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Center for Dispute Resolution
206 Hulston Hall
Columbia, MO 65211
November 21, 2013
Prof. S.I. Strong and Prof. Paul Ladehoff recently attended the “New Directions in Global Negotiation & Dispute Resolution Scholarship Roundtable” at the Whitney R. Harris World Law Institute at Washington University Law School in St. Louis with LLM students Phil Bene, Siru “Lucy” Chen, Junzhe “David” Chi, Anna Lanshakova and Ignacio Lleo.
Participants in the day-long workshop reviewed and commented on papers written by scholars specializing in international dispute resolution. Prof. Strong's essay, “Beyond International Commercial Arbitration? The Promise of International Commercial Mediation,” was one of the featured submissions and will be published in spring 2014 in volume 42 of the Washington University Journal of Law and Policy.
November 20, 2013
Prof. Richard Reuben and Prof. John Lande recently presented papers at a works-in-progress conference sponsored by the Association of American Law School’s Section on Dispute Resolution at the Benjamin N. Cardozo School of Law at Yeshiva University.
Prof. Reuben’s presentation was titled “Mindfulness and Conflict” and Prof. Lande’s paper was titled “A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation.”
November 19, 2013
Prof. S.I. Strong recently published several new works in Europe and the United States.
The first, “Collective Consumer Arbitration in Spain: A Civil Law Response to U.S.-Style Class Arbitration,” 30 Journal of International Arbitration 495 (2013), addresses a statutory form of large-scale arbitration that arises in the post-dispute context. This mechanism could provide an answer to the various problems that are anticipated to develop in the United States following the recent Supreme Court decisions in Oxford Health Plans LLC v. Sutter and American Express Co. v. Italian Colors Restaurants.
Prof. Strong also had two book reviews published. The first, “Constitutional Conundrums in Arbitration,” appeared in 15 Cardozo Journal of Conflict Resolution 41 (2013) and discussed Prof. Peter Rutledge's new work, Arbitration and the Constitution (Cambridge University Press 2013). The second, “Arbitration of International Business Disputes: Studies in Law and Practice,” appeared in 29 Arbitration International671 (2013) and discussed Prof. William Park's book of the same title, which was published by Oxford University Press earlier this year.
November 12, 2013
Congratulations to the Mizzou Law arbitration teams that won the American Bar Association Regional Arbitration Competition with an undefeated record. For the fourth consecutive year, the law school will send a team to the national tournament in January. This is the longest active streak in the country.
Congratulations to the students who were on this year’s arbitration teams: 3L Elizabeth Hatting, 2L Nate Dunville, 2L Nicholas Jain, 1L Kayla Meine, 1L Mary Beth Griffin, 3L Jon Hummel, 1L Kayla Kemp, 2L Justin Evans and 1L Aaron Wynn.
Thanks to those who devoted their time to help the students prepare for the competition: Assoc. Dean Rafael Gely; Asst. Dean Bob Bailey; Prof. Wilson Freyermuth; Prof. Chuck Henson; Prof. Jim Levin; Jennifer Redel-Reed, ’08; James Emanuel; Audrey Danner, ’13; and Ida Shafaie, ’13.
November 5, 2013
Members of Prof. S.I. Strong's International Commercial Arbitration seminar participated in a mock symposium on Nov. 2. The event, which was held in the law school courtroom and was open to the public, included a keynote presentation from Mizzou Law alumnus Zachary A. Crowell, '10, who presented "Transnational Litigation: A Practitioner's Perspective." Crowell is an associate in Shook, Hardy & Bacon's international litigation group in Kansas City. Student presentations focused on parallel proceedings, maritime arbitration, expert witnesses, lex mercatoria and vacatur of arbitral awards.
October 30, 2013
The School of Law’s Center for the Study of Dispute Resolution recently co-sponsored an American Bar Association Mediation Week event, together with the Association of Missouri Mediators (AMM) and the Law Office of Sarah J. Read.
This was a statewide event with on-line video streaming and opportunities to connect at four physical locations that linked via videoconferencing. The program included a one-hour CLE open discussion on the impact of mediation on the community, business, families and the legal profession.
Presenters included Paul Ladehoff from the School of Law, James Reeves, LLM ’01, and Sarah Read. Then the AMM held its annual meeting at four videoconference locations in Columbia, St. Louis, Kansas City and Springfield.
October 10, 2013
Prof. S.I. Strong recently traveled to Boston to speak at the London Court of International Arbitration (LCIA) Young International Arbitration Group (YIAG) Workshop. The meeting was held in association with the LCIA’s North American Forum meeting, which was scheduled to coincide with the start of the International Bar Association’s Annual Meeting, held this year in Boston.
Prof. Strong joined Larry Schaner of Jenner & Block and Judge Judith Kaye, former chief judge of the State of New York, in discussing the connection between international arbitration and the courts.
October 8, 2013
Prof. John Lande chaired the Planned Early Dispute Resolution (PEDR) Task Force of the American Bar Association (ABA) Section of Dispute Resolution, which recently published a user guide to help businesses plan for and manage disputes at the earliest appropriate time.
Prof. Lande was the lead author of the user guide, which was co-sponsored by the American Arbitration Association, International Institute for Conflict Prevention and Resolution, and the Judicial Arbitration and Mediation Service.
The PEDR website includes a podcast of Prof. Lande’s presentation for the ABA Section of Litigation describing how lawyers can help clients get good results – and make a good living. The website also includes powerpoint presentations for business and legal groups to explain the basic concepts of this project. Prof. Lande’s book, Lawyering with Planned Early Negotiation: How You Can Get Good Results for Clients and Make Money, provided the impetus for this project.
October 4, 2013
Prof. S.I. Strong recently had several new articles published in the United States and Europe.
The first item, Cross-Border Collective Redress and Individual Participatory Rights: Quo Vadis?,32 Civil Justice Quarterly 508 (2013), appeared in England's leading journal on civil procedure and addressed the problems that arise under the Brussels I Regulation, the European Union's primary legislation on choice of courts and jurisdiction, when mass claims are asserted across European borders.
The second piece, Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration, 1 Stanford Journal of Complex Litigation 295 (2013), appeared in the inaugural issue of the journal and arose out of a symposium at Stanford University Law School concerning the decades-long, multibillion dollar legal dispute between Chevron Corporation and Ecuador relating to damage to the Ecuadorian environment dating back to the 1960s-1990s.
The final piece, Increasing Legalism in International Commercial Arbitration: A New Theory of Causes, A New Approach to Cures, 7 World Arbitration and Mediation Review 117 (2013), considers why international commercial arbitration has become increasingly legalistic in recent years. The article is part of a symposium issue dealing with changes in the international arbitral regime over the last ten to twenty years.
October 2, 2013
Prof. S.I. Strong spoke recently at a symposium convened at the George Washington University School of Law in Washington, D.C.
The event, "Courts and International Commercial Arbitration," focused on real or purported anomalies that arise in different legal systems in the area of international commercial arbitration and featured speakers from Canada, Brazil, France, Switzerland, the United Kingdom and the United States.
October 1, 2013
Oxford University Press recently published a new book, Class, Mass, and Collective Arbitration in National and International Law, by Professor S.I. Strong.
The book describes and analyzes various forms of large-scale arbitration, including class arbitration in the United States and Colombia, mass arbitration in the international investment realm, and collective arbitration in Germany, Spain and the United States.
The book, which considers the past, present and future of these types of large-scale proceedings, has been praised by scholars, practitioners and arbitrators on both sides of the Atlantic, including Gary Born of Wilmer Cutler Pickering Hale and Dorr LLP, one of the world's most prominent experts in international commercial arbitration, and Prof. William Park of Boston University, current president of the London Court of International Arbitration.
September 30, 2013
The Washington, D.C.-based Howard M. Holtzmann Research Center for the Study of International Arbitration and Conciliation recently hosted a webinar featuring the work of Prof. S.I. Strong.
During the presentation, Prof. Strong discussed her recent article, "Mass Procedures as a Form of 'Regulatory Arbitration' - Abaclat v. Argentine Republic and the International Investment Regime," 38 Journal of Corporation Law 259 (2013), with Prof. Karen Halverson Cross.
The Holtzmann Center, which is affiliated with the American Society of International Law (ASIL), sponsored the presentation as part of its continuing series on current scholarship in international arbitration.
