Dispute Resolution and Arbitration Commons^™

Understanding The Big Three’S Wavering Support Of Environmental And Social Shareholder Proposals, Jeff Schwartz, Jefferson Jensen

Seattle University Law Review

Because of their substantial equity portfolios, BlackRock, Vanguard, and State Street (the Big 3) are central players in corporate governance. It is, therefore, critical to understand how they vote. One puzzle is that their support for shareholder proposals on environmental and social matters appears to waiver. In 2020, for instance, BlackRock supported 11.1% of environmental proposals at S&P 500 firms. In 2021, it seemingly reversed course, supporting 55.2%. It then flipped again, supporting 32.1% in 2022. Such statistics suggest that the Big 3 are constantly changing their views on these topics. This Article seeks to better understand whether this is …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Problemy Ekonomiczno-Prawne Związane Z Wejściem W Życie Ustawy O Doręczeniach Elektronicznych, Anastazja Drapata

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The implementation of the Polish Electronic Delivery Act of 18 November 2020 presents significant technical and infrastructural challenges for public administration in Poland. While the Act aims to digitalize administrative proceedings, and has notably expedited case management, particularly during the COVID-19 pandemic, it has not resolved the issues of procedural delays and inactivity.

A pivotal development of this legislation is the establishment of a legal framework for electronic delivery addresses and public services, facilitating necessary legislative changes in administrative and judicial procedures. However, its entry into force was constantly delayed. The Act allows for the creation of electronic documents, secured …

Being There: Perils Of Disembodied Mediation, Robert Mcniff

Scholarly Works

The article examines the rise of online mediation, particularly accelerated by the COVID-19 pandemic, and critiques its limitations compared to in-person mediation. Drawing on 20th-century philosophical, psychological, and sociological thought, the analysis argues that online mediation diminishes the embodied, emotional, and intersubjective dimensions of human interaction, which are critical for empathy, moral agency, and meaningful dispute resolution. While online mediation offers convenience, it risks dehumanizing the process by reducing participants to disembodied images, thereby undermining the unique strengths of mediation as a holistic and empathetic alternative to legal adjudication.

International Arbitration And Conflicts Of Law: Three Hard Questions For Symeon, Peter B. Rutledge

Scholarly Works

The presence of a foreign element in a legal relationship inevitably introduces intricate choice-of-law issues. This postulate holds especially true in the context of international arbitration. Arbitration involves an exceptional degree of procedural freedom (including over the choice of the applicable law) and a distinctive conflict-of-laws regime that may be unbound from a particular national legal system. This article examines several choice-of-law issues arising in the context of international arbitration. In particular, Section I of this article addresses whether the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards, otherwise known as the New York Convention, is selfexecuting …

Adding A Data Disclosure Requirement To The Faa: An Overdue Reform, Richard Frankel

American University Business Law Review

Artificial intelligence (AI) and predictive analytics are transforming almost every sector of society. The field of dispute resolution is no exception to this trend. Lawyers in emerging disputes are hungry for data about arbitrators and judges, prior decisions, similar disputes, and anything else they can get their hands on.

Towards The Faa's Next Century: Clarifying Disclosure Requirements In Arbitration, Andrea K. Schneider, Brian Farkas

American University Business Law Review

In the summer of 2024, all eyes were on Paris. Thousands of athletes from over 200 countries competed in over 300 sports. The Olympics is nationalism at its healthiest: cheering for one's own nation, while recognizing the fundamentally transnational human values of pluralism, diversity, and aspiration.

Facilitating Trust Arbitration By Amending The Federal Arbitration Act, S. I. Strong

American University Business Law Review

Over the last few years, a new dispute resolution procedure has burst onto the domestic and international stage: trust arbitration, which allows an arbitration provision located in a trust to trigger arbitration of "internal" trust disputes arising either between trust beneficiaries or between beneficiaries and the trustee.

Promise And Pitfalls Of Ai In Mass Arbitration, Amy J. Schmitz

Cardozo Journal of Conflict Resolution

Mass arbitration has emerged as a strategic response to arbitration clauses that preclude class actions, allowing large numbers of claimants to bring individual arbitration demands against companies for similar grievances. Unlike class actions where a lead claimant represents others, mass arbitration requires each claimant’s active participation in separate proceedings, creating significant administrative burdens and costs. Following a 2011 Supreme Court ruling that solidified mandatory individual arbitration clauses, consumers and employees increasingly turned to mass arbitration filings. While the American Arbitration Association’s rule updates aimed to improve efficiency through measures like one-time initiation fees and process arbitrators, challenges remain in managing …

The Position Of The United States Of America Vis-A-Vis The Question Of Western Sahara: Assessing The Role Of Think Tanks In The Conflict, Hamid Baadeche

Graduate Theses, Dissertations, and Problem Reports (ETD)

ABSTRACT

The Position of the United States of America Vis-à-vis the Question of Western Sahara: Assessing the Role of Think Tanks in the Conflict

Hamid Baadeche

Think tank organizations, particularly in the United States, have become a prominent feature of the political landscape. They act as advocates for specific policies that they consider beneficial for the country or a particular societal group. They function as a primary source of information, which they then aim to transform into well-informed policies and sound decisions. They are referred to as "the revolving doors," "idea brokers," and "idea factory." As such, their foremost objective …

Towards The Faa's Next Century: Clarifying Disclosure Requirements In Arbitration, Andrea K. Schneider, Brian Farkas

Articles

This essay provides a roadmap to the current landscape of neutrality and disclosure. It then suggests three possible reforms to the FAA that would provide better guidance to arbitrators, parties, and courts. Moreover, this essay argues that if the FAA cannot be sufficiently amended, states should take the lead. States can continue to more clearly outline disclosure requirements and enforce clearer standards than the current version of the FAA.

