This study analyzes the various key decisions of some Latin American jurisdictions where arbitral awards were sought to be enforced and how the awards or arbitral proceedings were treated by the jurisdictions. The Article demonstrated the improvements made and attitudes adopted by national...

The disputes over corporate credit bonds involve a high level of professionalism and a wide variety of parties. Their proper resolution is essential to maintaining the capital market order and protecting market participants’ rights and interests. Arbitration has the advantages of autonomy,...

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...

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...

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...

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...

Strategic litigation describes the phenomenon of lawsuits brought by civil society actors (activists and NGOs) in order to promote legal, political or social change. Prominent examples are business human rights and climate change litigation, where parallel lawsuits are filed in different fora at...

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,...

During the COVID-era, our world shifted to online dispute resolution mechanisms. The field of information technology has contributed a lot to the development of online dispute resolution systems including arbitration. New electronic contracting tools are being used by businesses all over the...

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...

We conduct an experimental analysis of signaling games using three models of arbitration. In the signaling model, the informed party in the dispute makes a settlement demand to the uninformed party. In conventional arbitration (CA), the arbitrator is free to impose her preferred settlement. In...

Religious arbitration is on the rise in the United States. Particularly noteworthy is its expansion beyond disputes that are confined to a particular congregation: religious arbitration can now be found in the commercial context, binding customers of religious proprietors and other...

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...

Trade disputes are a consistent occurrence in Kenya. This can be illustrated by the existence of various strikes in Kenya. Example of such strikes includes teacher’s strikes which have occurred consistently in Kenya and have a history of occurring regularly. A historical view of how trade...

The COVID-19 pandemic of 2020-21 changed working conditions for millions of Canadians quickly and dramatically. Employers responded by requiring employees to quarantine, implementing workplace COVID policies, disciplining employees who violated those policies, changing work schedules, cancelling...

Intellectual Property Rights (“IPR”) can be regarded as an incentive for an inventor or an author, granted or recognized by a state. IPR are enforceable erga omnes within the boundaries of the state. Member States of the Paris Convention Union and other relevant conventions are expected to...

The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for alleged breaches of international investment law. But the practise has grown increasingly controversial over the past decade, with respondent states refusing to pay damages, or...

For decades, the United States system of arbitration has been subject to nearly constant public criticism. Calling arbitration a rigged judicial system, consumer and employee rights groups have voiced opposition to the practice of "forced arbitration" whereby millions of Americans are...

This Essay discusses Third-Party Funding in Investment Arbitration. It describes the rise of third-party funding of investment arbitration; the debate over the definition of litigation/arbitration finance; the forms arbitration finance takes; the normative debate in favor and against third-party...

Arbitration has been moving online for some time, especially with the growth of Online Dispute Resolution (“ODR”), which includes using technology to assist online negotiation, mediation, arbitration, and variations thereof. Online Arbitration (“OArb”) is nonetheless a unique subset of...

For decades, the class action has been in the crosshairs of defense-side procedural warfare. Repeated attacks on the class action by the defense bar, the U.S. Chamber of Commerce, and other defense-side interest groups have been overwhelmingly successful. None was more successful than the...

We examine the role of arbitrator background for outcomes in investment arbitration. Both the investors and the host states expend a great deal of resources to influence the arbitration outcomes, raising an important question: is an arbitrator‟s decision biased toward his or her appointing...

Concerns over arbitrator impartiality and independence in ICSID arbitration have led to reform proposals geared towards a multilateral investment court. Due to the ad hoc nature of appointments, it has been suggested that arbitrators may strategically render decisions in biased ways with the...

In recent years, the age-old practice of parties appointing "their own" arbitrators to tribunals has come under attack by those who claim that party-appointed arbitrators inject bias into a tribunal that is supposed to be impartial. Various empirical studies seem to have confirmed the...

This Article shows that while a significant amount of commercial arbitration occurred at each stage of U.S. history, labor arbitration was extremely rare until the 20th century, and remained uncommon until the New Deal of the 1930s. In the late 19th and early 20th centuries—amidst vast...

The case law and literature to date have struggled to locate the rationale for the assignability of arbitration agreements. While different justifications have been proffered, each of them rests on questionable premises. This has given rise to a host of uncertainties over the rules which apply...

