Dispute Resolution and Arbitration Commons^™

Can Restorative Justice Processes Help Improve Plea Bargaining In Uganda’S Criminal Justice System?, Hannah Gray

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Measuring Diversity In The Adr Field: Some Observations And Challenges Regarding Transparency, Metrics And Empirical Research, Maria R. Volpe

Pepperdine Dispute Resolution Law Journal

This article, which will address some observations and challenges of measuring diversity in the dispute resolution field, grows out of an invitation from Nancy Welsh to give a presentation at Texas A&M University Law School’s conference focusing on transparency, metrics, and empirical research. The theme of the conference provided a reminder not only about the necessity but also the urgency to deepen our thinking regarding diversity and inclusivity among dispute resolution neutrals by giving greater attention to the metrics needed for transparency and a better understanding of the field. What this article will illustrate is that the search for data …

It’S Time To Pay Up, The Justification For Higher Salaries For Wnba Players: An Analysis Of The Wnba’S Success And Employing Mediation Between The Wnba And Nba To Leverage Future Success, Lerae Ettienne

Pepperdine Dispute Resolution Law Journal

This comment looks at the potential positive effects that mediation can have in fostering a better relationship between the two leagues and for the WNBA and its players to get their much-deserved respect and compensation. First, the comment will go in depth regarding the structure of the WNBA, and its history to date. Next, the comment will examine the WNBA’s success despite the discrepancy in pay and the purported lack of viewership. The comment will then expound on the rise of mediation as one of the major ADR tools. Next, the comment will analyze the success of mediation in professional …

Ban The Box: Mediation’S Place In Criminal Reentry And Employment Rights, Shawn Anderson

Pepperdine Dispute Resolution Law Journal

This note will provide general insight into a growing civil rights movement through discussion of Ban the Box, then make the case for mediation as the best alternative for providing a remedy to applicants whose rights have been violated. Mediation can more effectively achieve the goals of Ban the Box by incentivizing applicants to report instances of nonconformity with the law, empowering the applicants to engage in honest discourse with their prospective employers, and combatting the negative stigma surrounding persons with criminal records that often keeps employers from hiring the qualified employees that they need.

Understanding Actual Dr Practice And Communicating Clearly About It, John M. Lande

Faculty Blogs

This post recommends we develop a common language of dispute resolution and increasingly use qualitative research methods.

Enough To Hang Your Hat On: Regulating Binding Arbitration Of Insurance Disputes In Texas, Timothy Azevedo

Texas A&M Journal of Property Law

Texas law is currently silent on the issue of whether insurance companies may sell insurance policies that require policyholders to bring coverage disputes to an arbitrator rather than the courts. As incentives increase for insurance companies to avoid costly litigation and for consumers to cut ever- increasing premiums, this creates a situation where a hasty, ill-considered proposal to allow such policy terms could shake the insurance market and public policy in the state for years to come. Rather than taking a reactive position, the Texas legislature should work with the Department of Insurance and stake- holders to affirmatively decide: (1) …

Beyond State V Loomis: Artificial Intelligence, Government Algorithmization And Accountability, Han-Wei Liu, Ching-Fu Lin, Yu-Jie Chen

Research Collection Yong Pung How School Of Law

Developments in data analytics, computational power and machine learning techniques have driven all branches of the government to outsource authority to machines in performing public functions—social welfare, law enforcement and, most importantly, courts. Complex statistical algorithms and artificial intelligence (AI) tools are being used to automate decision-making and are having a significant impact on individuals’ rights and obligations. Controversies have emerged regarding the opaque nature of such schemes, the unintentional bias against and harm to under-represented populations, and the broader legal, social and ethical ramifications. State v Loomis, a recent case in the USA, well demonstrates how unrestrained and unchecked …

Singapore As A Centre For International Commercial Litigation: Party Autonomy To The Fore, Adeline Chong, Man Yip

Research Collection Yong Pung How School Of Law

This article considers two recent developments in Singapore private international law: the establishment of the Singapore International Commercial Court and the enactment of the Hague Convention on Choice of Court Agreements 2005 into Singapore law. These two developments are part of Singapore’s strategy to promote itself as an international dispute resolution hub and are underscored by giving an enhanced role to party autonomy. This article examines the impact of these two developments on the traditional rules of private international law and whether they achieve the stated aim of positioning Singapore as a major player in the international litigation arena.

The Uncertain Path Of Class Action Law, Sergio J. Campos

Cardozo Law Review

For the past ten terms the Supreme Court has increased its focus on the law of class actions. In doing so, the Court has revised the law to better accord with a view of the class action as an exception to an idealized picture of litigation. This "exceptional" view of the class action has had a profound impact not only on class action law, but on procedural and substantive law in general. However, in the October 2015 term the Court decided three class action cases that support an alternative, 'functional" view of the class action, one that does not view …

Helping People Make Hard Decisions – And Making Them Ourselves, John Lande

Faculty Blogs

This post discusses surgeon Atul Gawande’s wonderful book, Being Mortal: Medicine and What Matters in the End, which critiques the way that the medical profession helps elderly patients make decisions. The post notes similarities with lawyers’ interactions with clients to help them make decisions in legal cases. It argues that Dr. Gawande’s prescriptions for medical practice also are relevant to legal practice. Lawyers generally should do a better job of listening to their clients, providing reasonably clear and accurate information about potential risks and benefits, helping them make hard decisions, and respecting their autonomy.

