This paper presents a novel ‘legal process’ analysis to examine labour market institutions' role in addressing violations of migrants' labour rights in Indonesia. Examining 92 labour disputes and conducting qualitative interviews with stakeholders, the study explores Indonesia's primary...

This article investigates the significance of judicial review of arbitration awards for the continued efficiency and credibility of the arbitration system. It delves into why "judicial intervention" is so necessary for countries whose legislation and seat have been adopted since this guarantees...

Courts do not enforce contracts prohibiting a party from filing for bankruptcy, but what about contracts requiring that any bankruptcy filing and ensuing case be in arbitration rather than in court? This article is the first to envision unanimous arbitration agreements among all the parties to a...

Despite local instances of single arbitrators’ corruption not having proven completely absent from arbitration chronicles over the last decades, one may safely argue that until very recently, no scandal had ever been severe enough to shake the foundations of arbitration communities on a...

In the common law legal system, the main sources of law are habits that live in society as a legal culture, as well as agreements that have been agreed upon by the parties. Meanwhile, in the civil law legal system, the regulations set by the government are the main source of law. There are two...

The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system which is currently existing in Germany. To answer this question three essential characteristics of the current German patent litigation system are presented, i.e. the economic...

This paper attempts to appraise the use of alternative dispute resolution as a panacea to protracted election disputes in Nigeria. The hallmark of democracy in any given society is the conduct of free and fair elections. However, in almost every election, disputes are bound to occur and it is...

COVID-19 has been a crisis unexpected in scale and nature. It has changed many assumptions that we have about life and work. It has also forced drastic behavioural changes. Dispute lawyers everywhere are not spared. To a large extent, technology and the internet avoided a complete collapse in...

In recent years, advancements in blockchain as well as virtual and augmented reality technologies have led to the emergence of digital environments, commonly referred to as the “metaverse”. These virtual worlds offer users unprecedented ways to interact and conduct business, such as the use...

Mass arbitration has sent shock waves through the civil justice system and unnerved the defense bar. To see how quickly and dramatically this phenomenon has entered both the civil justice landscape and the public discourse, one need look no further than the January 2023 filings of hundreds of...

Disputes and conflict are inevitable and arise in every facet of business. While litigation is often unavoidable, Alternative Dispute Resolution (“ADR”) provides alternatives to protracted, costly, and public litigation and trials through courts and other public tribunals. Our purpose in...

Included in this bibliography is a selected set of dispute resolution and related professional responsibility and access to justice readings, primarily (although not exclusively) with a general negotiation and mediation focus. This bibliography is not comprehensive. Rather – given the breadth...

In March 2021, 82-year-old Cecile Wade, who suffered from dementia, was paralyzed by a stroke and admitted to the Evangelical Lutheran Good Samaritan Society Hospital in Florida. According to Cecile’s husband, Glennon, she could neither sign anything nor “comprehend what she would be signing...

Today, many employers require their employees, as a condition of employment, to agree to arbitrate employment-related legal claims rather than pursue them in court. While arbitration can be mutually beneficial, allowing parties to avoid the cost, time, publicity, and unpredictability associated...

Since antiquity, arbitration is well known in the Italian peninsula. Despite the fact that current Italian rules on arbitration are largely in line with those of other jurisdictions, as well as with international legal standards, Italy is generally perceived as a non-friendly arbitration...

Alternative dispute resolution procedures such as arbitration and mediation are the most common methods for resolving wage, contract, and grievance disputes, but they lead to varying levels of success and acceptability of the outcome depending on their design. Some innovative procedures, not yet...

Disagreements over business deals, land boundaries, or loan non-repayment are very common sources of disputes, and courts are congested in developing countries. We evaluate the effects of the government introducing formal "village courts" (VCs) in rural Bangladesh using a randomized controlled...

In many respects, the tale of the arbitration of consumer and employment disputes in the US and Canada is a similar one. Both jurisdictions were traditionally hostile to arbitration, both jurisdictions had a complete change of heart in recent years, and in both jurisdictions arbitration is...

The separability of an arbitration agreement from the underlying contract is a well-established theory in commercial arbitration. This theory has been applied by courts and arbitral tribunal across the globe without any deviance. However, the position becomes complex when the question is...

Arbitrability is whether parties to a transaction have submitted a particular dispute to be resolved via arbitration rather than by courts. In the arbitrability domain, a question that follows is “who decides” whether parties have determined arbitrators or judges should decide the...

