Dispute Resolution and Arbitration Commons^™

Mediation In The Metaverse: The Future Of Online Dispute Resolution?, Miranda Sapoznik

Cardozo Journal of Conflict Resolution (CJCR) Blog

The technological revolution was propelled following the inception of the COVID-19 pandemic. The wide-spread disruption of everyday functioning highlighted the need for virtual means of connection, consequentially altering communication norms across almost all arenas. Justice systems across the globe were no exception to this shift, as online dispute resolution ("ODR”) became a necessary mechanism to address legal conflicts. As ODR became the new normal in alternative dispute resolution (“ADR”), various digital platforms developed to accommodate the growing need.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 29, 2023. The original post can be …

Analyzing Brittney Griner’S Detention And Release, Zachary Knoop

Cardozo Journal of Conflict Resolution (CJCR) Blog

Editor’s Note: The following article has two parts. The first part was written prior to the prisoner swap that brought Britney Griner back to America. The second part was added by the author after the swap.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 29, 2023. The original post can be accessed via the Archived Link button above.

How Nike’S Trademark Infringement Lawsuit Against Kool Kiy & Omi May Benefit From China’S Wuhan Intermediate People’S Court’S Approach To Mediation, Daniel Hyungtae Kim

Cardozo Journal of Conflict Resolution (CJCR) Blog

In November 2022, Nike filed a trademark infringement lawsuit against Kool Kiy, Omi, and China-based manufacturer Xiamen Wandering Planet, garnering nationwide media attention. Particularly, Wandering Planet was accused of playing an integral role in the infringement by providing the sources to produce knockoff sneakers using Nike’s registered Air Jordan 1 and Dunk trade dress for Kiy and Omi. The manufacturer allegedly “knowingly participate[d] in a scheme to intentionally create confusion in the market place and capitalize on it.” Indeed, some confused consumers could not tell the difference between Kool Kiy’s products and Jordan’s. Nike’s staunch commitment to proceeding with litigation …

Confidentiality In Art-Related Adr: A Need For Change?, Olivia Huey

Cardozo Journal of Conflict Resolution (CJCR) Blog

Art and cultural heritage disputes can involve a variety of subject matter and “sensitive non-legal issues of a commercial, cultural, ethical, historical, moral, religious, or spiritual nature, while more often than not having a distinct international character. For such complex matters, there has long been conversations about the benefits of using ADR mechanisms instead of traditional litigation to address the issues that are highly relevant and important to the parties, but which courts are often not equipped or designed to address. Art-related disputes often involve not only a variety of private parties such as artists and art dealers but also …

Behind The Scenes Of Controversial International Commercial Arbitration: Case Study Of Heirs To The Sultanate Of Sulu V. Malaysia, Tze Chin Ong, James Ding Tse Wen

Indonesian Journal of International Law

Recently, an ad hoc arbitration final award of US$14.92 billion (approximately RM62.59 billion) in favour of the heirs of the 19^th-century sultanate, the late Sultan of Sulu, Sultan Jamalul Kiram II against Malaysia (the “Award”) that was handed down by a sole arbitrator had created much discussion in the international public and private law arena. Following the issuance of the n Award, Malaysia challenged the Award in the Paris Court of Appeal and successfully stayed the Award’s enforcement in France on July 12. During the same time, on July 11, two Luxembourg-registered subsidiaries of the Malaysian …

Competent Forum And Applicable Law In Personal Data Protection With A Foreign Element, Muhammad Faqih Adhiwisaksana, Tiurma Mangihut Pitta Allagan

Indonesian Journal of International Law

This research analyses on personal data protection with a foreign element as a private international law issue, focusing on competent forum and applicable law. The author uses a juridical-normative research method with literature studies to explain the relevant private international law principles, as well as Indonesian laws and regulations surrounding competent forum and applicable law regarding competent forum and applicable law on personal data protection with a foreign element. The study found that various private international law principles may be used to determine the applicable law in personal data protection with a foreign element dispute, such as nationality, place where …

