Exhaustion Requirements And Dispute Resolution Reform In Bilateral Investment Treaties,
2021
University of Georgia School of Law
Exhaustion Requirements And Dispute Resolution Reform In Bilateral Investment Treaties, William Crowder Gaskins Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Capitalization Of The Global Green Economy: An Analysis Of South Carolina's Current Foreign Direct Investment Efforts And Suggestions For Continued Sustainability,
2021
University of South Carolina
Capitalization Of The Global Green Economy: An Analysis Of South Carolina's Current Foreign Direct Investment Efforts And Suggestions For Continued Sustainability, William E. Hilger
South Carolina Law Review
No abstract provided.
Post-Grillo: New Family Mediation Protections And Revised Dangers,
2021
University of Arkansas at Little Rock William H. Bowen School of Law
Post-Grillo: New Family Mediation Protections And Revised Dangers, Kelly Browe Olson
Law Faculty Scholarship
Until Professor Trina Grillo’s article warned readers of its process dangers, the family mediation process was viewed as a positive antidote to extensive and costly litigation and as a valuable opportunity for families to work together informally to resolve their custody, support, and property issues. Grillo, an academic and a practicing mediator, asserted that family mediation was not living up to its potential, that mediators hurt women and minorities by mandating participation without lawyers, and that its use created a false sense of empowerment. She was concerned that some mediators were not neutral, failed to focus on clients’ individual needs, …
Digital Assets & License Protections In An Age That Denies Class Actions And Mandates Arbitration,
2021
University of Missouri School of Law
Digital Assets & License Protections In An Age That Denies Class Actions And Mandates Arbitration, Kevin Carr
Journal of Dispute Resolution
The battle of star system B-R5RB is probably a conflict and place that you have never heard of, even though an estimated £300,000 worth of property damage and loss occurred due to an interstellar battle on July 27, 2014. Hundreds of competing rival ships were destroyed, with over 7,600 individuals taking part in one of the single largest property disputes of the 21st century. The conflict lasted approximately 21 hours and had ripple effects across an entire galaxy. If this sounds like fiction, I assure you, it is not. You have likely never heard of star system B-R5RB or the …
Description,
2021
University of Missouri School of Law
Table Of Contents,
2021
University of Missouri School of Law
Clandestine Awards, Information Asymmetries, And Equality Of Arms In Investment Arbitration,
2021
University of Missouri School of Law
Clandestine Awards, Information Asymmetries, And Equality Of Arms In Investment Arbitration, Fernando Dias Simões
Journal of Dispute Resolution
Among the numerous criticisms leveled at investor-state arbitration over the years, it has almost become de rigueur to point out a lack of transparency. In this arena “transparency” refers to the extent to which the public may be aware of the existence of a dispute, have access to key arbitral documents, or attend oral hearings.
Disentangling Conflicts Of Laws In Eu And Member States’ Investment Agreements,
2021
University of Missouri School of Law
Disentangling Conflicts Of Laws In Eu And Member States’ Investment Agreements, Ottavio Quirico
Journal of Dispute Resolution
The European Union (“EU”) is integrated into global markets via an open investment regime, which has fostered the development of wide economic relations. In 2019, the net investment outflow from EU Member States toward third countries totaled $42,6761 million, while inflow totaled $47,3196 million. To regulate investment disparities since the establishment of the common market in the 1950s, EU Member States have concluded about 1400 multilateral investment treaties (“MITs”) and bilateral investment treaties (“BITs”) with third countries. EU Member States have also negotiated around 190 MITs and BITs inter se, or intra-EU investment agreements. Since the adoption of the Lisbon …
Faculty List,
2021
University of Missouri School of Law
Can Artificial Intelligence (“Ai”) Replace Human Arbitrators? Technological Concerns And Legal Implications,
2021
University of Missouri School of Law
Can Artificial Intelligence (“Ai”) Replace Human Arbitrators? Technological Concerns And Legal Implications, Gizem Halis Kasap
Journal of Dispute Resolution
Artificial intelligence (“AI”) is no longer a precursor to the future—it is already here in the mainstream. Some countries, for example, have started to implement AI-based technologies into their adjudication processes. It has been reported that Estonia is currently developing an AI judge that can adjudicate small claims disputes of less than º7,000 and that China already has digital courts presided over by an AI judge. Together with the triggering effect of such futuristic news, AI studies that predict the outcome of litigation have stirred heated debate about the possible arrival of AI judges.
Acceptable Lies In Contract Negotiations,
2021
University of Missouri School of Law
Acceptable Lies In Contract Negotiations, Stefanie Jung
Journal of Dispute Resolution
It is well established that lying is a widespread phenomenon in business-to-business (“B2B”) contract negotiations. Some of the most prominent lies may be those about the subject matter of the contract. However, negotiators also frequently lie about other aspects like offers from other potential buyers or sellers, the availability of their product, the legal situation regarding contractual aspects, as well as their emotions and preferences.
