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...

Commentators and lawmakers have called attention to the rising frequency of contractual arbitration as a non-negotiable condition of many relationships. Indeed, it is a rare individual who is not subject to at least one pre-dispute, binding arbitration agreement. This Article studies common...

The award of almost ten billion dollars in damages against Nigeria for breach of its contract with P&ID and the leave granted by an English Court to enforce the judgment against Nigeria raises current issues of the practicality of enforcement of a judgment. In answering the question, we, having...

The lack of effective legal remedies builds barriers before business to consumer (hereinafter B2C) electronic commerce. In this regard, online dispute resolution (hereinafter ODR) mechanisms remedy this need through offering alternative ways to craft a more reliable market by increasing the...

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...

As with the proliferation of investor-state treaty arbitration, international investment law has been increasingly caught in a “legitimacy” crisis, with concerns looming large over resultant disruptive effects on human rights. Amid existing scholarship seeking to recalibrate the balance...

The emerging empirical literature on the economics of arbitration has focused primarily on the behavior of arbitrators under alternative forms of arbitration. This article suggests that it is natural for empirical economists to now expand their focus to include issues related to the behavior of...

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...

Dispute Resolution mechanism refers to that process used in resolving disputes between two or more parties through various ways for example arbitration, mediation and negotiation. This process is not new and it has emerged after the World War 2 and it is commonly known that it was started in...

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...

Arbitration clauses constitute one of the salient dispute resolution clauses in legal agreements. One of the well-known essences of having such clauses in agreements —apart from amicable resolution of grievances—is to foster business relationships without the need of proceeding to the...

The sinister turn in international law can be defined as the paradox created by successful decolonization efforts when 1) the colonization and decolonization are/were characterized by race, such as in the case of former apartheid states, 2) decolonization reverses the political and legal...

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...

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...

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,...

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 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,...

The power to appoint arbitrators under Section 11 of the Arbitration and Conciliation Act of 1996 was originally vested with the Chief Justice of India, or a High Court. In 2005, the Supreme Court of India re-characterized it as a judicial function. While the recent amendments have altered the...

This chapter considers the impact of the case law in investment arbitration proceedings on general international law. The chapter identifies apparent discrepancies between the practices of inter-State courts and tribunals established under general international law, on the one hand, and...

The world stands still, horrified by the wrath of COVID-19, the global economy has been brought down to its knees. The predictions of economic loss at the global stage as a consequence of COVID-19 range as high as $8.8 1 Trillion and it is undeniable that the road to recovery will not be a...

Arbitrators in investor-state disputes plainly owe duties to the parties. They are appointed to do a job and they must do that job and do it well: competently, diligently, ethically, expeditiously, fairly, impartially and independently, and properly. They must act with sound judgment, due care,...

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...

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...

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...

This paper analyzes deterrence, settlement, and litigation spending under two alternative procedural regimes, i.e., the adversarial versus inquisitorial systems. We present a general litigation model with three sequential stages---care, settlement, and litigation stages---and we test the...

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...

“American exceptionalism” has been used to reference the United States’ outlier policies in various contexts, including its love for litigation. Despite Americans’ reverence for their “day in court,” their zest for contractual freedom and efficiency has prevailed to result in U.S....

In this paper we study the complete evolution of a final-offer arbitration system used in New Jersey with data we have systematically collected over the 18-year life of the program. Covering the wages of police officers and firefighters, this system provides virtually a laboratory setting for...

Blockchain-based distributed ledgers (“Blockchain Ledgers”) provide an immutable, secure, and tamper evident alternative to conventional transactional modalities, one which also yields enhanced accountability, traceability, and transparency. The inherent benefits, and hence growing adoption...

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...