Dispute Resolution and Arbitration Commons^™

The Role Of Investment Treaties And Investor–State Dispute Settlement (Isds) In Renewable Energy Investments, Ladan Mehranvar, Sunayana Sasmal

Columbia Center on Sustainable Investment

Achieving our global goals of universal access to clean energy and averting a climate crisis will require a mass scale-up of investments in renewable energy infrastructure, redirecting capital from carbon intensive energy and transport systems. The International Renewable Energy Agency estimates that the transformation of the energy system alone will need cumulative investments to reach USD 110 trillion by 2050 to keep the rise in global temperatures to well below 2°C and towards 1.5°C during this century. Of that amount, over 80% will need to be invested in renewables, energy efficiency, end-use electrification, and power grids and flexibility.

The private …

Rethinking Absolute Immunity From Defamation Suits In Private Quasi-Judicial Proceedings

The University of New Hampshire Law Review

No abstract provided.

International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel

Research Collection Yong Pung How School Of Law

Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The obvious venue for commercial disputes to be decided is generally understood to be in court (litigation)2 or before an arbitral tribunal (arbitration)3. However, there are numerous other alternative dispute mechanisms4 available to parties that are less well known and also deserve consideration; not least because they offer parties methods of resolving the dispute between …

Negotiation Strategies For War By Other Means, Cardozo Journal Of Conflict Resolution

2022–2023 Flyers

On Friday, November 18, 2022, the Cardozo Journal of Conflict Resolution hosted the Melnick Annual Symposium on “Negotiation Strategies for War by Other Means.”

This Symposium examined the changing landscape of international conflicts and the role that dispute resolution can play in preventing and improving cross-border discord.

After a keynote address by Anne Leslie (Cloud Risk and Controls Leader at Europe IBM and IBM’s Cloud for Financial Services), our three panels featured academics and practitioners in the fields of dispute resolution and cyber security who discussed the history of hybrid warfare and the way it unfolds in the real world, …

Negotiation Strategies For War By Other Means, Cardozo Journal Of Conflict Resolution

2022 Event Invitations

The symposium will explore the changing landscape of international conflicts and the role that dispute resolution can play in strengthening capacity to respond effectively. The keynote address will be given by Anne Leslie, who leads the Cloud Risk and Controls Europe division at IBM, as well as IBM’s Cloud for Financial Services.

The program will consist of three panels featuring academics and practitioners in the fields of dispute resolution and cyber security who will discuss: the history of hybrid warfare and the way it unfolds in the real world; the various ways negotiation theory applies and how it can address …

Arbitration In Securities Exchange Trading Contracts Concluded Between The Financial Intermediary And The Investor In Light Of The Uae Law, Ramzi Madi Dr., Samer Al-Maaytah

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

With the growing role of financial brokers in securities exchange trading operations in stock markets and their monopoly of buying and selling securities for the account of investors in the financial markets, this has led to the emergence of many disputes between financial brokers and their clients resulting from buying and selling orders for the purpose of concluding trading operations issued by the investor for financial intermediate.

Because of the technical nature of securities exchange trading operations, many countries have sought to find appropriate means to settle such disputes of a special nature, and found that arbitration is one of …

The Arbitration Of Interim Relief In Terms Of Comparative And Emirati Law, Prof. Sayed Mahmoud Ahmed, Mahmoud Fayyad Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The interim protection for legal rights is one of the methods of judicial protection that avoids the risk of delay in the implementation of the law and in providing objective protection for these rights and centers, as well as to preserve them from this risk by taking urgent, temporary or conservative measures by issuing judgments or orders. Therefore, the aim of this research is to answer the following questions: does the arbitrator have the right to consider interim requests to achieve this protection, and if yes what is the legal base of this authority? What are the authorities of the …

Settlement Of Disputes Arising From Documentary Credit Under National And International Regulations, Dr. Hoda Magdy Nour

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The need Settlement of disputes arising from bank credit between national and international rules, protecting the interests of the bank and ensuring its financial rights before the debtor.

As the Bank faces different technical and legal difficulties, as well as the multiplicity of legal adaptation, we deal with the rules governing banking accreditation from the point of pleadings law, and the methods of amicable settlement of these disputes and following, and compulsory execution.

International efforts are taking the lead in establishing the technical regulation of bank accreditation and setting rules "DOCDEX" in 1997, and the 2015 amendments, which still need …

Law School News: Omshehe Wins Top National Prize With Securities Regulation Article 11-4-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Shifting The Central Paradigm To Dispute System Design, John Lande

Faculty Blogs

This post argues that instead of identifying our field as ADR, we should use dispute system design as our central theoretical framework. Although people often think of DSD as being used only in large organizations, individuals and small practice groups also handle streams of cases and can use these principles and techniques to improve their case management and dispute resolution procedures. DSD is about tailoring dispute systems to the needs of stakeholders, especially disputing parties. Good designs fit the stakeholders’ context and culture so that the dispute processes produce as much satisfaction of the parties’ procedural and substantive goals as …

Book Review: Mediation Ethics: A Practitioner's Guide Edited By Omer Shapira Ed, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

A review of the book Mediation ethics: A practitioner's guide, edited by Omer Shapira. Mediation ethics have been consistently featured in mediation training courses and mediation ethical principles have also been encapsulated in mediation providers’ codes of conduct for mediators. However, mediation ethics have probably inspired fewer publications and academic discussions than the popular topic of mediation skills. It is thus timely that Shapira has edited this publication focusing on mediation ethics. Published in 2021, this collection of reflections on mediation ethics has been written primarily for the American mediation profession, with frequent references made to the US Model Standards …

Houston, We Have A Problem In The Dispute Resolution Field, John M. Lande

Faculty Blogs

Parties are supposed to actively participate in mediation (and other dispute resolution processes to some extent), and thus they need to understand what experts are saying. Lawyers representing clients in mediation especially need to understand the process to fulfill their ethical responsibility of competence. And certainly mediators should understand basic concepts of mediation.