September 17, 2013
This summer, Prof. John Lande conducted focus groups for the Mediation and Assessment Program of the U.S. District Court for the Western District of Missouri. The program, which previously was called the Early Assessment Program, requires parties to mediate early in litigation. The focus groups elicited views of experienced litigators to help refine the mediation referral procedure. Based in part on the views expressed in the focus groups, the court recently issued a new general order requiring parties to mediate within 75 days after the Rule 26 meeting.
September 13, 2013
Prof. S.I. Strong recently spoke at the Eighth Annual International Chamber of Commerce (ICC) New York Conference on ICC Mediation: Essentials for Efficient Dispute Resolution. Her presentation focused on multiparty mediation and the difficulties of getting all the parties to the table.
September 11, 2013
Prof. S.I. Strong's monograph, International Commercial Arbitration: A Guide for U.S. Judges, was recently cited in two federal decisions: Yukos Capital S.A.R.L. v. OAO Samaraneftegaz, which came out of the Southern District of New York, and Freaner v. Valle, which came out of the Southern District of California.The Freaner decision also cited one of Prof. Strong's articles, “What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act,” which was published in 48 Stanford Journal of International Law47 (2012).
August 14, 2013
An article from the Journal of Dispute Resolution was recently cited in a brief submitted to the D.C. Circuit Court of Appeals. The article, "Navigating the Borders Between International Commercial Arbitration and U.S. Federal Courts: A Jurisprudential GPS," is part of the journal's 2012 symposium volume. The symposium focused on "Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration."
The case is Commissions Import Export S.A. v. Republic of the Congo, D.C. Circuit Court of Appeals, Docket No. 13-7004.
August 1, 2013
Prof. Carli N. Conklin's article, "Lost Options for Mutual Gain? The Lawyer, the Layperson, and Dispute Resolution in Early America" was recently published by the Ohio State Journal on Dispute Resolution (28 Ohio St. J. on Disp. Resol. 581 (2013).
In the article, Prof. Conklin explores a late-eighteenth century/early-nineteenth century pamphlet campaign promoting the use of arbitration over litigation in Massachusetts, drawing parallels to arguments made in favor of dispute resolution today.
The Ohio State Journal on Dispute Resolution is the official law journal of the American Bar Association's Section on Dispute Resolution.
July 26, 2013
Both articles discuss Prof. Strong's monograph, International Commercial Arbitration: A Guide for U.S. Judges, which was published by the Federal Judicial Center earlier this year. Among other things, Prof. Strong discusses the genesis of the project and the need for federal judges to understand the interplay between international commercial arbitration and litigation.
July 16, 2013
Professor S.I. Strong's most recent article, "Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration," was recently published in 53 Virginia Journal of International Law 499 (2013). The article looks at the interplay between U.S. constitutional law and the international treaties governing international commercial arbitration.
July 11, 2013
Prof. S.I. Strong recently wrote a book chapter, “Monism and Dualism in International Commercial Arbitration: Overcoming Barriers to Consistent Application of Principles of Public International Law,” which appears in Basic Concepts of Public International Law: Monism and Dualism 547 (2013).
April 19, 2013
Prof. S.I. Strong recently gave a talk in New York on "The $2.4 Billion Question: Would A Contractual Waiver of Mass Procedures Have Been Enforceable in Abaclat v. Argentine Republic?" The presentation was part of the Eighth Annual Fordham Law Conferenceon International Commercial Arbitration and will generate a written work, "Limits of Autonomy in International Investment Arbitration: Are Contractual Waivers of Mass Procedures Enforceable?" The written piece will be published early next year by Martinus Nijhoff in a volume called Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2013.
July 8, 2013
Prof. S.I. Strong's article, "Does Class Arbitration 'Change the Nature' of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles," published in 17 Harvard Negotiation Law Review 201 (2012), was recently cited in the dissenting opinion on jurisdiction and admissibility in Ambiente Ufficio S.p.A. v. Argentine Republic, ICSID Case No. ARB/08/9 (formerly Alpi v. Argentine Republic).
Ambiente Ufficio involves a large multiparty proceeding in the context of investor-state arbitration.