Process & Industrial Developments Limited V. Nigeria: Exception Under The Fsia When Award Has Been Set Aside By A Court Of The Country “Under The Law Of Which” The Award Was Made, Ndifreke Uwem

University of Miami International and Comparative Law Review

In March 2018, Process & Industrial Developments Limited (P&ID) filed a petition at the United States District Court for the District of Columbia to confirm an arbitral award against the Federal Republic of Nigeria. The proceedings were conducted in three phases – jurisdictional, liability, and damages. The arbitration provision in the underlying contract hardly represented a model of clarity. It provided for the application of the Nigerian arbitration act to any dispute between the parties. On the other hand, it specified London as the “venue” of the proceedings. This posed a problem as to whether Nigeria was the juridical seat …

Masthead & Table Of Contents, Carson W. Bennett

Pepperdine Dispute Resolution Law Journal

No abstract provided.

The Media, A Polarized America & Adr Tools To Enhance Understanding Of Perspectives, Ginsey Varghese Kramarczyk

Pepperdine Dispute Resolution Law Journal

This article will survey: (1) the intended role of the media in a democracy; (2) the current polarized political climate in the United States; (3) the challenges facing the twenty-first century with the growth of technology, cable news, and online platforms; (4) the media's role in perpetuating conflict; and (5) propose that media professionals use Alternative Dispute Resolution (ADR) tools and processes to increase the public’s understanding of differing perspectives in our conflict-laden political discourse.

Consenting To Counterclaims Under The Icsid Convention, Harshad Pathak

Pepperdine Dispute Resolution Law Journal

Counterclaims in investment treaty arbitration hold immense significance. Counterclaims have the potential to nullify biases and bolster the confidence of States in investment treaty arbitration. That being said, the multitude of jurisdictional hurdles faced by counterclaims under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) risk dampening the aforementioned potential. It is two of these hurdles emanating from the consensual nature of arbitration that I address herein. Part II of this article commences by analyzing the provisions of the ICSID Convention to derive the prerequisites of a valid counterclaim in investment …

Arbitration In Internal Dispute Resolution Programs: The Scarlet Letter “A” In Sexual Harassment Claims, Sarah Sachs

Pepperdine Dispute Resolution Law Journal

This Comment evaluates the use of arbitration and mediation as effective alternative dispute resolution mechanisms for resolving workplace sexual harassment claims. Part II discusses the legal development of sexual harassment claims in the workplace. Part III evaluates companies who use internal dispute resolution programs with mediation and arbitration to resolve workplace harassment claims. Finally, Part IV analyzes the advantages and disadvantages of companies designing and implementing internal dispute resolution programs to adjudicate workplace sexual harassment claims.

Houston, We Have An Arbitration: International Arbitration’S Role In Resolving Commercial Aerospace Disputes, Carson W. Bennett

Pepperdine Dispute Resolution Law Journal

This article explores the complimentary nature between the burgeoning private aerospace industry and international arbitration, as well as detailing how it could be advantageous to resolve these aerospace disputes in California. Part II outlines the new space race. It begins with the Ansari XPrize and follows some of the industry’s most significant developments. Part III explores the benefits of arbitration and how the characteristics of international arbitral proceedings cater to the common concerns of aerospace companies. Part IV catalogues the initiatives arbitral institutions have taken to customize an arbitration for aerospace disputes. This article argues that a specialized institution could …

The Singapore Convention On Mediation: A Framework For The Cross-Border Recognition And Enforcement Of Mediated Settlements, Timothy Schnabel

Pepperdine Dispute Resolution Law Journal

This article attempts to provide a definitive overview of the text, structure, history, and purpose of the Singapore Convention on Mediation (also known as the United Nations Convention on International Settlement Agreements Resulting from Mediation), a new multilateral treaty developed by the U.N. Commission on International Trade Law (UNCITRAL). The Convention, scheduled to open for signature in August 2019, provides a uniform, efficient framework for the recognition and enforcement of mediated settlement agreements that resolve international, commercial disputes — akin to the framework that the 1958 New York Convention provides for arbitral awards. Unlike the other primary international organizations that …

Planning For Good Quality Decision-Making In Mediation Using Two-Stage Mediation, John Lande

Faculty Blogs

This post describes risks of unplanned one-session mediations, planning for two-stage mediation, and benefits and risks of two-stage mediation.

A Court’S Continuing Obligation To Ensure Fairness Of Class Action Settlements, Filip Grzelak

University of Miami Law Review

In April 2010, Deepwater Horizon, a BP-operated drilling rig, exploded killing eleven workers and poisoning the waters of the Gulf of Mexico with 210 million gallons of oil. Some 90,000 cleanup workers become involved in the response; many became sick after exposure to crude oil and Corexit, a chemical used to disperse the oil. A class action against BP ensued. A settlement was reached in 2013 and provided for a two-phased compensation mechanism, which class action experts praised for effectiveness and fairness.

Soon, however, it became clear that the settlement was neither effective nor fair. Many cleanup workers were denied …

Preface, Peter L. Strauss

Chicago-Kent Law Review

No abstract provided.