Problems With The System Of Negotiation Models, Part 2,
2015
University of Missouri School of Law
Problems With The System Of Negotiation Models, Part 2, John M. Lande
Faculty Blogs
This part describes two actual negotiations to illustrate problems with the traditional system of two negotiation models. These cases don’t fit neatly into either model.
Irvings, Mark Arbitration Chart,
2015
University of Notre Dame
Irvings, Mark Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Trade And Investment Dispute Settlement Mechanisms In Asean: The Evolving Landscape And Major Developments,
2015
Singapore Management University
Trade And Investment Dispute Settlement Mechanisms In Asean: The Evolving Landscape And Major Developments, Locknie Hsu
Research Collection Yong Pung How School Of Law
The ASEAN landscape on trade and investment dispute mechanisms has been changing significantly over the last 15 years. Such changes have come about partly due to preparations for establishment of the ASEAN Economic Community (AEC) in 2015. An example is the coming into force on 29 March 2012 of the landmark ASEAN Comprehensive Investment Agreement (ACIA), a region-wide treaty in which ASEAN member States have committed to a number of significant investment obligations and dispute settlement mechanisms. Other developments have arisen from the signing of trade and investment agreements between ASEAN and its major trade partners, namely, Australia, New Zealand, …
Harmonizing Third-Party Litigation Funding Regulation,
2015
Washington and Lee University School of Law
Harmonizing Third-Party Litigation Funding Regulation, Victoria A. Shannon
Cardozo Law Review
Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a "wild west" due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation …
Harmonizing Third-Party Litigation Funding Regulation,
2015
Boston University School of Law
Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani
Faculty Scholarship
Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a “wild west” due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation …
Problems With The System Of Negotiation Models, Part 1,
2015
University of Missouri School of Law
Problems With The System Of Negotiation Models, Part 1, John M. Lande
Faculty Blogs
The current framework relies primarily on two models – positional and interest-based negotiation. This is not only a foundation of negotiation theory, but it is key to theory of lawyering, mediation, collaborative law, dispute system design and other areas of dispute resolution, other disciplines, as well as popular culture.
Faith-Based Private Arbitration As A Model For Preserving Rights And Values In A Pluralistic Society,
2015
Emory University School of Law
Faith-Based Private Arbitration As A Model For Preserving Rights And Values In A Pluralistic Society, Michael J. Broyde
Chicago-Kent Law Review
This article discusses private arbitration in religious and values-oriented communities. Using contract law as the foundation for arbitration law, religious arbitration panels can function almost like courts so long as the government can assure basic fairness and proper procedures, while allowing the parties to resolve their private dispute as the parties wish. This article explains that to be enforced, these private courts must meet the procedural requirements set by the Federal Arbitration Act, but American arbitration law is not generally concerned with the substantive law used by these tribunals, although this article recommends practices that religious tribunals ought to adopt …
Religious Law, Family Law And Arbitration: Shari'a And Halakha In America,
2015
University of Toronto
Religious Law, Family Law And Arbitration: Shari'a And Halakha In America, Mohammad H. Fadel
Chicago-Kent Law Review
The possibility that Muslims might use private arbitration as a forum in which their family law disputes could be settled according to the principles of Islamic law has generated substantial controversy, with one liberal democracy, Canada, even taking affirmative steps to insure that religious-based arbitration of family law disputes are denied legal recognition. This paper argues that such moves are ill-considered. From the perspective of political liberalism, the arbitration of family law disputes within a framework of religious law, provided that the arbitration is subject to review by a public court for conformity with public policy, is an ideal tool …
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards,
2015
Pepperdine University School of Law
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael A. Helfand
Chicago-Kent Law Review
This Article explores the unique status of religious law as a hybrid concept that simultaneously retains the characteristics of both law and religion. To do so, the Article considers as a case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges, courts must treat religious law as law when defining the contractually adopted religious procedural rules, but treat religious law as religion when reviewing precisely what the religious procedural rules require. On this account, constitutional and arbitration doctrine combine to insulate religious arbitration awards from judicial scrutiny even on procedural grounds, leaving courts …
Mi Casa Es Su Casa: The Benefits Of A Hud Mediation Program For Resolving Housing Accommodation Or Modification Disputes Between Landlords And Tenants With Disabilities,
2015
Pepperdine University
