Modern Provisions In Investment Treaties,
2020
Columbia Law School, Columbia Center on Sustainable Development
Modern Provisions In Investment Treaties, Jesse Coleman
Columbia Center on Sustainable Investment Staff Publications
Governments are pursuing substantive and procedural reform of the international investment regime in recognition that there are fundamental, systemic, and interrelated concerns about current approaches to investment governance, and that current approaches have failed to meet their purported objectives.
A vast majority of the 1,023 publicly-known treaty-based claims have been brought under “old-generation” treaties. In 2018, for example, 60% of such claims were brought under treaties originally concluded in the 1990s or earlier, and all but one was filed under a pre-2011 treaty. These old-generation treaties include vague and far-reaching obligations for states, generally do not include any reference to …
Adversarial Failure,
2020
University of Nevada, Las Vegas
Adversarial Failure, Benjamin P. Edwards
Washington and Lee Law Review
Investors, industry firms, and regulators all rely on vital public records to assess risk and evaluate securities industry personnel. Despite the information’s importance, an arbitration-facilitated expungement process now regularly deletes these public records. Often, these arbitrations recommend that public information be deleted without any true adversary ever providing any critical scrutiny to the requests. In essence, poorly informed arbitrators facilitate removing public information out of public databases. Interventions aimed at surfacing information may yield better informed decisions. Although similar problems have emerged in other contexts when adversarial systems break down, the expungement process to purge information about financial professionals provides …
Sidra International Dispute Resolution Survey: 2020 Final Report,
2020
Singapore Management University
Sidra International Dispute Resolution Survey: 2020 Final Report, Nadja Alexander, Vakhtangi Giorgadze, Allison Goh
Research Collection Yong Pung How School Of Law
The International Dispute Resolution Survey: 2020 Final Report presents the findings of the Singapore International Dispute Resolution Academy’s inaugural examination into the preferences, experiences, practices and perspectives of international dispute resolution users around the globe. The survey examined three major international dispute resolution mechanisms: international commercial arbitration, international commercial mediation, international commercial litigation, as well as hybrid dispute resolution mechanisms such as mediation-arbitration and arbitration-mediation. The survey also inquired into the use of technology in international dispute resolution, such as predictive analytical tools and negotiation support systems, and asked the users to express whether they were satisfied with the use …
The Singapore Convention On Mediation: Supplying The Missing Piece Of The Puzzle For Dispute Resolution,
2020
Singapore Management University
The Singapore Convention On Mediation: Supplying The Missing Piece Of The Puzzle For Dispute Resolution, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
In late 2018, the United Nations General Assembly passed a resolution to adopt the UN Convention on International Settlement Agreements Resulting from Mediation and to make corresponding amendments to the Model Law on International Commercial Conciliation. The convention was named the Singapore Convention on Mediation (“Singapore Convention”) when it was signed by 46 countries on 7 August 2019, and will come into force on 12 September 2020. The Singapore Convention is meant to achieve for mediation what the New York Convention has done for international arbitration. Its future success is highly dependent on the sound application of its provisions by …
Description,
2020
University of Missouri School of Law
Masthead,
2020
University of Missouri School of Law
Comparative Method And International Litigation,
2020
University of Missouri School of Law
Comparative Method And International Litigation, Ronald A. Brand
Journal of Dispute Resolution
No abstract provided.
International Arbitration As Comparative Law In Action,
2020
University of Missouri School of Law
International Arbitration As Comparative Law In Action, Joshua Karton
Journal of Dispute Resolution
No abstract provided.
Addressing The Class Claim Conundrum With Online Dispute Resolution,
2020
University of Missouri School of Law
Addressing The Class Claim Conundrum With Online Dispute Resolution, Amy J. Schmitz
Journal of Dispute Resolution
No abstract provided.
Reasons To Avoid The Anchor: Negotiation In Patent Prosecution,
2020
University of Missouri School of Law
Reasons To Avoid The Anchor: Negotiation In Patent Prosecution, Kevin Johnston
Journal of Dispute Resolution
No abstract provided.
Mediation Of Investor–State Disputes: A Treaty Survey,
2020
University of Missouri School of Law
Mediation Of Investor–State Disputes: A Treaty Survey, Kun Fan
Journal of Dispute Resolution
No abstract provided.
Table Of Contents,
2020
University of Missouri School of Law
Comparative Law And International Dispute Resolution Processes: Looking Forward, Looking Back,
2020
University of Missouri School of Law
Comparative Law And International Dispute Resolution Processes: Looking Forward, Looking Back, S. I. Strong
Journal of Dispute Resolution
No abstract provided.
Faculty List,
2020
University of Missouri School of Law
The Potential Role Of Adr In Ncaa Academic Fraud Cases,
2020
University of Missouri School of Law
The Potential Role Of Adr In Ncaa Academic Fraud Cases, Katherine Ross
Journal of Dispute Resolution
No abstract provided.
International Dispute System Design: Shoals And Shifting Goals,
2020
University of Missouri School of Law
International Dispute System Design: Shoals And Shifting Goals, Janet Martinez
Journal of Dispute Resolution
No abstract provided.
The Reception Of Collective Actions In Europe: Reconstructing The Mental Process Of A Legal Transplantation,
2020
University of Missouri School of Law
The Reception Of Collective Actions In Europe: Reconstructing The Mental Process Of A Legal Transplantation, Csongor István Nagy
Journal of Dispute Resolution
No abstract provided.
Book Review: The Uncitral Model Law And Asian Arbitration Laws: Implementation And Comparison,
2020
Singapore Management University
Book Review: The Uncitral Model Law And Asian Arbitration Laws: Implementation And Comparison, Darius Chan
Research Collection Yong Pung How School Of Law
The project embodied by this book - a comparative survey of how every clause in the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration is implemented across 12 Asian jurisdictions - is as ambitious as it is breathtaking. Yet, if anyone can deliver on this scale, it would be Professor Gary Bell, an expert in arbitration law and practice based at the National University of Singapore (NUS) since 1996. Professor Bell is currently Director of the Asian Law Institute and Director of two NUS LLM programmes: Arbitration and Asian Legal Studies. He enjoys the …
What Users Say About International Mediators And Mediation Institutions: Part 2,
2020
Singapore Management University
What Users Say About International Mediators And Mediation Institutions: Part 2, Nadja Alexander, Allison Goh
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the key factors that influence users' choice of mediation institution and choice of the mediator are explored.
Why And How Users Make Choices In International Dispute Resolution: 2020 Sidra Survey,
2020
Singapore Management University
Why And How Users Make Choices In International Dispute Resolution: 2020 Sidra Survey, Nadja Alexander, Allison Goh
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the experiences and views of legal and client users from common and civil law jurisdictions on why and how they choose dispute resolution mechanisms to resolve cross-border disputes are analysed.
