Dispute Resolution and Arbitration Commons^™

Splitting Hairs: Resolving The Circuit Split On Aaa Incorporation In Class Arbitration Delegation, Jacob Petersen

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Accrual Of Cause Of Action In Negligence: Ipp Financial Advisers Pte V Saimee Bin Jumaat, Gary Kok Yew Chan

Singapore Law Journal (Lexicon)

Damage is the gist of the action in negligence. An action in negligence is said to accrue only when damage arises. The precise timing of the damage is an important factor in an application to strike out a claim in negligence on the ground that it was filed out of time contrary to the Limitation Act. Consequently, the lawsuit may have to be initiated within a specified period from the accrual of the cause of action.

Designing A State Court Small Claims Odr System: Hitting A Moving Target In New York During A Pandemic, David Allen Larson

Faculty Scholarship

When I began helping the New York State Unified Court System design a pilot online dispute resolution (“ODR”) system back in October 2016, I never imagined more than four years would pass before a system was implemented. One reason our journey was so long is because our target kept moving. After completing a detailed credit card debt collection ODR platform, we had to change direction before implementation and focus instead on small claims cases. Then like the rest of the world, we suddenly had to deal with the COVID-19 pandemic. Although it took longer than anticipated, we achieved our goal …

Alternative Dispute Revolutions: Technology And Adr In The Middle East Following The Covid-19 Pandemic, Zachary R. Calo, Barry Solaiman

Scholarly Works

This article seeks to close a gap in the literature on the use of alternative dispute resolution (ADR) in the Middle East. In particular, it examines unprecedented developments in countries situated in the Persian Gulf where a range of innovative institutions outside the domestic court system provide ADR services. Qatar, Saudi Arabia, and the United Arab Emirates host a number of sophisticated international courts as well as specialized dispute resolution centers backed by the English common law and recognised international arbitration and mediation rules. The COVID-19 pandemic has necessitated remote hearings around the world as courts seek to dispense justice …

28 Usc § 1782 In Aid Of Foreign Arbitration: "A Tribunal By Any Other Name", Attilio M. Costabel

St. Thomas Law Review

No abstract provided.

Ai In International Arbitration: Need For The Human Touch, Derick H. Lindquist, Ylli Dauta

Journal of Dispute Resolution

Technology is rapidly changing the way law is practiced. The legal profession, including arbitration, will feel the effect of technological advancements in AI and Legal Tech. In fact, the Covid-19 pandemic has already pushed arbitration to either be virtual in toto or hybrid in other cases. An exclusively physical arbitration hearing is currently the exception, rather than the norm. Admittedly this is a temporary and perhaps unsustainable situation, nevertheless the current landscape underscores that humans are replaceable.

The Grass Is Always Greener: Applying Adr To Marijuana Disputes, Garrison Harms

Journal of Dispute Resolution

As the public opinion of marijuana use continues to evolve, the legal landscape surrounding marijuana evolves as well. The progressive changes made in state law and accompanying range of legal permissibility have created problems for those that consume, cultivate, produce, and distribute marijuana and marijuana-infused products. Such challenges arise because federal law does not mirror the many different approaches taken by the states that have legalized--or, at least, decriminalized-marijuana use. Under federal law, the use, sale, or distribution of marijuana is illegal.

Religious Alternative Dispute Resolution In Israel And Other Nations With State-Sponsored Religious Courts: Crafting A More Efficient And Better Relationship Between Rabbinical Courts And Arbitration Law In Israel, Michael J. Broyde, Ezra Ives

Touro Law Review

No abstract provided.

Can Investment Dispute Settlement Ever Be Depoliticized?, Fernando Dias Simões

Cardozo International & Comparative Law Review

Investor-state arbitration was created with the hope of depoliticizing investment disputes. However, the adoption of the traditional party-appointment system, in which disputing parties play a direct role in the composition of the tribunal, is increasingly criticized. Many believe that party appointment is a tool ofpolitical influence over the arbitrators' interpretative space. Suggestions for reform of the system have proliferated. The most radical proposal currently on the table-the creation of a permanent investment court-would cause a paradigm shift in the selection of adjudicators, moving from a disputing party framework, to a treaty party context. This article analyzes different options to reduce …

Religious Alternative Dispute Resolution In Israel And Other Nations With State-Sponsored Religious Courts: Crafting A More Efficient And Better Relationship Between Rabbinical Courts And Arbitration Law In Israel, Michael J. Broyde, Ezra Ives

Faculty Articles

This paper proposes the expansion of both private and public options regarding religious arbitration in Israel, broadening both the choice of law and the choice of forum available to Israeli citizens in cases of either commercial law or issues of status (such as divorce, marriage, and conversion). The current law in Israel prohibits citizens from adjudicating their monetary disputes in state religious courts and treats private religious courts as no different from any other arbitration tribunal, precluding these private religious courts from marriage, divorce and conversion matters. We propose that both of these restrictions be lifted, while the role of …