Mi Casa Es Su Casa: The Benefits Of A Hud Mediation Program For Resolving Housing Accommodation Or Modification Disputes Between Landlords And Tenants With Disabilities, Adam Knobler
Pepperdine Law Review
After first providing a background on federal housing laws that prohibit discrimination based on disability, this article then proceeds to describe and analyze the remedies available to tenants who have experienced disability discrimination. The article concludes that, not only are such remedies as filing a complaint or pursuing litigation difficult and time-consuming, they could also damage the long-term relationship between the parties and preclude the possibility of creative remedies that satisfy the needs of both parties. The article finishes by proposing that HUD develop an agency-wide mediation program based on the model of the Equal Employment Opportunity Commission (EEOC) mediation …
Kompetenz-Kompetenz: Varying Approaches And A Proposal For A Limited Form Of Negative Kompetenz-Kompetenz,
2015
Pepperdine University
Kompetenz-Kompetenz: Varying Approaches And A Proposal For A Limited Form Of Negative Kompetenz-Kompetenz, Ashley Cook
Pepperdine Law Review
This paper analyzes differing views and approaches to kompetenz-kompetenz and proposes a workable framework of kompetenz-kompetenz for the future. Part II provides an overview of the general principle of kompetenz-kompetenz, discussing the views of some of the leading international commercial arbitration scholars on kompetenz-kompetenz. Part III analyzes the approaches taken by the United States and the United Kingdom and uses them as helpful illustrations of kompetenz-kompetenz in practice. Part IV notes the shortcomings of the aforementioned approaches and proposes a limited form of negative kompetenz-kompetenz as the solution.
The Export Trade Note: A New Instrument For International Trade,
2015
Covington & Burling
The Export Trade Note: A New Instrument For International Trade, Eugene A. Ludwig, Michael J. Coursey
Georgia Journal of International & Comparative Law
No abstract provided.
Arbitration - Arbitrability Of Antitrust Claims Arising From An International Commercial Contract - Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc., 105 S. Ct. 3346 (1985).,
2015
University of Georgia School of Law
Arbitration - Arbitrability Of Antitrust Claims Arising From An International Commercial Contract - Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc., 105 S. Ct. 3346 (1985)., William L. Blagg
Georgia Journal of International & Comparative Law
No abstract provided.
Settlement Of Disputes In Gatt Under The Subsidies Code: Two Panel Reports On E.E.C. Export Subsidies,
2015
LUISS University of Rome
Settlement Of Disputes In Gatt Under The Subsidies Code: Two Panel Reports On E.E.C. Export Subsidies, Massimo Coccia
Georgia Journal of International & Comparative Law
No abstract provided.
Chernobyl's Legal Fallout - The Convention On Early Notification Of A Nuclear Accident,
2015
University of Georgia School of Law
Chernobyl's Legal Fallout - The Convention On Early Notification Of A Nuclear Accident, Sharon Mcbrayer
Georgia Journal of International & Comparative Law
No abstract provided.
The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis,
2015
University of Kansas
The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure
Georgia Journal of International & Comparative Law
No abstract provided.
What Is (A)Dr About?,
2015
University of Missouri School of Law
What Is (A)Dr About?, John M. Lande
Faculty Blogs
Description of the prompt what is ADR about? Part of the definitional problem is that we usually focus on small slices of a case, typically at the end, rather than looking at cases holistically. But that’s not how parties and lawyers typically experience them. Lawyers live with cases from their first contact with their clients about the problems. Parties start to deal with their conflicts even earlier than that.
Newsroom: Yelnosky On Firefighters Decision,
2015
Roger Williams University
Newsroom: Yelnosky On Firefighters Decision, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Diversity Challenge: Exploring The "Invisible College" Of International Arbitration,
2015
Washington and Lee University School of Law
The Diversity Challenge: Exploring The "Invisible College" Of International Arbitration, Susan D. Franck
Scholarly Articles
As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Using data from a survey of attendees at the prestigious and elite biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the …
The Conundrum Of Wto Accession Protocols: In Search Of Legality And Legitimacy,
2015
Wayne State University
The Conundrum Of Wto Accession Protocols: In Search Of Legality And Legitimacy, Julia Ya Qin
Law Faculty Research Publications
Accession to the World Trade Organization differs from that of other international organizations in one major aspect: the WTO may prescribe more stringent rules for acceded members, depending on the result of individual accession negotiations. These country-specific rules are set out in the protocols of accession and now form a significant part of WTO law. However, questions concerning the legality and legitimacy of such rules remain to be answered. The accession protocols effectively modify the provisions of the WTO multilateral trade agreements, but the legal basis for so doing has never been properly explained and the relationship between the accession …
