Dispute Resolution and Arbitration Commons^™

C-Drum News, Fall 2019

The C-DRUM News

No abstract provided.

225 Years To The Jay Treaty: Interstate Arbitration Between Progress And Stagnation, Tamar Meshel

Cardozo International & Comparative Law Review

The article challenges the contemporary judicialized conception of interstate arbitration, arguing that it has strayed from its traditional purpose of effectively resolving disputes that are not suitable for judicial settlement. It advocates for a return to the hybrid nature of arbitration, which combines both legal and political dimensions, as reflected in the Jay Treaty. The article contends that a narrow, legalistic approach to arbitration often fails to address the complex, intertwined legal and political issues present in interstate disputes, such as territorial conflicts. It highlights the importance of arbitration as a flexible and effective mechanism for resolving such disputes, emphasizing …

Un-Übereinkommens Zur Internationalen Durchsetzung Von Mediationsvergleichen, Nadja Alexander

Research Collection Yong Pung How School Of Law

Das Singapur-Übereinkommenist ein multilateraler Vertrag, der einen Rechtsrahmenfür die erleichterte Zirkulation voninternationalen Mediationsvergleichen (IMV) über Landesgrenzen hinweg schafft.Das Übereinkommen erreicht dies, indem es den IMV den Status eines neuartigen, auf internationaler Ebene anerkannten Rechtsinstruments verleiht: Weder ein Vertrag noch ein Schiedsspruch mit vereinbartem Wortlaut; IMV,die in den Anwendungsbereich des Singapur-Übereinkommens fallen und dessen Voraussetzungen erfüllen, genießen eine einzigartige Stellung. Mit dem neuen Übereinkommen wird ein System für die Anerkennung und Vollstreckung vonIMV eingeführt.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Mediation And Millennials: A Generational Shift In Dispute System Preferences, Shawna Benston, Brian Farkas

Pace Law Review

Millennials have been the subject of intense media scrutiny for more than a decade. Studies have examined their social, financial, technological, and work habits. However, few studies have examined this generation’s attitudes or proclivities towards civil litigation. Such an examination presents two problems: First, the absence of data on litigants’ age makes an empirical study virtually impossible. Second, generalizations about an entire generation are inherently problematic, glossing over countless cultural, economic, familial, and demographic differences. Nevertheless, this Article argues that millennials’ experiences and educations have primed them, at the margins, to avoid litigation more than prior generations. Instead, this generation …

Child Protection Mediation Model Mediator Competencies, Kelly Browe Olson Co-Editor

Law Faculty Scholarship

The inspiration to develop “Child Protection Mediation Model Mediator Competencies” arose from the work completed on “The Guidelines for Child Protection Mediation,” referred to in this document as, “The Guidelines.” “The Guidelines” were developed by a diverse group of experts in the field of child protection mediation (CPM) who are members of the Child Welfare Collaborative Decision-Making Network (CWCDMN) convened under the auspices of the Association of Family and Conciliation Courts (AFCC). “The Guidelines” have been adopted by the AFCC and endorsed by the National Council of Juvenile and Family Court Judges and the Association for Conflict Resolution.

These “Child …

Enforcement Of International Settlement Agreements Resulting From Mediation Under The Singapore Convention – Private International Law Issues In Perspective, Shou Yu Chong, Felix Steffek

Research Collection Yong Pung How School Of Law

This article introduces the Singapore Convention on International Settlement Agreements Resulting from Mediation (“the Convention”). It discusses the enforcement of mediated settlement agreements under the Convention against the background of private international law. First, the Convention and its genesis are introduced. Second, the rationale and scope of the Convention are examined. Third, the Convention is placed in the context of private international law. Fourth, the requirements for enforcement of an international mediated settlement agreement (“IMSA”) under the Convention are laid out. Fifth, the grounds for refusal of judicial enforcement of IMSAs are examined. The article ends with a conclusion and …

Ten Trends In International Mediation, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this essay, the author offers an international overview ofmediation developments in the 21st century and identifiescontemporary influences such as artificial intelligence andthird-party funding. With a focus on mediation ofcross-border disputes, the author identifies ten trends ininternational mediation. These include the changing profileof cross-border disputants and corresponding developmentsin international mediation practice and law. The role ofmediators and lawyers is analysed in the context of theprofessionalisation of the field through credentiallinginitiatives and the new specialisation of mediation advocacy.With the growing internationalisation of mediation, there hasbeen greater appreciation of diverse practice models and thecultural assumptions underpinning them. These developmentsare explored along with …