Arbitrator Selection Default Rules, Irene M. Ten Cate

American University Law Review

This Article makes the case for changing the default settings for the selection of arbitrators in international commercial arbitration. For three-member tribunals, the rules of most international arbitration institutions provide that each party picks an arbitrator. The institution or the co-arbitrators then select the tribunal’s president. This prescription, which parties may set aside by agreement, codifies longstanding practices and corresponds to the strong preference of international arbitration insiders. Nonetheless, I argue that arbitration rules should default toward institutional selection of all arbitrators.

Switching the default nudges parties that can’t take full advantage of the arbitrator selection game—due to inexperience, lack …

Dispute System Counter-Design, Andrew B. Mamo

FIU Law Review

This article introduces the concept of “counter-design” as a practice of challenging and reimagining dispute resolution systems from the ground up and from the inside out. Counter-design provides a critical response to traditional Dispute System Design (DSD) by positing that designs necessarily privilege certain perspectives and interests over others, even when designers follow best practices and ethical principles. Through practices of counter-design, individuals interact with dispute resolution systems, not merely to seek resolutions within the existing framework, but to actively challenge and reshape these systems from within. This concept underscores the dynamics of power, inclusion, and representation within DSD. Counter-design …

Time-Pressured Negotiations, Hal Abramson

Scholarly Works

This Article considers how to negotiate when you do not have the time to use your best negotiation practices. No other article has considered what to do when in a time-pressured negotiation other than to advise you not to be trapped by a deadline. When you have no choice but to rush, this Article examines the choices that will reduce the risks posed by skipping any best practices.

This Article first considers the inherent risks of taking shortcuts and then describes a negotiation map suitable when not rushed as a guide for selecting shortcuts when rushed. After this introduction, the …

The Singapore Convention On Mediation: A New Framework For International Settlement Enforcement, Peter Phillips, Zachary Calo, Harold I. Abramson

Scholarly Works

The Singapore Convention on Mediation undeniably represents a landmark development in the field of international dispute resolution, providing a long-awaited and much-needed international enforcement framework that has the significant potential to substantially enhance the credibility, attractiveness, and overall effectiveness of mediated settlement agreements in cross border commercial disputes. By establishing a more predictable and reliable mechanism for the enforcement of these voluntarily reached agreements, the Convention directly addresses a critical gap that had long existed in the international dispute resolution landscape, particularly when compared to the well-established regime for the enforcement of international arbitral awards under the New York Convention. …

Fighting Mass Arbitration: An Empirical Study Of The Corporate Response To Mass Arbitration And Its Implications For The Federal Arbitration Act, Richard Frankel

Vanderbilt Law Review

Mass arbitration represents the newest battleground between corporations and consumer and employee advocates over mandatory arbitration and access to justice. Companies thought they had finally won the arbitration wars after the U.S. Supreme Court ruled that they could insert class action bans into their arbitration clauses, bestowing companies with widespread immunity from a large swath of consumer and employee claims.

Recently, however, consumer and employee advocates have responded to class action bans by filing thousands of individual arbitration demands, which have exposed companies to millions of dollars in filing fees and resulted in large settlements. This practice has become known …

Equitable Obligations And Property In Choice Of Law, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

This chapter argues against the unitary characterisation, for choice of law purposes, of equitable principlesas they apply to claims relating to property as either property or obligation, and that they should be characterised as property or obligation in accordance with the functions of the equitable principles in each instance.

Through The Looking Glass: We All See Ideational Objects Here, J.G. Allen

Research Collection Yong Pung How School Of Law

In this chapter, I explore the property law treatment of cryptoassets—and, presumably, other digital artefacts that are not clearly rights to anything or against anyone. I argue that such artefacts are well described as “ideational objects” and draw together insights from private law theory and social ontology to explore how we should think about complex objects with a social and a technical dimension. I then examine how the law of property can accommodate ideational objects as objects of property rights (including the right of ownership) and dealing such as transfer, and what challenges and implications this poses for the traditional …

Separability Doctrine: Perspectives From China, England And The Model Law, Jia Jun Benjamin Goh

Research Collection Yong Pung How School Of Law

In this article, the author compares the application of the separability doctrine in the People's Republic of China, England and Wales, and select Model Law jurisdictions (including Singapore and Hong Kong). This article argues that the proper scope of the doctrine must include situations of both contractual validity and existence are in question. Additionally, the doctrine should apply in finding that the law of the arbitration agreement is different from the law of the main contract. Finally, the doctrine must also serve to protect party autonomy to shield an arbitration agreement from self defeating main agreements.

Keeping Big Issues Off The Table: The Supreme Court On Entrepreneurial Discretion And The Duty To Bargain, James Friedman

Maine Law Review

Over the past decade a number of major American industries have declined or radically restructured in the face of foreign competition. In 1982, for example, more than 1.2 million American workers were either temporarily or permanently laid off as companies curtailed operations or moved abroad. Two hundred thousand people lost their jobs in 1982 due to plant shutdowns. In recent times the steel and auto industries have provided the most visible examples of massive cutbacks in employment, but jobs have also disappeared in other industries such as electrical manufacturing, machine manufacturing and textiles. Although much public debate and disagreement exists …