April 1, 2013
The Max Planck Institute for International, European and Regulatory Procedural Law in Luxembourg was the location for Prof. S.I. Strong's recent presentation on "Regulatory Attributes of Class, Mass and Collective Arbitration in National and International Law Including Recent Developments at the United States Supreme Court." The presentation was based on findings contained in Prof. Strong's upcoming book, Class, Mass and Collective Arbitration in National and International Law, which will be published by Oxford University Press this summer.
March 8, 2013
Prof. John Lande has had three articles published or accepted for publication in academic journals.
In "Reforming Legal Education to Prepare Law Students Optimally for Real-World Practice," in 2013 Journal of Dispute Resolution (forthcoming), he synthesized major points in the Center for the Study of Dispute Resolution’s fall 2012 symposium, "Overcoming Barriers in Preparing Law Students for Real-World Practice."
Prof. Lande is the lead author of "Principles for Designing Negotiation Instruction," in 33 Hamline Journal of Public Law and Policy 299 (2012). This article analyzes recommendations in the Rethinking Negotiation Teaching Project and recommends that, in addition to including the widely-taught “canon of negotiation,” negotiation instructors consider a catalog of perspectives, theories, assumptions, topics for instruction and teaching methods."Lessons from Mediators’ Stories," in 34 Cardozo Law Review (August 2013 forthcoming) is part of a symposium discussing the book, Stories Mediators Tell, and highlights three lessons illustrated by the mediators’ stories. The stories show how parties often have important non-monetary interests, that it is very important for dispute resolution professional to practice good listening, and that lawyers’ mindsets can both advance and undermine their clients’ interests.
March 7, 2013
Prof. S.I. Strong's most recent article, Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration, has been accepted for publication in volume 53 of the Virginia Journal of International Law and will come out later this year. The article considers international commercial arbitration from a constitutional and public international law perspective and addresses the "difficult constitutional question" that arises when a potentially (or perhaps partially) self-executing treaty is also the subject of domestic legislation.
February 13, 2013
Prof. S.I. Strong spoke recently at Stanford University Law School at a symposium relating to the long-running and highly publicized dispute involving Chevron, Ecuador and various Ecuadorian parties (the Lago Agrio plaintiffs) and arising out of the alleged pollution of the Ecuadorian rainforest. Prof. Strong compared the use of a particular discovery device, 28 U.S.C. s. 1782, in both international litigation and international arbitration, and considered whether the statute can and should be used in the latter scenario. Papers from the symposium, including an article by Prof. Strong on 28 U.S.C. s. 1782, will be published in the Stanford Journal of Complex Litigation later this year.
February 1, 2013
Prof. S.I. Strong recently presented a paper, "Regulatory Elements of Class, Mass and Collective Arbitration," at the Yale-Quinnipiac Dispute Resolution Workshop Series. Prof. Strong's talk revolved around research contained in her upcoming book, Class, Mass and Collective Arbitration in National and International Law, which will be published by Oxford University Press later this year.
January 30, 2013
On January 25 and January 26, the School of Law's mock arbitration team competed at the American Bar Association Mock Arbitration Nationals. The team took second at the regional competition in November to qualify for nationals. At nationals, the team won both of its preliminary rounds in order to advance to the semi-finals to be one of the final four teams. In the semi-finals, the team lost in a very close decision by the judges.
Team members include 1L Peter Bruntrager, 3L Audrey Danner, 1L Nate Dunville, 3L Dane Rennier and team captain 3L Ida Shafaie.
January 30, 2013
Prof. S.I. Strong recently spoke at the Library of Congress Law Library in Washington, D.C., on "Research in International Commercial Arbitration: A World of Difference." The presentation focused on research techniques outlined in Prof. Strong's 2009 book from Oxford University Press, Research and Practice in International Commercial Arbitration: Sources and Strategies, and on methodologies developed during Prof. Strong's years of experience as a practitioner, arbitrator and academic specializing in international commercial arbitration.
The Library of Congress is home to the world's largest law library, with a collection of over 2.65 million volumes from around the world.
January 23, 2013
The Journal of Corporation Law just published "Mass Procedures as a Form of 'Regulatory Arbitration' - Abaclat v. Argentine Republic and the International Investment Regime," by Prof. S.I. Strong. The article, which appears in volume 38 of the journal, discusses whether and to what extent large-scale arbitration can act in a regulatory manner, using the recent mass investment arbitration, Abaclat v. Argentine Republic, as a model for analysis.
