The Influence Of Arbitrator Background And Representation On Arbitration Outcomes,
2014
University of Michigan Law School
The Influence Of Arbitrator Background And Representation On Arbitration Outcomes, Adam C. Pritchard, Stephen J. Choi, Jill E. Fisch
Articles
We study the role of arbitrator background in securities arbitration. We find that several aspects of arbitrator background are correlated with arbitration outcomes. Specifically, industry experience, prior experience as a regulator, and status as a professional or retired arbitrator are correlated with statistically significant differences in arbitration awards. The impact of these characteristics is affected by whether the arbitrator in question serves as the panel chair and by whether the parties to the arbitration are represented by counsel. Our findings offer some preliminary insights into the debate over possible arbitrator bias. On the one hand, they suggest that the party …
The Evolution And Decline Of The Effective-Vindication Doctrine In U.S. Arbitration Law,
2014
Pepperdine University
The Evolution And Decline Of The Effective-Vindication Doctrine In U.S. Arbitration Law, Okezie Chukwumerije
Pepperdine Dispute Resolution Law Journal
This article offers information on the history, significance and role of the effective-vindication doctrine in U.S. arbitration law in promoting access to justice. It analyzes the significance of broad policy implications regarding the interpretation of the Federal Arbitration Act (FAA) by the Court facilitating the arbitration of commercial disputes and protecting the statutory rights of consumers in the context of the U.S. Supreme Court's decision in Green Tree Financial Corp. v. Randolph.
Valuation Standards For Calculating Icsid Awards,
2014
Pepperdine University
Valuation Standards For Calculating Icsid Awards, Jason Pan
Pepperdine Dispute Resolution Law Journal
This article offers information on the history, development and significance of International Centre for Settlement of Investment Disputes (ICSID) and its approach to award valuation. It analyzes the challenges of implementing the International Valuation Standards Council (IVSC) valuation standards for calculation of awards during ICSID arbitrations for valuation of property.
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India,
2014
Pepperdine University
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield
Pepperdine Dispute Resolution Law Journal
The article offers information on the history, development and significance of international arbitration in India. It analyzes the decision of the Indian Supreme Court in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., which marks the era of major changes in Indian law regarding international arbitration. It mentions that development of Indian arbitration law enhances global standards and attitudes toward international dispute resolution in India.
Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua,
2014
Pepperdine University
Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance
Pepperdine Dispute Resolution Law Journal
This article offers information on the history, development and significance of the adoption and implementation of the alternative dispute resolution (ADR) techniques in Nicaragua and Rwanda. The ADR system addresses the issues of women and children suffering from domestic abuse and from the repercussions of the Rwandan Genocide and helps in rebuilding and restoring traditional values of family and community in the context of human rights.
Luck V. Justice: Consent Intervenes, But For Whom?,
2014
Pepperdine University
Luck V. Justice: Consent Intervenes, But For Whom?, Jennifer W. Reynolds
Pepperdine Dispute Resolution Law Journal
Consent in civil settlements should improve access to and delivery of justice by making luck (chance, contingencies, arbitrariness) less significant in process and outcomes. Consent-based processes and private settlement are supposed to support justice by redistributing decision-making power away from judicial-coercive authorities to the people most affected by the dispute. But consent today has become little more than a pro forma process lever for bypassing regulation, litigation, and other more formal structures. No longer does consent serve as a reliable bulwark against luck distortions and arbitrariness in legal systems. Opening shrink-wrap (consent to arbitrate!), being shunted into compulsory mediation (consent …
A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation,
2014
Pepperdine University
A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation, Heather Scheiwe Kulp
Pepperdine Dispute Resolution Law Journal
The article focuses on the laws made for regulating the party's participation in preserving the principles of mediation for the resolution of disputes related to the foreclosure crisis. Topics discussed include the impact of the foreclosure crisis on the housing and domestic markets, the impact of foreclosures on the sales and price value of the houses and the impact of the foreclosure crisis on the economic conditions of the local communities.
Circles Of Trust: Using Restorative Justice To Repair Organizations Marred By Sex Abuse,
2014
Pepperdine University
Circles Of Trust: Using Restorative Justice To Repair Organizations Marred By Sex Abuse, Meredith C. Doyle
Pepperdine Dispute Resolution Law Journal
This article focuses on the role of restorative justice in repairing the sexual abuse cases of organizations like schools and churches. Topics discussed include efforts of the community members and institution leaders in the prevention of sexual victimization, the role of public apology and restorative justice in restoring the community faith and the role of the criminal justice system in protecting the victims of sexual abuse.
The Use Of Mediation To Settle Prisoner Grievances In Federal Court,
2014
Pepperdine University
The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns
Pepperdine Dispute Resolution Law Journal
This article discusses the importance of mediation and mediation-like alternative dispute resolution (ADR) methods used by the U.S. federal district courts to settle prisoner litigation claims. Topics discussed include laws made for the prisoners for filing their claims in the Federal District Courts under Section 1983, the role of ADR in resolving prisoner grievances and the role of ADR in settling the disputes related to prisoner civil rights.