Masthead,
2021
University of Missouri School of Law
Keeping The Elderly Quiet: The Trump Administration And The Reincarnation Of Mandatory Arbitration In Nursing Home Contracts,
2021
University of Missouri School of Law
Keeping The Elderly Quiet: The Trump Administration And The Reincarnation Of Mandatory Arbitration In Nursing Home Contracts, Katey Peters
Journal of Dispute Resolution
Mandatory arbitration provisions are the current standard in nursing home admission contracts, but the legal arguments surrounding their enforcement raise questions concerning the validity of these standard provisions. Arbitration provisions allow nursing homes to limit the transparency into their operations and keep victims, and their families, quiet and out of the public eye. This, in turn, limits the understanding of the shortcoming of current regulations and where new regulations may help. The current Coronavirus Disease 2019 (“COVID-19”) pandemic has brought to light some of these otherwise hidden regulatory issues surrounding nursing homes. As a result, several states have tried to …
Supplemental Environmental Projects’ Wild Ride Is A Call For Legislative Action To Protect A Valuable Negotiation Tool,
2021
University of Missouri School of Law
Supplemental Environmental Projects’ Wild Ride Is A Call For Legislative Action To Protect A Valuable Negotiation Tool, Joel Smith
Journal of Dispute Resolution
In March 2020, the head of the Department of Justice’s Environmental Natural Resources Division (“DOJ ENRD”) issued a decision that fundamentally altered the federal government’s ability to address environmental harm. The decision removed a valuable tool from the negotiation toolbox that Department of Justice (“DOJ”) attorneys used for decades when negotiating settlements in civil enforcement of federal environmental protection laws. This policy change had the potential to significantly impact resolution of complex environmental disputes. In February 2021, the new Chief of the DOJ ENRD rescinded the 2020 memo in response to an executive order from newly elected President Joe Biden. …
Mediation Ethics: From Theory To Practice, Field, Rachael And Crowe, Jonathan. Edward Elgar Publishing, 2020,
2021
Singapore Management University
Mediation Ethics: From Theory To Practice, Field, Rachael And Crowe, Jonathan. Edward Elgar Publishing, 2020, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
For too long within the mediation field, there has been confusion on how the foundational principles of mediator neutrality, impartiality, and self-determination work together to bring about a fair outcome. There has been a corresponding lack of clarity on what the mediator does to ensure that these principles are collectively fulfilled through a consensual settlement. Astor (2007), who has written extensively on mediator neutrality, has described the mediator's role as maximizing party control. However, Astor also comments that making decisions aimed at maximizing party control is not simple and highly dependent on the context. The mediator has to intervene in …
‘Security For Costs’ Under The Icsid Regime: Does It Prevent ‘Arbitral Hit-And-Runs’ Or Does It Unduly Stifle Third-Party Funded
Investors’ Due Process Rights?,
2021
Pepperdine University
‘Security For Costs’ Under The Icsid Regime: Does It Prevent ‘Arbitral Hit-And-Runs’ Or Does It Unduly Stifle Third-Party Funded Investors’ Due Process Rights?, Young Hye (Martina) Chun
Pepperdine Dispute Resolution Law Journal
This Article considers security for costs under the ICSID regime. Given that all security for costs have been ordered against third-party funded investors—with the latest decision, Unionmatex, in January 2020, this Article examines prior ICSID decisions to determine whether third-party funded investors are prejudiced when it comes to security for costs. It further addresses whether an applicant’s right to a costs award is a “protectable right” under Article 47 and concludes that it is not. Finding that “arbitral hit-and-run” is a hypothetical concern not based on empirical evidence and providing that ICSID’s new proposed rules to its Arbitration Rules will …
Contents And Masthead,
2021
Pepperdine University
Contents And Masthead, Amy Jicha
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Private Juries Within The Arbitration Framework: A Third Path In Dispute Resolution,
2021
Pepperdine University
Private Juries Within The Arbitration Framework: A Third Path In Dispute Resolution, Lionel M. Schooler, Luke Gilman
Pepperdine Dispute Resolution Law Journal
In the context of a global pandemic and a resulting backlog of jury trials in the United States court system, this article explores the potential for employing a private jury system within existing arbitration law to provide a third path for parties seeking an expedient resolution of disputes by juries when impediments exist to jury trial in court. After an introduction and background on the current state of the global SARS-CoV-2 pandemic and its effect on court backlogs, we outline the law applicable to private jury proceedings, including (a) whether an arbitral award predicated on a private jury determination is …
Who Bears The Cost Of An Emergency: Balancing Billing's Effects On Health Care Providers, And Solutions Through Alternative Dispute Resolution,
2021
Pepperdine University
Who Bears The Cost Of An Emergency: Balancing Billing's Effects On Health Care Providers, And Solutions Through Alternative Dispute Resolution, Hayden Tavoda
Pepperdine Dispute Resolution Law Journal
Arbitration, as well as other forms of alternative dispute resolution, provide many benefits for all parties when a dispute arises, such as faster results and less expense and time than litigation, and the potential for more qualified finders of fact on a specific topic rather than a jury of peers. In the following case note, Part II will focus on the background of different types of health insurance carriers in the United States, the Knox-Keene Act, and the California Assembly Bill 1611.20 Part III will discuss more specifically the issues that stem from balance billing through explicit cases. Part IV …
Arbitration With Government,
2021
Pepperdine University
Arbitration With Government, Jack I. Garvey
Pepperdine Dispute Resolution Law Journal
Arbitration is today increasingly dominant in the affairs of government. As a principal means of alternative dispute resolution, the utility of arbitration has brought it far beyond the confines of private law. The expanding role of arbitration is now broadly evident in agreements with governments and governmental entities at state and federal levels, and in international agreements involving governments. The question this poses for the lawyer working for government, or private parties contractually bound to arbitrate with government, is whether the adoption of arbitration for disputes involving government constitutes a fundamental shift of dynamics requiring a strategic shift in perspective …
