Dispute Resolution and Arbitration Commons^™

Lennar Communities Nevada, Llc, And Greystone Nevada, Llc V. Pamela Whalen, 142 Nev. Adv. Op. 29 (Apr. 16, 2026), Christianne White

Nevada Supreme Court Summaries

Courts should employ a totality of the circumstances test when determining if a party acted inconsistently with the right to arbitrate.

Juvenile Justice Probation Officers Association V. Clark County, 123 Nev. Adv. Op. 45 (Apr. 09, 2026), Anastasia Vinson

Nevada Supreme Court Summaries

In Juvenile Justice Probation Officers Association v. Clark County, the Nevada Supreme Court held that a narrow arbitration clause is limited to its terms and cannot cover a statutory PREA termination outside its defined scope.

Parallel Proceedings Between International Commercial Litigation And Arbitration: Existing Tools And Comparative Perspective, Joanna Ma

Northwestern Journal of International Law & Business

This Article examines parallel proceedings in international commercial disputes, focusing on situations in which the same parties and substantially the same issues are simultaneously before a national court and an arbitral tribunal. It surveys the principal tools that jurisdictions have developed to address this problem, including the priority-in-time rule, the prioritization of arbitral tribunals, tolerance of parallel proceedings, anti-suit injunctions, and anti-arbitration injunctions. After evaluating the strengths and weaknesses of each approach, the Article argues that prioritizing arbitral tribunals provides the most coherent and workable framework for managing such conflicts. In particular, the model of granting full priority to arbitral …

Arbitrary Consent To Arbitration, Charity J. Fort

Washington and Lee Law Review

In the one-hundred-year period since the enactment of the Federal Arbitration Act of 1925 (the Act), arbitration in the U.S. has become a battlefield embroiled in a multitude of contract law doctrines and competing arbitration jurisprudence concerning what rights can be contracted away. This battlefield has become particularly grisly with regards to the increased use of arbitration clauses in contracts with adhesive qualities between business entities and consumers. This Article seeks to confront and lay the foundations for resolving a concern raised by many arbitration scholars: scholars who argue that the use of arbitration clauses in contracts of adhesion is …

The Racial Implications For Black Claimants At The Federal Arbitration Act's Centennial, Michael Z. Green

Faculty Scholarship

On February 12, 1925, when President Calvin Coolidge signed into law an Act to make arbitration agreements "valid, irrevocable, and enforceable," no person could have expected that this new statute would ever apply to claims by Black litigants. A century later, that law, now referred to as the Federal Arbitration Act (FAA), has evolved to encompass disputes involving a broad array of claimants and processes where businesses enforce pre-dispute agreements to arbitrate. In examining whether Black claimants (businesses, consumers, and importantly, workers) may benefit from using arbitration, this Article investigates how the FAA, as enacted, never intended to address their …

Negotiating At A Distance: The Impact Of Communication Media And Negotiator Traits, Dorcas Quek Anderson, Tra My Ngo

Research Collection Yong Pung How School Of Law

Purpose – Prior research has yet to provide a coherent theoretical framework explaining how communication media hinder or advance negotiation success, and many dated studies are unlikely to be relevant. This study aims to examine the impact of four communication media on negotiation outcomes. It also examines the potential moderating effects of the following negotiator characteristics: conflict management style, personality traits and indirect communication style.Design/methodology/approach – A total of 400 participants formed 200 dyads to negotiate a mixed- motive relational conflict through face-to-face (FTF) interaction, videoconferencing, audio call or synchronous text messaging. Linear mixed regression was used to assess the …

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider

Articles

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client’s risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

The Arbitration Web Ensnaring Every Consumer: The Next Evolution In Corporate Strategy To Compel Arbitration, Michael Conklin

