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, …
By Mikita Weaver In improving the International Centre for Settlement of Investment Disputes (ICSID), the following competing interests must be considered: need to promote efficiency, need to unify the diverse jurisprudence of international investments, and need to promote investments abroad. Jack Coe wrote the following: “Sustained momentum toward an award is also often countered by …
By Ali Arif Introduction The Israeli-Palestinian Conflict is one of the longest running disputes in modern history. It is a very complex issue which can be traced back to ancient times. The issue can be analyzed from a geopolitical, religious, cultural, military, diplomatic as well as countless other angles. However, this paper will focus on …
In 2011, the late Tim Pownall on behalf of the PACIS project in faith-based diplomacy accepted the 2011 Peacemaker Award given each year by the Association for Conflict Resolution. The Association for Conflict Resolution (ACR) is an organization committed to awareness of conflict resolution in the public. ACR’s vision is that “All people know their …
By Howard Stern Using Education to Reach Resolution in Palestinian-Israeli Conflict When I started out as a mediator, I soon learned that parties don’t always tell the truth and parties do not always disclose all the facts of a case. Only by exploring areas where the parties don’t want to go, do I find underlying …
It is unlikely that one can make it through a discussion about international investment without considering the impact of bilateral investment treaties. Bilateral investment treaties, or BITs, offer a higher level of protection, and options for dispute resolution, than investments without such treaties. Yet a person investing in their own country without much, or any, …
Conciliation is a word that is often used in alternative dispute resolution forums as an attitude or skill to possess when attempting to settle a dispute through alternative forms of resolution, but the process of conciliation stands on its own as a form of alternative dispute resolution. Conciliation is a method of dispute resolution that …
The New York Arbitration Convention is the leading piece of international law governing the enforcement of arbitral awards internationally. Every arbitration award that has been granted from one foreign state to another has likely interacted with the New York Convention in some way. Formally called the Convention on the Recognition and Enforcement of Foreign Arbitral …
The Court of Arbitration for Sport is also known as the Supreme Court for sport. Known for anti-doping cases and the official court of disputes related to the Olympic games, the Court is a newer concept set up to handle disputes that are related to sports around the world. Most countries around the world have …
One of the most bitterly contested issues in arbitration law over the last twenty years is the legality of class action arbitration and waivers thereof. Professor Elizabeth Tippett calls it the $100 million dollar question for Uber, referring to that company’s high-stakes employee misclassification litigation under wage and hour laws. Of course, Uber isn’t the …