Effectively Leveraging Technology In Mediation – Suggestions For A Way Forward In Asia, Eunice Chua, Asha A. Hemrajani

Research Collection Yong Pung How School Of Law

When conflicts are not resolved in today's connected world, disputes inevitably arise, leading to loss of business and credibility. Demand for dispute resolution, both domestic and cross-border, is on the rise, and mediation is a populat way to resolve disputes quickly and cost-effectively. However, despite the growth in the use of technology in various aspects of our lives, mediation in Asia has been slow to embrace technology. This paper starts with a brief introduction to Online Dispute Resolution ("ODR") and its history. It then seeks to explore how technology can be effectively leveraged in the mediation context, with a focus …

Preface, Lela P. Love

Cardozo Journal of Conflict Resolution

It is my great privilege to join Hal Abramson in ushering this reference book into the literature about the Singapore Mediation Convention. We were privileged to have drafters of the Convention and notable scholars converge at Cardozo Law School on March 18, 2019 for a symposium and to contribute to this book. And then we were able to share the excitement of the signing of the Convention by 46 countries in August 2019. Now we celebrate the publication of this reference book.

It’S Done: The Singapore Convention On Mediation, Nadja Alexander

Research Collection Yong Pung How School Of Law

It was an amazing week for Singapore! The highlight was the signing of the UN Convention on International Mediated Settlement Agreements Resulting from Mediation, now known as the Singapore Convention on Mediation, on 7 August 2019 (Wednesday) at the Shangri La Hotel in Singapore.

Enforcement Of International Mediated Settlements Without The Singapore Convention On Mediation, Eunice Chua

Research Collection Yong Pung How School Of Law

This paper considers how international mediated settlement agreements can be enforced without the Singapore Convention on Mediation. Although the Singapore Convention on Mediation represents an important contribution to facilitate resolution of cross-border disputes through mediation, it will take time before there are enough signatories to make a significant impact. Additionally, in deciding whether or not to become a signatory to the Singapore Convention on Mediation or to opt out of it if given the option, jurisdictions and potential users of mediation will need to be aware of what the available alternatives are. This paper discusses these alternatives, taking into account …

Piercing The Veil Of Confidentiality In Mediation To Ensure Good Faith Participation – An Untenable Position?, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Confidentiality is a foundational characteristic of the mediation process, a key feature that distinguishes mediation from litigation. However, the veil of confidentiality has been lifted for several purposes, including the courts’ assessment of the parties’ conduct so as to ensure good faith participation in the mediation. This article discusses how the mediation confidentiality and good faith participation may be concurrently promoted. It reviews the current approaches to upholding the general confidentiality and inadmissibility of mediation communications, and proposes ways to ensure that the veil of mediation confidentiality is pierced in highly circumscribed circumstances. It then examines the issue of whether …

Due Process Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.

The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian

Georgia Journal of International & Comparative Law

No abstract provided.

Recent Developments, Raelynn J. Hillhouse

Arkansas Law Review

No abstract provided.

Epic Systems Corp. V. Lewis: Singled Out By Corporations And A Textualist Supreme Court, American Workers Are Left To Fend For Themselves, Grace O'Malley

Maryland Law Review

No abstract provided.

Dispute Resolution Themes Abound In “Hamilton: An American Musical”, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

Robust dispute resolution themes run through Hamilton: An American Musical, Lin Manuel-Miranda's award-winning Broadway play about the United States' first treasury secretary. Many songs in Hamilton revolve around dispute resolution mechanisms that weave throughout Hamilton's life.

Blockchain And The Inevitability Of Disputes: The Role For Online Dispute Resolution, Orna Rabinovich-Einy, Ethan Katsch

Journal of Dispute Resolution

Blockchain seems to be everywhere these days. It is touted as the new foolproof technology, which can be used for everything from cryptocurrencies, through land registries to identity cards and health records. Enthusiasts have predicted that it will bring about deep change, ensuring data security and identity authentication, while doing away with traditional intermediaries. With blockchain we are told that it is the “new internet,” an application that will change the way we transact—strengthening commitments and ensuring seamless execution. At the same time, and at an alarming frequency, we hear about mass scale fraudulent schemes attacking cryptocurrency exchanges, resulting in …