Boba Fett, Bounty Hunters, And The Supreme Court’S Viking River Decision: A New Hope, Imre S. Szalai

Washington and Lee Law Review Online

The United States Supreme Court recently issued a fractured decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (June 15, 2022), a classic David v. Goliath clash between a worker and employer. Can arbitration agreements be used to eliminate group or representative actions brought against employers, where the plaintiff worker is serving as a bounty hunter for the State? Although the majority clearly holds that a worker’s individual claims must be sent to arbitration pursuant to a predispute arbitration agreement, the splintered opinions leave some uncertainty regarding what happens to the representative claims of the other …

The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide, Lela Porter Love

Texas A&M Law Review

Carrie Menkel-Meadow (sometimes referred to as “Carrie” herein) is famous in the dispute resolution world as one of the field’s founders. Her prolific writing on dispute resolution—negotiation, mediation, arbitration, and the variants of these major processes—evidences an unrivaled passion for the subject. A renaissance thinker, her intellectual explorations also extend to other areas such as women’s rights and restorative justice for victims of egregious wrongs.

Her multiple passions sometimes create dynamic tensions. For example, what happens if mediation norms threaten a woman’s rights? Or if mediators divert the focus of a dispute resolution process to the future, neglecting a horrific …

Introduction To The Renaissance Woman Of Dispute Resolution: Carrie Menkel-Meadow’S Contributions To New Directions In Feminism, Ethics, And Adr, Nancy A. Welsh

Texas A&M Law Review

Introduction to Texas A&M Law Review's 2022 Symposium Issue

Choices: The Many Routes To Justice And Peace With Dispute Resolution, Ethics, And Feminism, Carrie Menkel-Meadow

Texas A&M Law Review

As Yogi Berra once said, “When you come to a fork in the road. . . . take it[!]” Our lives present us all with choices—personal and professional. My professional life has been filled with efforts to create more choices of process and ethical and political commitments to seek a more just world. I began as a poverty and civil rights lawyer and sought effective and creative ways to solve problems, notably when court-based solutions were too “brittle” and binary and did not solve the underlying problem. I have looked at legal problem solving through the lens of interdisciplinary approaches …

It’S In The “Telling” (By Asking): A Passover Analogy To Explain The Enduring Foundational Nature Of Carrie Menkel-Meadow’S Dispute Resolution Scholarship, James R. Coben

Texas A&M Law Review

One true measure of whether ideas are “foundational” is whether they will resonate with future generations. Judaism, one of the world’s oldest religions, offers an annual ritual—the Passover Seder—that exemplifies success in passing down foundational ideas. That ritual, among other things, posits that to tell an enduring story, it must be told in ways that inspire many different kinds of people—with widely disparate motivations, perspectives, and abilities—to engage with, relate to, and understand the story. This Essay asserts that Carrie Menkel-Meadow’s dispute resolution scholarship is very much a successful “telling” with many characteristics remarkably similar to the Passover Seder. And …

Process Pluralism In The Post-Covid Dispute Resolution Landscape, Orna Rabinovich-Einy

Texas A&M Law Review

Among her numerous contributions as a founder of the field, Professor Menkel-Meadow coined and developed the term “process pluralism,” one of the most influential concepts in the dispute resolution arena. Process pluralism serves both as a descriptive lens in observing the dispute resolution landscape and as a normative prism through which various procedural schemes can be evaluated and procedural reform can be devised.

In the last few years process pluralism has gained new meaning as diversity in procedural avenues increasingly encompassed a broader range of mediums. Initially, such additional procedural choices existed mainly in written asynchronous form, but with the …

Carrie Menkel-Meadow: Leading Us Toward Justice And Peace, Jean R. Sternlight

Texas A&M Law Review

This Essay explores how Carrie Menkel-Meadow’s life and work have both highlighted the path of “And”—showing and explaining that it is not only possible but also desirable to seek justice as well as peace, to be both activist and neutral. Of course, tensions will remain. Regarding particular issues in specific moments we all must decide which path we can and should take. Which activism is best, and which goes too far? With whom can we or should we negotiate, and when should we instead say, “I can’t negotiate with this person or group”? When should we talk and listen, and …

Pluralistic Professionalisms: Religious Identity, Excluded Voice, And A Toolkit For The Periphery, Swethaa S. Ballakrishnen

Texas A&M Law Review

Assimilation of new entrants into the legal profession has been a signature strain of Carrie Menkel-Meadow’s research. Even if the empirical particularities have since evolved, her pathbreaking research on women lawyers and gendered lawyering processes remain prime examples of socio-legal work on lawyers with important theoretical extensions. For example, in Portia in a Different Voice, her now classic piece from 1985, Menkel-Meadow analyzes how numbers alone are insufficient indicia of feminization within the legal profession. Beyond the description of the state of the legal profession at the time of writing, her argument that we should pay attention to what lawyers …