References
Updating Our Understanding of the Role of Lawyers: Lessons From Mastercard
February 8, 2012
This article reviews Mastercard's legal negotiations regarding the largest antitrust class action on record with Visa in 2003, as well as the structuring of the 2006 Mastercard IPO. By looking to both transactions with the underlying negotiations, Peppet offers some lessons about legal negotiation and the role of lawyers in the modem M&A practice.
February 8, 2012
This article reviews Mastercard's legal negotiations regarding the largest antitrust class action on record with Visa in 2003, as well as the structuring of the 2006 Mastercard IPO. By looking to both transactions with the underlying negotiations, Peppet offers some lessons about legal negotiation and the role of lawyers in the modem M&A practice.
The Sanctity of Sovereign Loan Contracts and Its Origins in Enforcement Litigation
February 8, 2012
This article is the first to view to examine sovereign debt enforcement litigation from the perspective of the sanctity of contracts doctrine. The sanctity of contracts doctrine has become the reigning paradigm underlying sovereign debt enforcement litigation since the mid-1980s. This doctrine provided for strong creditor rights provisions which permitted default to be used as a baseline creditor right, replacing the previous rule providing that renunciation or repudiation of a debt by a sovereign...
February 8, 2012
This article is the first to view to examine sovereign debt enforcement litigation from the perspective of the sanctity of contracts doctrine. The sanctity of contracts doctrine has become the reigning paradigm underlying sovereign debt enforcement litigation since the mid-1980s. This doctrine provided for strong creditor rights provisions which permitted default to be used as a baseline creditor right, replacing the previous rule providing that renunciation or repudiation of a debt by a sovereign...
Alternative Dispute Resolution and the Rule of Law in International Development Cooperation
February 8, 2012
This article focuses on alternative dispute resolution's role in strengthening the rule of law in development programs. The article review the concept of international cooperation supporting development and discusses how informal processes such as alternative dispute resolution can advance human security and dignity.
February 8, 2012
This article focuses on alternative dispute resolution's role in strengthening the rule of law in development programs. The article review the concept of international cooperation supporting development and discusses how informal processes such as alternative dispute resolution can advance human security and dignity.
Understanding Indigenous Dispute Resolution Processes and Western Alternative Dispute Resolution Cultivating Culturally Appropriate Methods in Lieu of Litigation
February 8, 2012
This article examines the forms of dispute resolution that Western indigenous cultures use to resolve disputes among themselves. The article further discusses how these practices benefit the indigenous communities and may be a successful tool to resolve modem intellectual property disputes.
February 8, 2012
This article examines the forms of dispute resolution that Western indigenous cultures use to resolve disputes among themselves. The article further discusses how these practices benefit the indigenous communities and may be a successful tool to resolve modem intellectual property disputes.
Ecosystem Co-Management Agreements: A Study of Nation Building or a Lesson on Erosion of Tribal Sovereignty?,
February 8, 2012
This article discusses the need for the tribes of the Northwest and the U.S. government to work together on negotiation approaches to preserve the salmon population.
February 8, 2012
This article discusses the need for the tribes of the Northwest and the U.S. government to work together on negotiation approaches to preserve the salmon population.
Arbitration and the Individuation Critique
February 8, 2012
This article discusses the individuation critique, which emphasizes the power imbalance between repeat player businesses and one-shot consumers in arbitration proceedings. It responds to arguments both for and against the individuation critique.
February 8, 2012
This article discusses the individuation critique, which emphasizes the power imbalance between repeat player businesses and one-shot consumers in arbitration proceedings. It responds to arguments both for and against the individuation critique.
The Return of State
February 8, 2012
This article centers on the importance of recognizing the increased empowerment of state governments in the area of international investment law, especially in terms of investor-state dispute settlements and arbitral awards. It supports its argument that state governments are increasingly empowered in this era of global governance by discussing the trend in investment arbitration that has shifted from investor-favored awards in dispute settlement toward favoring state sovereignty.
February 8, 2012
This article centers on the importance of recognizing the increased empowerment of state governments in the area of international investment law, especially in terms of investor-state dispute settlements and arbitral awards. It supports its argument that state governments are increasingly empowered in this era of global governance by discussing the trend in investment arbitration that has shifted from investor-favored awards in dispute settlement toward favoring state sovereignty.
Assignment of Labor Arbitration
February 8, 2012
This article argues that hostility and unnecessary litigation can be avoided in a way which will satisfy the grievant, her union, and even the employer. It is submitted that in certain cases the union could assign its right to proceed with the arbitration.
February 8, 2012
This article argues that hostility and unnecessary litigation can be avoided in a way which will satisfy the grievant, her union, and even the employer. It is submitted that in certain cases the union could assign its right to proceed with the arbitration.
The Road Not Often Taken: Alternative Dispute Resolution for Common Interest Communities in North Carolina
February 8, 2012
This comment argues the need for alternative dispute resolution to resolve common interest community disputes under the Planned Community Act of North Carolina. The first section specifically addresses the merits of ADR in the setting of common interest communities.
February 8, 2012
This comment argues the need for alternative dispute resolution to resolve common interest community disputes under the Planned Community Act of North Carolina. The first section specifically addresses the merits of ADR in the setting of common interest communities.
The Multi-door Contract and Other Possibilities
February 8, 2012
The pressure of recent legislative, judicial and administrative developments and increasing awareness of the possibilities of other alternatives is encouraging unprecedented experimentation in the consensual arena. As courts and agencies have experimented with a range of solutions to more effectively address the many and varied controversies presented to them, litigators have been exposed to the possibilities of purposive third party intervention prior to adjudication. At the same time, nonlawyers...
February 8, 2012
The pressure of recent legislative, judicial and administrative developments and increasing awareness of the possibilities of other alternatives is encouraging unprecedented experimentation in the consensual arena. As courts and agencies have experimented with a range of solutions to more effectively address the many and varied controversies presented to them, litigators have been exposed to the possibilities of purposive third party intervention prior to adjudication. At the same time, nonlawyers...