It discusses an interesting legal issue on whether an unconscionable arbitration agreement should be void entirely, or merely severed the unconscionable bits. This piece focuses on the US law aspects discussed in the recent Canadian Supreme Court case of Uber v Heller.In particular, Côté J...

Med-Arb is a dispute resolution process that combines mediation and arbitration. Interest is increasing in Med-Arb because of a growing similarity between arbitration and litigation. As attorneys legalize and formalize mediation into a more evaluative and adversarial process, Med-Arb...

This research focuses on the resolving maritime disputes by arbitration and it would be the comparative analysis of UK and USA approaches. Furthermore, the research aims with relevant legal principles in the context of current maritime arbitration practices in UK and USA. Moreover, the focus is...

Arbitration in Kenya is no doubt on the rise as the most preferred method of resolution of commercial disputes. This paper considers the differences and similarities between arbitral proceedings commenced under the Civil Procedure Act and those commenced under the Arbitration Act, 1995. While...

When labor and management representatives enter into negotiations over a dispute, it is with the understanding that the process may not result in agreement between the parties. When the negotiations break down, the dispute often takes the form of economic warfare: a strike against the employer...

Generally, it is a well-settled position of the law that it is only parties to a contract that are imbued with the rights to sue and be sued on the obligations of the contract. Arbitration is the creation of a contract, i.e. consent of both parties can only be invoked by parties or signatories...

This article discusses Viking River Cruises, Inc. v. Angie Moriana, to be argued to the Supreme Court on March 30, 2022. The Court will address whether California’s Private Attorneys General Act (PACA) permits a plaintiff in a labor dispute to seek relief on behalf of hundreds of claimants and...

Companies have broad power to funnel employment disputes into individualized arbitration, thereby preventing employees from vindicating workplace rights in court. Recently, however, plaintiff-side lawyers discovered how to simultaneously file thousands of individual arbitration claims. Faced...

The law of taxation is usually one of the hardest fields of law, whether for law students or even practitioners. That fact does not change much when combining taxation with arbitration, but it actually becomes harder and more intricate, the first and main question that always come to mind is...

Courts responded to COVID-19 by going remote. In early 2020, as lockdown orders swept through the country, virtual hearings—which once were rare—became common. This shift generated fierce debate about how video trials differ from in-person proceedings. Now, though, most courts have reopened,...

International arbitration is deeply rooted in party autonomy. Parties are free to decide whether they want to resolve their disputes by arbitration at all; how the arbitral proceedings should be conducted; and who their adjudicators should be. While parties to state court litigation may be able to...

Arbitration is changing American law and its justice system. Critics argue that arbitration leads to claim suppression. Proponents contend that it is cheaper and less formal. These claims, particularly claim suppression, have not been empirically tested. Whether and how arbitration impacts...

This study analyzes a new set of data on the decisions of conventional arbitrators. The main goal is to draw inferences about the extent to which conventional arbitration decisions are fashioned as mechanical compromises of the parties' final offers, without reference to the exogenous facts...

Online labor platforms provide freelancers the opportunity to work for clients on a project basis. However, disputes can occur as a result of the platform users' attempts to game the system, disagreement on the work quality or uncertainty of the quality outcomes. Traditionally, the dispute would...

The racial justice protests that engulfed the country after seeing a video of the appalling killing of a Black male, George Floyd, by a Minnesota police officer in 2020 has led to a tremendous number of questions about dealing with racial issues in policing. Similar concerns arose a little more...

This Perspective considers the lessons that can be drawn from existing ISDS provisions for conciliation and mediation, and suggests improvements that can be made to future ISDS provisions. It also recommends that institutions produce guidance or templates to facilitate mediation or conciliation...

The construction industry and its dispute -- Third party involvement in the resolution of construction contract disputes -- Resolutions imposed by a third party -- Consensual resolution of disputes -- Conciliation of construction contract disputes in Ireland -- The use of other alternative...

Today as never before, commercial dispute processing is “mixed mode,” with business parties and counsel employing a variety of diverse approaches in order to promote their varied priorities in resolving conflict. Just as drivers on a multi-lane highway shift from lane to lane as...

As little commentary exists in English, it is the author’s hope that this note on the extension of the arbitration agreement to non-signatories in international arbitration in Latin America in light of the 2008 Peruvian “progressive” arbitration reforms will assist international...

In this paper we provide an empirical evaluation of the effect that the provision of an arbitration statute has on the wage levels of police officers. We analyze the effect of arbitration on wages by comparing wage levels across political jurisdictions and over time using a sample of states. Two...