Dispute Resolution Journal

A student-edited, semi-annual academic journal published by the School of Law and Center for the Study of Dispute Resolution at the University of Missouri-Columbia. Articles cover all aspects of dispute resolution, including legal proceedings, negotiations, and arbitration.

Articles from Vol. 66, No. 4, November-January

Addressing the Real Barriers to Settlement: The KEY to Effective Mediation of Business Disputes
A litigator and sometime mediator focuses on the mediation in which one or more participants say, "We're just too far apart," or "This is a case that just has to be tried." He says it is wrong to give up. That is when the real work of the mediator begins...
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Arbitration and State Parties: Developments in Brazilian Case Law Arising from Compagás
INTERNATIONAL DEVELOPMENTSAn October 2011 ruling by Brazil's Superior Tribunal de Justiça (STJ) promises to increase the opportunities for arbitration in Brazilian government- related contracts. The decision was rendered in Companhia Paranaense de Gás...
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Collective Arbitration in New York
STATE COURT DEVELOPMENTSANew York intermediate ap - peals court has taken a different view of collective actions, distinguishing them from class arbitration.On Oct. 20, 2011, in JetBlue Air - ways Corp. v. Stephenson,1 a four-judge panel of New York's...
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Drafting Class Arbitration Waivers after AT&T Mobility V. Concepcion
The Supreme Court's decision in Concepcion has caused some businesses to take a second look at whether to include a class action waiver in their arbitration agreements. This article explores the risks and benefits of doing so, and discusses language...
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INTERNATIONAL COMMERCIAL ARBITRATION: FROM A USER'S PERSPECTIVE: Are the Benefits More Theoretical Than Real?
Concern about the time and cost of arbitration have led to some criticism of international arbitration. The author demonstrates that at least half of the benefits of arbitration are easily realized without extra effort, but to control the time and cost...
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Labor Arbitration and the First Amendment
Abus operator is discovered to be a member of the Ku Klux Klan. A salesman is found with a cache of child pornography. A corrections officer flies a Nazi flag on his porch. A teacher is a leader of a political advocacy group promoting pedo philia. While...
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Planned Early Negotiations-Another Tool to Resolve Disputes
Planned Early Negotiations-Another Tool to Resolve Disputes Lawyering with Planned Early Negotiations: How You Can Get Good Results for Clients and Make Money By John Lande. American Bar Association. 2011. $74.95. ($59.95 for members of the ABA Section...
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Review of Court Decisions
MARITIMEContracting Out of Federal Arbitrability LawThe 9th Circuit, in a case of first impression, held that parties can provide in their contract that a non-federal law will apply to determine whether disputes that arise are arbitrable.The M/V Cape...
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SIX DEGREES OF DISPUTATION: New DRPs for New gTLDs on the Internet (PART I: INTRODUCTION)
ICANN has approved a procedure for obtaining new generic top-level domains that can be brand names, places and concepts. This is likely to generate disputes, especially trademark infringement. To address these disputes, ICANN has developed six new dispute...
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Temperament and Personality Assessments: Tools for Mediators?
Developing an understanding of the temperament and personality traits of mediation participants may help mediators communicate more effectively and encourage the building of trust in the mediator and mediation process itself.The study of temperament...
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The "Public Policy" Hurdle to Enforcement of Foreign Awards in India
INTERNATIONAL DEVELOPMENTSThe "violation of public policy" ground to refuse enforcement of a foreign arbitral award has proven to be more than an "unruly horse"1 in the Indian courts, as Phulchand Exports Ltd. v. OOO Patriot demonstrates.2 In this recent...
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USSC Tells Courts How to Decide a Motion to Compel Arbitration When Multiple Claims Are Alleged
SUPREME COURT DEVELOPMENTSTrial courts may not issue a "blanket refusal" to compel arbitration solely on the ground that some of the claims in - volved in a dispute are not subject to the arbitration clause, and courts of appeal may not affirm such rulings,...
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What's New in European Arbitration?
INTERNATIONAL DEVELOPMENTSRecent Decisions by National CourtsTwo important court decisions reported here involve the arbitrators' continuing disclosure obligations during an arbitration. Each of these cases ended up with an arbitral award being set aside...
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When Worlds Collide: An Arbitrator's Guide to Social Networking Issues in Labor and Employment Cases
In the age of social media, users have more options to connect with like-minded people and express their opinions, while companies have more channels to promote and sell products and services. What does this mean to the arbitrator? It could mean a new...
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