Mandatory Arbitration Of Sexual Assaults In Maritime Law,
2019
St. Thomas University College of Law
Mandatory Arbitration Of Sexual Assaults In Maritime Law, Andrew Bratslavsky
St. Thomas Law Review
This Comment discusses the emergence of mandatory arbitration clauses in seafarer employment contracts, and how these clauses impact cases of sexual assault. Part II will trace the origin of arbitration, the history of seafarer rights and remedies, a Supreme Court decision that opened the door to arbitration of sexual assaults, and its progeny in the Eleventh Circuit. Finally, Parts III and IV will suggest solutions to address the issue presented in this Comment. With that in mind, this Comment does not aim to disparage or discredit arbitration at large. Arbitration, when mutually agreed to, can be an effective means of …
The New Singapore Mediation Convention: The Process And Key Choices,
2019
Touro College Jacob D. Fuchsberg Law Center
The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson
Scholarly Works
No abstract provided.
Sign Or Else: Employment Arbitration In The Wake Of An Epic Decision,
2019
Marquette University Law School
Sign Or Else: Employment Arbitration In The Wake Of An Epic Decision, Brendan Williams
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Intellectual Property: A Beacon For Reform Of Investor-State Dispute Settlement,
2019
Vanderbilt University Law School
Intellectual Property: A Beacon For Reform Of Investor-State Dispute Settlement, Daniel Gervais
Michigan Journal of International Law
This Article attempts to resolve clashes between intellectual property and investor-state dispute settlement (“ISDS”). ISDS clauses contained in bilateral, plurilateral, or multilateral trade and investment agreements give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitral tribunal. This jurisgenerative right to file a claim against a state in an international tribunal with mandatory jurisdiction is exceptional; it is generally reserved to other states. Only multinational corporations can use ISDS to file claims against states in which they invest, provided the state is party to a bilateral investment treaty (“BIT”) or a trade …
Letter From The Editor,
2019
American University Washington College of Law
Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement,
2019
American University Washington College of Law
Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp
Arbitration Brief
No abstract provided.
Arbitrators' Authority: Scope And Limitations,
2019
American University Washington College of Law
Arbitrators' Authority: Scope And Limitations, Horacio A. Grigera Naón
Arbitration Brief
No abstract provided.
Embracing Non-Icsid Investment Arbitration? The Chinese Perspective,
2019
Northwestern Pritzker School of Law
Embracing Non-Icsid Investment Arbitration? The Chinese Perspective, Meng Chen
Northwestern Journal of International Law & Business
This article introduces and examines Chinese arbitration institutions’ recent movements to expand non-ICSID investment arbitration services, which could potentially contravene existing relevant Chinese laws and judicial practice, and it explores the prospects for non-ICSID investment arbitration in China. The article first compares ICSID and non-ICSID investment arbitration to determine the differences between them and their respective selling points for stakeholders in investment disputes. Next, the article examines the diverse mechanisms involved and highlights the different rules that govern non-ICSID arbitration, including the rules established by Chinese arbitration institutions in recent years. The article then further analyzes the obstacles in existing …
Expanding Access To Remedies Through E-Court Initiatives,
2019
University of Missouri School of Law
Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz
Faculty Publications
Virtual courthouses, artificial intelligence (AI) for determining cases, and algorithmic analysis for all types of legal issues have captured the interest of judges, lawyers, educators, commentators, business leaders, and policymakers. Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes the use of a broad spectrum of technologies in negotiation, mediation, arbitration, and other dispute resolution processes. Indeed, ODR shows great promise for expanding access to remedies, or justice. In the United States and abroad, however, ODR has mainly thrived within e-commerce companies like eBay and Alibaba, while most public …
When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals,
2019
Barry University
When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker
Faculty Scholarship
No abstract provided.
From Skepticism To Reality-The Path To The Convention For The Enforcement Of Mediated Settlements,
2019
Yeshiva University, Cardozo School of Law
From Skepticism To Reality-The Path To The Convention For The Enforcement Of Mediated Settlements, Deborah Masucci
Cardozo Journal of Conflict Resolution
The United States Delegation to the United Nations Commission on International Trade Law's ("UNCITRAL") Working Group II submitted a proposal for the Convention for the Enforcement of Mediated Settlements ("Convention") in May 2014. The proposal was met with skepticism. Delegates questioned the necessity of a convention citing past discussions where similar proposals were tabled. Some commentators went so far as to call the proposal the "Mediators Full Employment Act." Despite the pushback, the Working Group II decided to proceed with discussions to determine what a convention would look like while gathering more information from business users about the need for …
International Advocate For Peace Award Acceptance Speech,
2019
Yeshiva University, Cardozo School of Law
International Advocate For Peace Award Acceptance Speech, James Paul Mccartney
Cardozo Journal of Conflict Resolution
On May 28, 2019, the Cardozo Journal of Conflict Resolution presented the Nineteenth Annual International Advocate for Peace Award to Sir James Paul McCartney at Cardozo Law School's forty-first Commencement Ceremony. What follows is a transcription of the award ceremony, including Sir McCartney's acceptance speech.
The Singapore Convention And The Metamorphosis Of Contractual Litigation,
2019
UNCITRAL
The Singapore Convention And The Metamorphosis Of Contractual Litigation, Jean-Christophe Boulet
Cardozo Journal of Conflict Resolution
This article addresses the grounds provided for in Article 5 of the Singapore Convention for the refusal of enforcement of a settlement agreement or for the refusal of a settlement agreement as evidence that the dispute has been resolved. It is divided into three sections. The first section briefly places these grounds in the context of the Singapore Convention as a whole as well as the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The second section is devoted to a more detailed examination of the various grounds listed in Article 5 of the Convention, …
Author Biographies,
2019
Yeshiva University, Cardozo School of Law
Two Bites At The Apple: The Prejudicial Burden In Arbitration Waiver,
2019
University of Georgia School of Law
Two Bites At The Apple: The Prejudicial Burden In Arbitration Waiver, Alexander H. Weathersby
Georgia Law Review
No abstract provided.
European Decision Could Have Killed Investment Treaties, Affecting Arbitration And Investments,
2019
University of Georgia Law School
European Decision Could Have Killed Investment Treaties, Affecting Arbitration And Investments, Peter B. Rutledge, Katherine M. Larsen, Amanda W. Newton
Popular Media
A dramatic upheaval in investor-state arbitration last year recently led to the apparent demise of investment treaties throughout Europe and could have broad implications for both international arbitration and foreign investments in the European Union. In May 2018, the Court of Justice of the European Union found in Achmea v. Slovak Republic that the bilateral investment treaty between the Netherlands and the Slovak Republic (a so-called intra-EU BIT) contained an arbitration clause that was incompatible with European law.
Digital Accessibility And Disability Accommodations In Online Dispute Resolution: Odr For Everyone,
2019
Mitchell Hamline School of Law
Digital Accessibility And Disability Accommodations In Online Dispute Resolution: Odr For Everyone, David Larson
Faculty Scholarship
Court systems are exploring and beginning to adopt online dispute resolution (ODR) systems, and it is critical that they make digital accessibility a priority. Even though we need to pay close attention to ODR developments in court systems, we cannot overlook the fact that there are ODR providers in the private sector whose systems also must be accessible for persons with disabilities. Plaintiffs filed more ADA Title III website accessibility lawsuits in federal court for the first six months of 2018 than in all of 2017. There were at least 1053 such lawsuits in the first six months of 2018, …
Designing And Implementing A State Court Odr System: From Disappointment To Celebration,
2019
Mitchell Hamline School of Law
Designing And Implementing A State Court Odr System: From Disappointment To Celebration, David Larson
Faculty Scholarship
For the past two and one-third years I have had the pleasure of working with the New York State Unified Court System to design and implement an online dispute resolution (ODR) platform. It truly has been an interesting, educational, at times character-building, and ultimately tremendously valuable experience. This article will share specific design components from the ODR platforms we proposed as well as some of the critical lessons I learned. The hope is that it will be helpful to those either contemplating, or in the process of implementing, a court integrated ODR system.
Understanding The Interaction In Mediation Caucuses: Negotiation Positions, Disputant Assessments, Bias And Neutrality,
2019
Bentley University
Understanding The Interaction In Mediation Caucuses: Negotiation Positions, Disputant Assessments, Bias And Neutrality, Angela Cora Garcia
Natural & Applied Sciences Faculty Publications
Previous research on how mediation helps disputing parties to reach resolution has not addressed the interaction in caucuses (i.e. separate meetings) between mediators and individual disputants which may be held in addition to the joint mediation sessions. This discourse-analytic study of videotaped mediation caucuses reveals both constructive and potentially problematic aspects of participants’ interaction during the caucuses. While some disputants engaged in constructive actions, such as articulating their bottom line negotiating position or sharing information with the mediator which had not been revealed in the joint session, others produced negative assessments of the opposing disputants. Also, mediators’ openness in expressing …
Contract Creep,
2019
Touro Law Center
Contract Creep, Tal Kastner, Ethan J. Leib
Scholarly Works
Scholars and judges think they can address the multiple purposes and values of contract law by developing different doctrinal regimes for different transaction types. They think if we develop one track of contract doctrine for sophisticated parties and another for consumers, we can build a better world of contract: protecting private ordering for sophisticated parties and protecting consumers’ needs all at once. Given the growing enthusiasm for laying down these separate tracks and developing their infrastructures, this Article brings a necessary reality check to this endeavor by highlighting for scholars and judges how doctrine in contract law functions in fact: …
