Menu
Guest Posts
Call for Proposals: Collective Redress in the Cross-Border Context | Deadline: May 1, 2012
By Victoria VanBuren - March 26, 2012
Large-scale international legal injuries are becoming increasingly prevalent in today’s globalized economy, whether they arise in the context of consumer, commercial, contract, tort or securities law, and countries are struggling to find appropriate means of providing collective redress, particularly in the cross-border context. The Hague Institute for the Internationalisation of Law (HiiL), along with the Netherlands Institute for Advanced Study
Bexar County Dispute Resolution Center Honors Don Philbin
By Victoria VanBuren - March 15, 2012
The Bexar County Dispute Resolution Center (“BCDRC”) awarded our blog contributor Don Philbin with its Distinguished Service Award for 2011. The BCDRC recognized Don Philbin for his community service, particularly in multi-party and public policy disputes. Read more here. Please join us in congratulating Don!
GUEST-POST | Response to ‘Stuck in Arbitration’
By Victoria VanBuren - March 13, 2012
By Michael McIlwrath On March 6, 2012, the New York Times published an Op-Ed article by Prof. Amalia D. Kessler of Stanford Law School criticizing obligatory arbitration for denying access to justice, especially in the context of consumer and employment law disputes. Here in Europe, arbitration generally cannot be made into an obligatory process for many types of disputes as it is in the United States. In Italy, for example (and it’s the same in
Article | The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes
By Victoria VanBuren - March 12, 2012
We invite you to check out Professor Thomas J. Stipanowich’s (pictured right) latest article: The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes. The piece is being published in an arbitration symposium issue of the Kansas Law Review, but it is now available for download here. The abstract is as follows: Recent Supreme C
GUEST-POST | Texas “Loser Pays” Rules May Exclude Mediation in Some Small Cases But Overall Impact Muted
By Victoria VanBuren - March 5, 2012
By Mike Schless and Don Philbin The “Loser Pays” Legislation that passed the 82nd Legislature and became effective September 1, 2011 did not contain the highly controversial loser pay provision of earlier drafts, but did direct the Texas Supreme Court to adopt rule revisions, one of which could impact ADR practice in smaller cases. Among other things, HB 274 required the Supreme Court to adopt rules to promote the “prompt, efficient, and cost-eff
Article | International Arbitration and the Republic of Colombia: Commercial, Comparative and Constitutional Concerns From a U.S. Perspective
By Victoria VanBuren - February 10, 2012
Professor S.I. Strong (contributor of this blog) has published recently yet another interesting article, “International Arbitration and the Republic of Colombia: Commercial, Comparative and Constitutional Concerns From a U.S. Perspective.” The article appears in 22 Duke Journal of Comparative & International Law 47 (2011). Here is the abstract: Although the Republic of Colombia is one of Latin America’ economic powerhouses, with a free
Article | Class and Collective Relief in the Cross-Border Context: A Possible Role for the Permanent Court of Arbitration
By Victoria VanBuren - January 31, 2012
Our blog contributor professor S.I.Strong has just published the article “Class and Collective Relief in the Cross-Border Context: A Possible Role for the Permanent Court of Arbitration.” The piece compares the benefits of large-scale litigation and large-scale arbitration in the cross-border context, and considers whether there is a role that the Permanent Court of Arbitration can play in resolving mass disputes of this type. Here is the abstrac
GUEST-POST | Addressing Impasse by Helping the Parties Value the Case
By Victoria VanBuren - January 11, 2012
We welcome Laura A. Kaster as a guest-blogger at Disputing. Laura will discuss a chapter of the book Definitive Creative Impasse-Breaking Techniques in Mediation, edited by Molly Klapper (NYSBA 2011) in which Laura is a co-author. Stay tuned for more posts from Laura. By Laura A. Kaster Molly Klapper had a wonderful idea. She decided to collect a wide variety of practitioners’, teachers’ and luminaries’ targeted techniques for anticipating, manag
2011 Disputing Contributors
By Victoria VanBuren - December 29, 2011
During 2011, Disputing was honored to receive significant contributions from law professors and respected practitioners. Some of our blog contributors wrote guest-posts, others submitted comments via e-mail, and yet others alerted us of important developments in the ADR area. Thanks to our blog contributors for improving Disputing‘s legal scholarship! Special thanks to professor S.I. Strong for writing a whopping number of blog posts! Here are ou
GUEST-POST PART II | No Mass Arbitration in ICSID Cases – The Abaclat Dissent
By Victoria VanBuren - December 12, 2011
By S.I. Strong Some interesting new arguments found their way into the dissenting opinion. For example, the dissent considered how mass claims are treated under various United Nations mass claims processes, claiming that these processes are analogous to ICSID arbitrations. See Award dated October 28, 2011, ¶¶ 176-81. This is an interesting proposition that bears closer analysis, since there are likely a variety of ways that the Permanent Court of
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy