitions. Section III will examine the three areas of an AVA petition that can be the most problematic and will cite specific examples of those problem areas (with an emphasis on the Paso Robles petition). Section …
Transforming News: How Mediation Principles Can Depolarize Public Talk,
2016
Texas A&M University School of Law
Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli
Pepperdine Dispute Resolution Law Journal
News media interviews bring opposing voices into the public forum where, ideally, audience members can deliberate and reach democratic compromise. But in today's politically polarized atmosphere, partisans increasingly accuse each other of being a threat to the country, and prospects for compromise have suffered. Journalists have been urged to take a more affirmative role, promoting problem solving and opposing conflict. They have stopped short, citing professional norms that demand a stance of neutral detachment. This article turns to the principles of transformative mediation. Like journalism, it is detached from any goal of settlement. It aims instead at increasing the capacity …
Designing A Court-Annexed Mediation Program For Civil Cases In Brazil: Challenges And Opportunities,
2016
Pepperdine University
Designing A Court-Annexed Mediation Program For Civil Cases In Brazil: Challenges And Opportunities, Fernando Vieira Luiz
Pepperdine Dispute Resolution Law Journal
In this article, I demonstrate that mediation is an important form of dispute resolution, displaying benefits when compared with adjudication. I try to refine what mediation is by contrasting it with judicial settlement conferences and conciliation. Regarding the ongoing process in Brazil, I state that every society should adapt a mediation program that is attainable for its social-economic and cultural reality. Criticizing the current Brazilian policies, I present the positive and negative aspects of the Resolution No. 125 of the National Council of Justice (CNJ), analyzing a possible program design feasible for the country, focusing on the issues of funding, …
2016 Exchanged Figures Chart,
2016
Notre Dame Law School
2016 Exchanged Figures Chart, Edmund P. Edmonds
Annual Exchanged Figures Charts
No abstract provided.