Arbitration has been moving online over time with the growth of the Internet and Online Dispute Resolution (ODR), which includes use of technology to assist online negotiation, mediation, arbitration, and variations thereof. Online Arbitration (OArb) is nonetheless a unique subset of ODR because...

China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved and how the changing landscape has developed.This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal...

This chapter explores various arbitration issues from East-West and common law-civil law comparative viewpoints. The term “East” refers generally to certain prominent Asian jurisdictions (e.g., China, Hong Kong, Singapore, Japan and Korea); while the “West” represents some of the major...

Once Hugo Grotius said in his book that there are two types of an arbitrator, one who is acting in the capacity of a judge and allowing every rule of law with the procedure. The other kind of arbitrator is who follows the concept of equity principle and the same can be linked to the law of...

Investment arbitration has long been dominated by a coterie of Western “grand old men.” Is it still? In this paper, we examine the inroads women have made, drawing on a new database of approximately 4000 individuals in investment arbitration. We exploit the variation in appointment...

In the field of economics, hysteresis refers to an event in the economy that persists into the future, even after the factors that led to that event have been removed. The coronavirus pandemic (or COVID-19) had such an effect, one that will last even after humankind finds a means to purge it. In...

There is a growing consensus that emergency arbitration is now a permanent and integral part of international arbitration. Commentators and practitioners recognise the significance of the emergency arbitrator mechanism in protecting the parties’ assets and interests. In emergency arbitration,...

In this post on the Kluwer Mediation Blog, the Singapore Court of Appeal case of Retrospect Investment (S) Pte Ltd v Lateral Solutions Pte Ltd [2020] SGCA regarding questions on dispute resolution clauses in a mediated settlement agreement (MSA) is analysed

This guidebook was collaboratively written by the first class of students to enter into the Jigme Singye Wangchuck School of Law (JSW Law), Bhutan’s first and only law school. It was originally conceived as a classroom assignment in a course on Alternative Dispute Resolution (ADR). In that...

It is disputed, whether non-national or transnational law rather than the law of a state, e.g. Swiss law, can be the applicable law in international commercial arbitration, and therefore, if non-national lex mercatoria can be the sole applicable law in International Commercial Arbitration. Even...

This article examines systemic issues arising from the calculation of the level of retaliation against WTO-inconsistent AD/CVD ‘measures’ by focusing primarily on two Article 22.6 arbitration cases, i.e. US – Washing Machines (Article 22.6) and US – Anti-Dumping Methodologies (Article...

In this paper the focus of the research is arbitration and conciliation in industrial dispute and its legal provisions. As we see in the current scenario industries are booming and have reached their paramount stage of development and still continue to grow. However with the development...

Labor arbitration is often viewed as a more peaceful, productive, and private alternative to workplace strikes and violence. On the other hand, statutory laws are intended to protect all workers, and contract law default rules and rules of interpretation often serve a protective role that could...

Internet technology makes digital value transactions between anonymous individuals possible, but leaves unanswered the question of how to resolve disputes between unidentified parties. Blockchain dispute resolution platforms provide a response to this problem. In the social dispute resolution...

Conflicts have existed in all cultures, religions, and societies since time immemorial, as long as humans have walked the earth. Since conflicts are an integral part of human interaction, one must learn to manage them, to deal with them in a way that will prevent escalation and destruction, and...

A major concern for any outside investor in the Middle East's largest economy is that arbitration in Saudi Arabia is notoriously complicated, time-consuming, and prone to interference by the local courts, while arbitral awards have often faced difficulties in being enforced.A new Saudi...

Arbitration has been the most sought after option not merely in domesticarbitration, but also that of international arbitration. Moreover, with theboom of international trade, more disputes have arisen, with most partiesopting for arbitration for dispute resolution. There is a growing reference...

This paper studies how litigation and settlement behavior is affected by agents motivated by spiteful preferences under the American and the English fee-shifting rule. We conduct an experiment and find that litigation expenditures and settlement requests are higher for more spiteful...

We develop screening models of final offer arbitration (FOA) in which the uninformed party makes a demand to the informed party. We consider models in which settlement occurs before and after the submission of binding offers, and in each we analyze costly discovery. Our results are compared to...