Ending Forced Arbitration Of Sexual Assault And Sexual Harassment, Lizzie Neuburger

Cardozo Journal of Conflict Resolution (CJCR) Blog

Mandatory arbitration clauses in employment contracts are standard, limiting legal remedies available to employees who are sexual harassment and sexual assault victims and serving as a potential barrier to justice. However, the rise of the 2017 #MeToo movement revealed the prevalence of sexual harassment and assault, triggering lawmakers to focus on legal reforms for these areas in the workplace.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 25, 2023. The original post can be accessed via the Archived Link button above.

Mental Health Matters Act, Not Just Mental Health, Ethan Krantz

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Mental Health Matters Act, HR 7780, passed the House on September 29, 2022, by a vote of 220–205. The proposed resolution, currently awaiting a vote in the Senate, authorizes funding for the development of curricula that improve mental health for children, relaxes requirements for required documentation of disabilities, and allocates funding to research workplace stress across all industries in the wake of COVID-19. These provisions characterize bipartisan support to expand mental health resources and services for students and professionals.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 19, 2023. The original post …

Problem-Resolution Lawyering Across The Twenty-First Century Law Curriculum, John Lande

Faculty Blogs

This post highlights an article by Kris Franklin and F. Peter Phillips. They argue, “Framing lawyers’ professional role as helping clients resolve problems – and therefore in turn, conceiving law school coursework as preparation for that role – should alter teaching, learning, and law practice in ways that inevitably improves each.” The article includes “exemplars” of ways to shift the legal curriculum to focus on lawyers as problem resolution partners.

A Proposal For The Joint Development Of Generative Ai For The Dispute Resolution Profession, John Lande

Faculty Blogs

This post by Gary Doernhoefer proposes the development of a data set for the dispute resolution profession as the basis for AI systems. The ideal model would be for a collaboration in the dispute resolution field to create the refined data set, establish guardrails, and set privacy parameters for the use of the data. This would involve a centralized advisory board to address concerns such as (1) privacy requirements for how the queries are received, stored, and used, (2) the expertise needed to curate additional training materials, (3) shared costs of development, and (4) gaining the cooperation of industry authors …

Lights, Camera, Mediation: Why Public Figures In The Entertainment Industry Are Turning To Adr Processes To Resolve Their Disputes, Halle Jaffe

Cardozo Journal of Conflict Resolution (CJCR) Blog

Imagine walking up the cold, stone stairs leading into a courthouse: your heart is pounding, your palms are sweaty, and you are fearful as to what the judge or jury who patiently await your arrival may decide. To make matters worse, you are surrounded by dozens of flashing lights, reporters are firing questions left and right, and your face will appear on every news outlet in the country within seconds.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 12, 2023. The original post can be accessed via the Archived Link button above.

To Strike Or Not To Strike: The Call For Mandatory Adr In Private Teaching Union Disputes, Jessica Lalehzar

Cardozo Journal of Conflict Resolution (CJCR) Blog

In November of 2022, nearly 1,800 adjunct faculty members at The New School in New York City went on a three-week long strike. The strike came after the university “failed to raise wages in pace with inflation,” prompting hundreds of students and faculty to walk out. The strike became the United States’s longest ever by adjunct faculty, which compose 90% of the university’s faculty. Many classes were cancelled as a result, leading to frustration among students and parents during a critical point in the semester. The union representing adjunct faculty, the ACT-UAW Local 7902, faced difficulty in reaching a negotiation …

Pass The Salt: Problem-Resolution Lawyering Across The Twenty-First Century Law Curriculum, Kris Franklin, F. Peter Phillips