In Contracts We Trust (And No One Can Change Their Mind)! There Should Be No Special Treatment For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor

Faculty Articles

The recent article In God We Trust (Unless We Change Our Mind): How State of Mind Relates to Religious Arbitration ("In God We Trust") proposes that those who sign arbitration agreements that consent to a religious legal system as the basis of the rules of arbitration be allowed to back out of such agreements based on their constitutional right to free exercise. This article is a response and is divided into two sections. In the first section, we show that such an exemption would violate the Federal Arbitration Act's (FAA) basic rules preventing the states from heightened regulation of arbitration …

International Commercial Courts In The United States And Australia: Possible, Probable, Preferable?, S. I. Strong

Faculty Articles

As worldwide interest in international commercial courts grows, questions arise as to whether individual nations can or should seek to compete in the “litigation market” by developing their own cross-border business courts. This essay compares the prospects of the United States and Australia in this regard, focusing on whether it is possible (Section II), probable (Section III), and preferable (Section IV) for one or both of these two federalized, common law nations to develop an international commercial court as part of their national judicial systems. The inquiry is particularly intriguing given that one country (the United States) has had a …

Arbitration In The Age Of Covid: Examining Arbitration's Move Online, Amy J. Schmitz

Cardozo Journal of Conflict Resolution

Arbitration has been moving online over time with the growth of the Internet and Online Dispute Resolution ("ODR"), which includes use of technology to assist online negotiation, mediation, arbitration, and variations thereof Online Arbitration ("OArb ") is nonetheless a unique subset of ODR because it usually culminates in a final and binding award by a neutral third party that is enforceable under the Federal Arbitration Act ("FAA"). Indeed, I have written about OArb on prior occasions, due to its unique status under the FAA and other arbitration laws. However, OArb was relatively limited until the COVID-19 pandemic sparked the acceleration …

The Uncertain Fate Of Asymmetrical Dispute Resolution Clauses In Arbitration Around The Globe: To Be Or Not To Be, Raluca Papadima

Scholarly Works

This article examines the validity and enforceability of asymmetrical dispute resolution clauses combining arbitration and litigation. Such clauses are currently favored by businesses in their search for a method of dispute resolution that provides a more favorable position for one of the parties to an agreement and ensures better enforcement against the assets of the counterparty.

The Reconstruction Of Mediation: A Shift Toward Cultural Competency And Social Sophistication, Wynne Reece

Mitchell Hamline Law Review

No abstract provided.

Police Arbitration, Stephen Rushin

Faculty Publications & Other Works

Before punishing an officer for professional misconduct, police departments often provide the officer with an opportunity to file an appeal. In many police departments, this appeals process culminates in a hearing before an arbitrator. While numerous media reports have suggested that arbitrators regularly overturn or reduce discipline, little legal research has comprehensively examined the outcomes of police disciplinary appeals across the United States.

In order to better understand the use of arbitration in police disciplinary appeals and build on prior research, this Article draws on a dataset of 624 arbitration awards issued between 2006 and 2020 from a diverse range …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Bargaining Justice: Negotiating Law In An Indian Bazaar, Andy Rotman

Seattle University Law Review

This Symposium Article details the bazaars in the city of Banaras and explains why it is an especially good test case for considering the topic at hand: Corporate Capitalism and the City of God. The article explores how Banaras challenges normative views of “corporate capitalism,” both in terms of how it is practiced in the city and the rules that govern it. It further focuses on the legal system that is mobilized to guide commercial exchange and daily life in the bazaars of Banaras, this legal system’s relationship to the city’s courts and police, and the relationship between these two …

A Philosophical Inquiry Into The Concept Of Territorial Sovereignty: A New Analytical Framework Of The Territorial Disputes In The China Seas, Henan Hu

Cardozo International & Comparative Law Review

Existing normative legal efforts that focus on territorial acquisition, appear inadequate in providing a uniform and final answer to the issue of territorial disputes in the South and East China Seas. China's historical claims are a unique and difficult issue therein. This article returns legal attention to the central concept of territorial sovereignty within territorial disputes by engaging in a philosophical inquiry to examine if the concept could be more fully understood and to ask to what extent do historical claims relate to the concept of territorial sovereignty and international law. This article argues that a definite answer to these …

2020 International Advocate For Peace Award, Melanie Leslie, Lela P. Love, Zachary Kriesberg, Prabha Sankaranarayan, Ken Cloke, Dave Joseph, Gwendolyn Meyers, Mary Montague, Shadia Marhaban

Cardozo Journal of Conflict Resolution

On September 23, 2020, the Cardozo Journal of Conflict Resolution presented its annual International Advocate for Peace Award to Mediators Beyond Borders International. What follows is a transcript of the event.