What is the concept of international regimes? Let’s dive right in! With the rise of technology and the movement toward globally connected societies, there has been a need for some kind of international organization between countries on infrastructure and resource distribution. This is where the concept of international regimes finds itself. The study of international …
With the rise of arbitration as a way to resolve many consumer and employment disputes in somewhat recent history, it has become more common for companies to begin including class action waivers in their consumer and employment contracts. For example, the Microsoft Advertising Agreement includes a section labeled “Arbitration Agreement and Class Action Waiver.” This …
The UNCITRAL Arbitration Rules are a set of procedural rules that govern the process of arbitration and the international resolution of commercial disputes. These rules may be used both in proceedings administered by UNCITRAL or by parties and arbitrators who have chosen to use them. They provide a framework for the arbitration process and cover …
by Mikita Weaver I recently visited the Peace Palace in The Hague. The structure and layout of the building is a testament to its unique purpose. Andrew Carnegie contributed the funds to build the palace under two conditions: that it contain the largest international law library in the world, and that each member country contribute …
I. Introduction For a case to reach the appellate level is a rare feat indeed. It has been estimated that nearly ninety-five percent of all cases will settle before trial. Of the remaining five percent, only the most difficult and stubborn will proceed to the appellate level. This creates a unique environment for alternative dispute …
The International Bar Association’s Arbitration Committee is one of the world’s largest professional groups for counsel and arbitrators handling transnational disputes. The Committee currently includes over 2,600 members from 115 countries. According to the IBA, membership is steadily increasing. The Arbitration Committee has published several sets of Rules and Guidelines that are widely accepted by …
By Zachary Ulrich Have you ever had someone in your life with whom you just couldn’t seem to get along? A family member, perhaps? Maybe a colleague? A customer, supplier, or client? All of us have had seemingly “conflict-laden” relationships, and those relationships can be the sources of some of our most painful stress. Sometimes …
By Thomas J. Stipanowich These days arbitration seems to be everywhere. Binding pre-dispute arbitration provisions feature in all kinds of contracts; the Supreme Court regularly issues pro-arbitration decisions; and there has never been more discussion about how to employ arbitration fairly and effectively. But these realities underpin and point up twin challenges facing arbitration. First, …
By Eric Epstein It is common at an arbitration hearing for each side to present diametrically different versions of the dispute. This is especially true in cases of sexual harassment in which the accuser tells one story and the accused tells a completely different story. In such cases, it is the Arbitrator’s responsibility to determine …
By Jeffrey Benz When parties lament the costs of arbitration, I wonder if as an arbitrator I need to undertake a review of what can be done to make things more efficient. As we begin 2012, I reflect back on a topic we all (practitioners and arbitrators) read and heard a lot about in 2011, …