November 9, 2012
Professor S.I. Strong recently published three articles on trust arbitration. "Arbitration of Trust Disputes: Two Bodies of Law Collide," appears in 45 Vanderbilt Journal of Transnational Law 1157 (2012), while "Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a Trust," appears in 47 Real Property, Trust and Estate Law Journal 273 (2012), the leading peer-reviewed journal in the field of trust and estate law. The third article, "Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices," appears in 28 Arbitration International 591 (2012), the leading peer-reviewed journal in the field of international arbitration.
November 5, 2012
Canadian publisher Carswell Legal Publications will be reprinting Prof. S.I. Strong's recent article, "Resolving Mass Legal Disputes Through Class Arbitration: The United States and Canada Compared," in the 2013 edition of Innovative Dispute Resolution: The Alternative, Canada's leading treatise on alternative dispute resolution.
The article originally appeared in 37 North Carolina Journal of International Law & Commercial Regulation 921 (2012).
November 2, 2012
Video is now available for the Center of the Study of Dispute Resolution's 2012 symposium, "Overcoming Barriers in Preparing Law Students for Real-World Practice," organized by Prof. John Lande.
This event centered around the growing push for change in law schools around the country, and gave practitioners, faculty and students a chance to hear ideas from a variety of voices speaking about the importance of adapting legal education to the needs of today's society. Mizzou Law has long been recognized for its contribution in reforming legal education to help foster practice-ready graduates.
Prof. Lisa Kloppenberg of the University of Dayton School of Law, its former dean, presented the keynote address and discussed the successful curricular innovations that have taken place at Dayton.
The presenters are writing articles articulating their ideas about legal education reform, which will be published in the first issue of the 2013 volume of the Journal of Dispute Resolution. Video of the symposium, as well as drafts of the articles and the speakers' presentations, are now available.
November 2, 2012
Prof. S.I. Strong recently spoke at the World Bank in Washington, D.C., as part of the ICSID/ICC/AAA Twenty-Ninth Joint Colloquium on International Arbitration.
Prof. Strong's presentation, "Lessons from Abaclat: Post-Dispute Consent to Mass Arbitration," addressed issues relating to mass procedures in the context of investment arbitration, a subject on which Prof. Strong has written extensively. Prof. Strong not only has articles on this subject due out shortly in the Journal of Corporation Law and the Yearbook on International Arbitration, but covers related matters in her upcoming book from Oxford University Press, Class, Mass and Collective Arbitration in National and International Law.
October 17, 2012
The School of Law's Center for the Study of Dispute Resolution will co-host a reception for the American Bar Association's Mediation Week on Friday, October 19, at 5:30 pm in Hulston Hall. The reception will celebrate mediation as civil discourse and as a way of managing disputes.
Prof. S.I. Strong will publish her most recent article, "Mass Procedures as a Form of ‘Regulatory Arbitration’ – Abaclat v. Argentine Republic and the International Investment Regime,” in 38 The Journal of Corporation Law (forthcoming 2013). The article undertakes a regulatory analysis of the jurisdictional award in Abaclat v. Argentine Republic, the first mass claim to be heard in the context of treaty-based investment arbitration.
Two of Professor Strong's articles - "Does Class Arbitration'Change the Nature' of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles," in 17 Harvard Negotiation Law Review 201 (2012) and "From Class to Collective: The De-Americanization of Class Arbitration," in 26 Arbitration International 493 (2010) - were cited in the jurisdictional and dissenting awards in Abaclat.
Prof. Conklin recently presented her research on dispute resolution in early America at the Southeastern Association of Law Schools (SEALS) annual conference. Prof. Conklin presented her article, "Lost Options for Mutual Gain? The Lawyer, the Layperson, and Dispute Resolution in Early America" as part of a SEALS New Scholars panel.
Prof. S.I. Strong's most recent article, "Regulatory Litigation in the European Union: Does the U.S. Class Action Have a New Analogue?" will be published in 88 Notre Dame Law Review (forthcoming 2013), as part of a special issue on federal judicial practice and procedure.
The article considers recent developments in the European Union from a regulatory perspective, applying new governance theory and equivalence functionalism to the problems of cross-border collective redress.