Maine Law Review

This first-of-its-kind Article uses a novel hypothetical to explore the expanding role of compelled arbitration. The hypothetical involves numerous large corporations agreeing to cross-reference each other in their arbitration agreements, thus attempting to create a massive arbitration web ensnaring nearly every American and allowing corporations to compel arbitration against parties with whom they never interacted. This Article presents the case that courts might enforce such a scheme based on the judicial trend toward ever-expanding compelled arbitration jurisprudence, the docket-clearing incentives faced by judges, existing case law allowing some non-signatories to enforce arbitration agreements, the strong assumption in favor of arbitration, …

The Changing Legal Landscape Of Cookie Banner Claims: Is Arbitration The Answer?, Jared Berklee

Cardozo Journal of Conflict Resolution (CJCR) Blog

Website cookie banners have become a ubiquitous part of internet browsing and are often overlooked by the average consumer. When cookies malfunction or a website operator fails to obtain proper user-consent, it creates risk for potential privacy-related litigation regarding misrepresentation of data-collection practices. In several recent class action lawsuits filed in California, plaintiff-users claim to have opted out of non-essential cookies, but malfunctioning cookie banners continued to log user information. Often alleging unauthorized interception of their electronic communications under the California Invasion of Privacy Act (CIPA) or intrusion upon seclusion, consumers have brought claims against a variety of entities, including …

Intraschool Negotiation Competition, Cardozo Dispute Resolution Competition Honor Society (Cdrchs), Benjamin N. Cardozo School Of Law

2025–2026 Flyers

Join Cardozo’s Dispute Resolution Competition Honor Society (CDRCHS) for Our Annual Intraschool Negotiation Competition.

How The Irs Is Trying To Encourage Taxpayer Buy-In Post-Appeal Mediation, Lingxi Qu

Cardozo Journal of Conflict Resolution (CJCR) Blog

With the 2025 tax return season underway, taxpayers may have dispute resolution options if tax-related disagreements with the IRS occur. Before pursuing litigation, taxpayers can pursue several dispute-resolution options provided by the IRS, including fast track (“FTS”), early referral, and post-appeals mediation. Choosing an appropriate program depends on the status of the disputes and who is currently managing your case. When taxpayers have ordinary unsuccessful appeals negotiations, they can file a request to the IRS Independent Office of Appeals for a non-binding mediation.  This will allow a neutral third-party to facilitate conversations between parties without experiencing costly and exhaustive litigation, …

Alternative Negotiators: Why It Is Important To Change The Negotiators Between Russia And Ukraine, Abraham Mandelbaum

Cardozo Journal of Conflict Resolution (CJCR) Blog

Since Russia’s annexation of Crimea in 2014, and especially after its full-scale invasion in 2022, repeated diplomatic efforts, primarily between the U.S. and Russia, and to a lesser extent between the U.S. and Ukraine, have failed to produce a lasting peace. For example, in 2025, President Vladimir Putin proposed a new round of ceasefire talks in Istanbul following the expiration of a unilateral three-day truce and renewed drone attacks on Kyiv. European leaders and Ukrainian President Volodymyr Zelenskyy rejected the proposal, insisting that any negotiations must begin with an unconditional ceasefire. Since then, neither side has unconditionally surrendered.

The print …

Sea Changes In Sue-And-Settle Policy: The Tides Of Transparency And Expediency, Evan B. Fitzgerald

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The (Non-) Protection Of Indigenous Rights In Isds, Dr. Kevin W. Gray

Pace International Law Review

International investment law largely flows from the protections afforded foreign investors under bilateral and multilateral investment treaties.  Until recently, few of these treaties required investors to comply with human rights provisions in national constitutions or in international law, or preserved the ability of states to regulate to protect constitutional rights.  As a result, critics have argued, investor-state dispute settlement fails to protect human rights or preserve the ability of states to regulate in the public interest, and that arbitral awards rarely consider, let alone give effect to, rules of human rights.