Pepperdine Dispute Resolution Law Journal

Attorneys work with clients to resolve problems. Legal education can help prepare law graduates to do that work. As an added bonus, doing so would in turn help law students understand and retain the subjects they study. Law professors who teach alternative dispute resolution, lawyering skills, clinics, and sometimes traditional doctrinal courses, have all called for greater inclusion of dispute resolution in the law school curriculum. Some have urged the introduction of specific courses to prepare contemporary law students to work as problem resolvers. This Article builds on these and other calls for reform, but urges a genuine reconceptualization of …

Masthead & Table Of Contents, Patrick Babajanian

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Pipeline Coordination: The Importance Of Properly Defining An Arbitral Tribunal’S Authority In Gas Price Review Arbitration, Aikaterini (Katerina) Karamousalidou

Pepperdine Dispute Resolution Law Journal

Unprecedented events in international gas commerce have significantly increased gas pricing disputes. International arbitration, as a neutral and binding process, offers a plethora of advantages to international players of the energy industry who are interested in resolving their disputes in an efficient way. However, gas price review is extremely complex. In particular, a gas price review clause is what delineates an arbitrator’s mandate and hence, arbitrators must be prudent to pay careful attention to act within the boundaries of their authority. Failure to do so may result in the award being set aside. This paper addresses: (1) the determination of …

Shifting Into “Neutral”: Evaluating Mediation As A Peaceful Alternative To The Forceful Resolution Of The 2022 Canada–Freedom Convoy Dispute, Teresa (Tessa) Griego

Pepperdine Dispute Resolution Law Journal

In early 2022, the Canadian government found itself confronted by a group of truck drivers—in what came to be known as the “Freedom Convoy”—protesting government-imposed restrictions related to the COVID-19 pandemic. This article evaluates how mediation could—and should—have been used as an effective means for the government and protestors to resolve their dispute. It begins by defining the government health and safety measures that prompted the protests and describing the ensuing protest movement by the Freedom Convoy. The article then discusses the protest’s implications on commerce and on the communities where it was located. Next, the article describes the unilateral …

The New Normal: Navigating Legal Challenges In The World Of Influencer Marketing & How Adr Can Help, Olivia Davis

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Calming The Caucasus: Neutralizing Azerbaijan’S Military “Batna” To Restart The Peace Process In Nagorno-Karabakh (Artsakh), Patrick Babajanian

Pepperdine Dispute Resolution Law Journal

The article begins by surveying the historical background of the Artsakh conflict, from its ancient roots to the immediate aftermath of the 2020 war. It then introduces the key issue I identify as obstructing the peace process from resuming, namely Azerbaijan’s calculation that its military BATNA outweighs any value of continued negotiation. Next, the article evaluates two legal tactics the United States could implement in its national capacity to correct this situation, focusing on actions intended to limit Azerbaijan’s military strength by withholding foreign aid and enacting targeted sanctions, with the goal of achieving greater parity between Armenia and Azerbaijan …

Web3 And Adr: Is Decentralized Adr The Answer To Blockchain Dispute Resolution?, Avi Kafka

Cardozo Journal of Conflict Resolution (CJCR) Blog

We live in a new digital reality. Along with new Web3 foundational technologies and uses like blockchain, DAOs, and the metaverse, new kinds of conflicts arise that courts are not properly situated to handle. With these new technologies come important theoretical and practical discussions on ADR concerning blockchain and smart contracts.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 3, 2023. The original post can be accessed via the Archived Link button above.

Kukin Program Newsletter – Spring 2023, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Spring 2023 highlights significant events and achievements in Cardozo Law's Alternative Dispute Resolution (ADR) initiatives. Key features include Gloria Steinem receiving the 22nd International Advocate for Peace Award, presentations by Securities Arbitration Clinic students to the SEC, and global representation at the ICC International Commercial Mediation Competition and other ADR competitions. The newsletter also covers impactful symposiums, such as "Negotiation Strategies for War by Other Means," and showcases the activities of the Cardozo Dispute Resolution Society and the Cardozo Journal of Conflict Resolution. Alumni achievements, faculty contributions, and new publications further demonstrate the program's dedication …