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ADR and Access to Justice: Current Perspectives (at this year’s AALS Meeting)

Courtesy of my Moritz College of Law colleague, Ellen Deason: As you prepare for the AALS Annual Meeting in San Diego, California, plan on attending the Alternative Dispute Resolution Section’s program on Thursday, January 4 at 1:30 p.m. The topic is ADR and Access to Justice: Current Perspectives. The panelists […]

Cat Person and Consent

Kristen Roupenian’s new short story, “Cat Person,” is a fascinating story of relationship that manages to capture (among other things) the complexities of consent. Why we agree to what we agree to is such a fraught and often overdetermined question — it is not as simple as arming ourselves with […]

Access to Justice: Rebalancing the Third-Party Funding Equilibrium in Investment Treaty Arbitration

Ylli Dautaj and Bruno Gustafsson Third-party funding remains a hot topic in arbitration, which is understandable considering its complexity and that its accompanying issues often have major implications for arbitral procedure. This fall, the ICCA-Queen Mary Task Force on third-party funding in international arbitration released its “draft,” touching upon a […]

Access to Justice: Rebalancing the Third-Party Funding Equilibrium in Investment Treaty Arbitration

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Ylli Dautaj and Bruno Gustafsson Third-party funding remains a hot topic in arbitration, which is understandable considering its complexity and that its accompanying issues often have major implications for arbitral procedure. This fall, the ICCA-Queen Mary Task Force on third-party funding in international arbitration released its “draft,” touching upon a […]

How will the way we resolve our workplace and family business disputes impact our Thanksgiving meal?

I think a lot about my chosen areas of the law – both my areas of practices – employment and business law and the disputes that arise in the workplace – as well as the ways in which we resolve these disputes. In workplace disputes, I represent both employers and […]

The EU Sets the Standard for International Tax Dispute Resolution

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Jonathan Schwarz Adoption of the EU Council Directive on Tax Dispute Resolution Mechanisms in the European Union on 10 October 2016 is a milestone in international tax dispute resolution. The Directive offers a uniform mechanism to address tax treaty disputes among EU member states that meets the BEPS Action 14 minimum standard, […]

New Risks for Investors? Israel’s Supreme Court Refuses to Set Aside a Multi–Million Class Action Against Foreign Investors

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Asaf Niemoj A. Introduction Investments in a foreign country entail risks for the investors. These include the possibility that their investments will be nationalized or expropriated if, for example, a political change occurs. There is also a risk of loss as a result of war, armed conflict, revolution, a state […]

Will the Judge Listen to My Child’s Preferences When Deciding Custody?

Divorcing parents often ask whether a judge listen to a child’s preference in a custody dispute. The answer is maybe – it depends on many factors, including the age of the child. A Child’s Preference is One of the Statutory Factors Used to Determine Custody In determining an award of […]

FINRA Seeks Comment on Non-Attorney Representation in FINRA Arbitration

Virtually all customers of FINRA-registered broker-dealer firms (in essence, all broker-dealers) are required to arbitrate their disputes with those firms and their associated persons. Many of those disputes are required to be arbitrated in the FINRA Dispute Resolution forum.  Currently, FINRA permits parties to be represented by non-attorneys (NAR) (subject […]

Will 2018 Mark a Tipping Point for Binding Investor-State Arbitration?

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Colin Trehearne Herbert Smith Freehills The international economic order is today bound together through a network of bilateral (and multilateral) investment treaties which provide investors with a variety of protections. Such Bilateral investment treaties (“BITs”) are a relatively young species dating back to 1959’s Pakistan-Federal Republic of Germany BIT. While […]