Karl Bayer's Disputing Blog

Inside the Black Box: The Preferences, Practices, and Rule Interpretations of Construction

By Beth Graham - November 14, 2018

An interesting article focused on the arbitration of construction disputes was recently published by Dean B. Thomson and Jesse R. Orman, shareholders in the Construction Law Department of Fabyanske, Westra, Hart & Thomson, P.A., in Minneapolis.

The ICSID Conciliation Rules in Practice

By Beth Graham - November 7, 2018

Frauke Nitschke, Team Leader and Legal Counsel on one of the Case Management Teams at the International Centre for Settlement of Investment Disputes has published “The ICSID Conciliation Rules in Practice,” Forthcoming, Mediation in International Commercial and Investment Disputes, edited by Catharine Titi and Katia Fach Gómes (Oxford University Press 2018).

Reviewing the Use of “Soft Law” in Investment Arbitration

By Beth Graham - October 30, 2018

José E. Alvarez, Herbert and Rose Rubin Professor of International Law at New York University School of Law, has written “Reviewing the Use of ‘Soft Law’ in Investment Arbitration,” Vol. 7.2 European International Arbitration Review; NYU School of Law, Public Law Research Paper No. 18-46.

The Arbitration-Litigation Paradox

By Beth Graham - October 15, 2018

Assistant Professor of Law Pamela Bookman, Temple University Beasley School of Law, has written “The Arbitration-Litigation Paradox,” Vanderbilt Law Review, Forthcoming; Temple University Legal Studies Research Paper No. 2018-29.

International Investment Law and Alternative Dispute Resolution: A Guide to Web Based Resources

By Beth Graham - October 2, 2018

Caroline L. Osborne, Associate Professor of Law and Library Director at the West Virginia University College of Law, has published a useful research tool titled, “International Investment Law and Alternative Dispute Resolution: A Guide to Web Based Resources,” International Journal of Legal Information (forthcoming); WVU College of Law Research Paper No. 2018-004.

Contextual Analysis in Arbitration

By Beth Graham - September 17, 2018

Pat K. Chew, Judge Quint A. Salmon and Anne Salmon Chaired Professor at the University of Pittsburgh School of Law, has published “Contextual Analysis in Arbitration,” SMU Law Review, Vol. 70, p. 837, 2017; U. of Pittsburgh Legal Studies Research Paper No. 2018-28.

Arbitration Nation: Data from Four Providers

By Beth Graham - September 12, 2018

Andrea Chandrasekher, Professor of Law at the University of California, Davis, School of Law, and David Horton, Professor of Law and Chancellor’s Fellow at the University of California, Davis, School of Law, have published “Arbitration Nation: Data from Four Providers,” California Law Review, Vol. 107 (forthcoming 2019).

A New Legal Framework for Employee and Consumer Arbitration Agreements

By Beth Graham - August 27, 2018

Imre S. Szalai, Judge John D. Wessel Distinguished Professor in Social Justice at Loyola University New Orleans College of Law, has published “A New Legal Framework for Employee and Consumer Arbitration Agreements,” 19 Cardozo J. Conflict Resol. 653 (2018); Loyola University New Orleans College of Law Research Paper No. 2018-09.

Does ADR’s “Access to Justice” Come at the Expense of Meaningful Consent?

By Beth Graham - August 17, 2018

Jacqueline M. Nolan-Haley, Professor of Law at Fordham University School of Law, has published a thoughtful journal article titled “Does ADR's 'Access to Justice' Come at the Expense of Meaningful Consent?,” Ohio State Journal on Dispute Resolution, Vol. 33, No. 3, 2018; Fordham Law Legal Studies Research Paper No. 3230033.

A Cooperative Federalism Approach to Shareholder Arbitration

By Beth Graham - August 8, 2018

Zachary D. Clopton, Assistant Professor of Law at Cornell Law School, and Verity Winship, Professor of Law at the University of Illinois College of Law, have published “A Cooperative Federalism Approach to Shareholder Arbitration,” 128 Yale L.J.F. 169 (2018).