The Failings Of The Tri-State Water Negotiations: Lessons To Be Learned From International Law,
2014
University of Georgia School of Law
The Failings Of The Tri-State Water Negotiations: Lessons To Be Learned From International Law, Michael Keene
Georgia Journal of International & Comparative Law
No abstract provided.
Flights Of Fancy And Fights Of Fury: Arbitration And Adjudication Of Commercial And Political Disputes In International Aviation,
2014
McGill University
Flights Of Fancy And Fights Of Fury: Arbitration And Adjudication Of Commercial And Political Disputes In International Aviation, Paul S. Dempsey
Georgia Journal of International & Comparative Law
No abstract provided.
Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?,
2014
Pepperdine University
Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?, Dafna Lavi
Pepperdine Dispute Resolution Law Journal
After an introduction in chapter one, the second chapter of this article presents statistics regarding the phenomenon of domestic violence and presents the definition of “violence” (with its attendant difficulties). The third chapter presents the existing problems regarding the judicial handling of divorce cases in general and those involving violence in particular. The fourth chapter analyzes the academic discourse regarding the issue of mediation of divorce cases involving violence (the position of the proponents and the opponents, as well as the problems of the current situation). The fifth chapter proposes med-arb as addressing the issue of divorce mediation in the …
Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity,
2014
Pepperdine University
Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity, Scott Kestenbaum
Pepperdine Dispute Resolution Law Journal
This Note addresses whether there should be an arbitration and mediation section added to both the Uniform Athlete Agent Act (UAAA), and Sports Agent Responsibility and Trust Act (SPARTA) to establish a uniform dispute resolution process for dealing with unscrupulous acts of athlete agents. This issue is distinctive because while all four professional sports leagues’ players associations have specific arbitration procedures in their athlete agent regulations, the two statutes governing athlete agent conduct do not adopt a uniform policy relating to arbitration procedures. This Note addresses the prior history of state and federal legislation pertaining to an athlete agent, including …
Don't Tread On Me: The Need For An Alternate Dispute Resolution Process For The Creators And Uploaders Of User-Generated Content,
2014
Pepperdine University
Don't Tread On Me: The Need For An Alternate Dispute Resolution Process For The Creators And Uploaders Of User-Generated Content, Scott A. Tarbell
Pepperdine Dispute Resolution Law Journal
This article analyzes the current position that UGC site users find themselves in relation to their ability to dispute copyright infringement claims. Part II discusses the introduction and purpose of the DMCA along with the statutory provisions and case law relevant to the subject. Part III covers the underlying issues encumbering the current appeals process for the OSPs as dictated under the DMCA, and why changes are required. Part IV advocates for a new dispute process, one in favor of online alternative dispute resolution (OADR), and explains how this new paradigm would produce more equitable results for UGC site users. …
Online Alternative Dispute Resolution And Why Law Schools Should Prepare Future Lawyers For The Online Forum,
2014
Pepperdine University
Online Alternative Dispute Resolution And Why Law Schools Should Prepare Future Lawyers For The Online Forum, Jordan Goldberg
Pepperdine Dispute Resolution Law Journal
Goldberg discusses traditional law school curriculums and how the addition of ADR courses has supplemented the traditional law school curriculum in a way that helps law schools achieve educational and academic recommendations, suggested by various studies including the Carnegie Report and the Best Practices for Legal Education. The author then shows that the effects of globalization and the increased use of technology in daily life have caused a higher demand for OADR in legal practice. Further, because there is a growing use of technology in K-12 curriculums and the nation’s youth are becoming more technologically savvy every year, it is …
Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes,
2014
Loyola Law School
Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. Mclaughlin
Georgia Journal of International & Comparative Law
No abstract provided.
Creditor Participation In The Hipc Debt Relief Initiatives: The Case Of Guyana,
2014
Oxford University
Creditor Participation In The Hipc Debt Relief Initiatives: The Case Of Guyana, Magnus Saxegaard
Georgia Journal of International & Comparative Law
No abstract provided.
Challenges To The Territorial Integrity Of Guyana: A Legal Analysis,
2014
American University in Cairo
Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan
Georgia Journal of International & Comparative Law
No abstract provided.
Comment On The Guyana-Suriname Boundary Dispute,
2014
Republic of Guyana, Attorney General
Comment On The Guyana-Suriname Boundary Dispute, Honourable Doodnauth Singh
Georgia Journal of International & Comparative Law
No abstract provided.
Exploring The Limits Of International Human Rights Law,
2014
University of Missouri-Columbia
Exploring The Limits Of International Human Rights Law, Margaret E. Mcguinness
Georgia Journal of International & Comparative Law
No abstract provided.
