The alternative dispute resolution field has emerged from the pandemic and now looks to the future.
The alternative dispute resolution field has emerged from the pandemic and now looks to the future.
The question presented in the U.S. Supreme Court's recent decision in Coinbase, Inc. v. Bielski, 599 U.S. __, 2023 WL 4138983 (2023) (available at https://bit.ly/3D4eDLw), evokes one of the most famous lines in all of punk rock: “Should I stay or should I go now?” The Clash, “Should I Stay or Should I Go?” Combat Rock (Epic 1982).
In the previous Part 1, “Civil Societies v. Nation States in Problem Solving and Mediation,” 41 Alternatives 101 (July/August 2023) (available at https://bit.ly/3OJoLjF), author-mediator Ken Cloke examined the tension between a state's objective emphasis on process and rules and civil society's quest for adaptability, often through conflict resolution processes and techniques. This month's second part moves ahead on the role mediation plays in building a better society.
On May 16, selectors (i.e., actors that appoint neutrals for their conflict resolution matters) and neutrals gathered in Washington, D.C., for a historic evening at Howard University School of Law.
The world of arbitration teaching is currently awash with concerns about artificial intelligence and its effect on students, teachers, research, and lawyers and other dispute resolution professionals. A world where students no longer attend class because they can do their assignments by searching ChatGPT strikes fear into the heart of lecturers.
For many years, international commercial arbitration users complained that international commercial arbitration is often slow and very expensive.
Civil societies are simply informal, voluntary, self-organized communities of people. They consist of the spontaneous, unofficial, social, economic, political, cultural, and environmental activities and relationships of people who interact informally alongside the formal, involuntary, hierarchically organized state—yet remain private individuals and public citizens whose lives are largely independent of it.
The Rwanda Ministry of Justice has presented to the public a new national conflict resolution policy aiming at handling disputes using alternative dispute resolution mechanisms.
There are developments on the way in a long-running case involving an allegedly fraudulent $11 billion arbitral award against Nigeria, in which the District of Columbia U.S. Circuit Court of Appeals last year reaffirmed that foreign sovereigns are not immune from the jurisdiction of U.S. courts in arbitration cases. Process and Industrial Developments Ltd. v. Fed. Republic of Nigeria, 27 F.4th 771 (D.C. Cir. 2022). The decision left a longstanding arbitration award undisturbed.
In December 2015, 196 nations met to discuss the critical issue of climate change and to negotiate an agreement which culminated in the Paris Agreement Under the United Nations Framework Convention on Climate Change, best known as the Paris Agreement, a treaty in which countries agreed to maintain global temperature rise below 2°C in relation to pre-industrial levels and make efforts to limit it to 1.5°C.
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