This article considers the question of how Indigenous rights, …

The Aaa’S Next Frontier: Family Mediation, Elena Foley

Cardozo Journal of Conflict Resolution (CJCR) Blog

As of January 28, 2026, the American Arbitration Association (AAA) has expanded its services to a group quite different from its usual clientele: families. The AAA has begun offering family mediation services and other tailored alternative dispute resolution options designed to meet the unique needs of families navigating separation, divorce, co-parenting, and other domestic matters. The program features a dedicated family mediation panel, made up of skilled mentors, retired judges, former court attorneys, and family law practitioners. These professionals are trained to handle emotionally charged disputes and to help parties work through complex personal and financial issues. The panel will …

Against The Drafter: An Empirical And Theoretical Analysis Of The Doctrine Of Contra Proferentem, Farshad Ghodoosi, Tal Kastner

Fordham Law Review

Contra proferentem, the enduring maxim that directs courts to interpret an ambiguity in a contract against its drafter, appears simple on its face. Although it might be best known as a fundamental principle of insurance law, contra proferentem figures in courts’ interpretation of a range of contract types. As an interpretive rule of thumb that parties can easily override with a simple contract provision, the doctrine and its boilerplate antidote seem to offer a straightforward means to facilitate private ordering—a central goal of contract law.

However, neither courts’ application of the doctrine in case law nor contract drafters’ treatment …

Behind Every Case Is A Conversation, Donna Shestowsky

Nevada Law Journal

Lawyers play a central role in guiding clients through critical decisions that shape the trajectory of litigation. Among the most consequential of these is the choice of procedures by which disputes will be resolved—whether through trial, mediation, arbitration, or other mechanisms. Despite the weight of these decisions, legal scholarship offers little guidance on how lawyers might structure conversations about procedural options. This Article seeks to address that gap by drawing on empirical research from psychology and related disciplines to develop recommendations for educating and counseling clients—particularly those with little or no prior exposure to the civil justice system—so that they …

The Mysterious Federal Policy In Favor Of Arbitration: Festschrifts Squared, Robert H. Smit

Faculty Scholarship

As far as I can tell, John Fellas and I think alike on most things, both as practicing international arbitrators and as professors of international arbitration law. As arbitrators in practice, all of the awards we have rendered together — whether John chaired, I chaired or we both served as party-appointed arbitrators — were unanimous awards. As professors in academics, we both independently submitted essays — on the occasion of a festschrift in honor of Professor George Bermann — addressing related issues concerning the federal policy in favor of arbitration in the United States. John’s festschrift essay is entitled “ …

The Supreme Court's Policy Favoring Arbitration And Its Limits, George A. Bermann

Faculty Scholarship

While the federal policy favoring arbitration is codified in the 1925 Federal Arbitration Act (FAA), the strength of that policy depends on the treatment that arbitration receives in federal courts and in the United States Supreme Court in particular.

Courts in all jurisdictions play an important role in fashioning the treatment of arbitration agreements, arbitral proceedings and arbitral awards. However, the judicial role in this regard is especially pronounced in the United States, in view of the problematic state of legislation on the subject. The federal legislation on arbitration is 100 years old and has never been meaningfully amended. The …

Stitching Up Industry Issues: Arbitration Can Offer Customized Solutions To Fashion Intellectual Property Disputes, Catherine Meng

Pepperdine Dispute Resolution Law Journal

This comment proposes alternative dispute resolution (ADR), specifically arbitration, as a more effective mechanism for resolving fashion copyright disputes. The fashion industry has historically received limited protection for designs—primarily trademark and patent law—resulting in widespread copying and difficulty enforcing claims. In the 2017 case Star Athletica, L.L.C. v. Varsity Brands, Inc., the Supreme Court added copyright to the patchwork of protections. However, that protection is available only for aesthetic elements, not functional ones. The difficulty in distinguishing these components, along with the challenges of enforcing claims across borders and between parties with unequal bargaining power, as in Hian v. Louis …