Prof. S.I. Strong's recently acted as the lead-off panelist for an online academic seminar on mass claims in investment arbitration. The seminar, which was hosted by the Oil-Gas-Energy-Mining-Infrastructure-and-Investment Disputes (OGEMID) community, ran over a two-week period and used the jurisdictional decision in Abaclat v. Argentine Republic as its starting point.
Two of Prof. Strong's articles - "Does Class Arbitration'Change the Nature' of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles, " in 17 Harvard Negotiation Law Review (forthcoming 2012) and "From Class to Collective: The De-Americanization of Class Arbitration," in 26 Arbitration International 493 (2010) - were cited in the jurisdictional and dissenting awards in Abaclat. Prof. Strong's comments in the seminar focused on ideas reflected in several of her forthcoming articles on regulatory litigation and regulatory arbitration.
Two of Professor S.I. Strong's articles on the arbitration of internal trust disputes will appear in journals published on both sides of the Atlantic. "Mandatory Trust Arbitration in the U.S. and Abroad," will appear in 5 New York Dispute Resolution Lawyer (forthcoming 2012), while "Trust Arbitration in the United States: Recent Developments Show Increasing Diversity as a Matter of Statutory and Common Law," will appear in 18 Trusts & Trustees (forthcoming 2012), which is published by Oxford University Press for a worldwide audience.
Prof. S.I. Strong's article, "Resolving Mass Legal Disputes Through Class Arbitration: The United States and Canada Compared," was recently published in 37 North Carolina Journal of International Law & Commercial Regulation 921 (2012) as part of a symposium issue on international trade.
The article was the result of work done pursuant to a research grant awarded to Prof. Strong by the Canadian government.
Prof. S.I. Strong spoke recently at the International Investment Forum convened in London by the British Institute for International and Comparative Law (BIICL).
Prof. Strong's presentation, "Consent and Jurisdiction in Abaclat v. Argentine Republic," focused on issues relating to claimants' consent in international investment arbitration and the extent to which certain regulatory rationales translate from private forms of mass arbitration to public forms.
Two of Prof. Strong's articles - "From Class to Collective: The De-Americanization of Class Arbitration,” 26 Arbitration International 493 (2010), and " Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles,” 17 Harvard Negotiation Law Review (forthcoming 2012) - were cited in the Abaclat awards.
Professor S.I. Strong's new article, "Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices," has been accepted for publication in 28 Arbitration International (forthcoming 2012).
Dean Bailey was selected based on his experience with intercollegiate and professional athletics. He has chaired the NCAA-sanctioned Professional Sports Council at MU, providing advice to prospective professional athletes by contacting agents for them, reviewing contracts and assisting student-athletes with drafts and employment by professional sports organizations. He has worked extensively with the Athletic Department at Mizzou, including service as the chair of the department's strategic planning committee for the last 15 years. He has also worked extensively with NCAA athletic department accreditations across the country and serves as a salary arbitrator for Major League Baseball.
The Uniform Athlete Agents Act was adopted in 2000. This study committee "will consider and make recommendations concerning the need for and feasibility of drafting amendments to [the act]."
Professor S.I. Strong has recently had two new articles accepted for publication.
The first, "Arbitration of Trust Disputes: Two Bodies of Law Collide," will appear in 45 Vanderbilt Journal of Transnational Law (forthcoming 2012).
The second, "Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a Trust," will appear in 47 Real Property, Trust and Estate Law Journal (forthcoming 2012), the top peer-reviewed academic journal in the field.
Prof. S.I. Strong recently had two articles reprinted in leading sources.
The first, "International Arbitration and the Republic of Colombia: Commercial, Comparative and Constitutional Concerns From a U.S. Perspective," appeared originally in 22 Duke Journal of Comparative & International Law 47 (2011) and was reprinted in Spanish as "El Arbitraje Internacional en Colombia Desde una Perspectiva Estadounidense" in 15 Revista Internacional de Arbitraje 144 (2011).
The second, "Research in International Commercial Arbitration: Special Skills, Special Sources," originally appeared in 20 The American Review of International Arbitration 119 (2009), the only U.S.-based peer-reviewed journal in international arbitration, and was reprinted with amendments as "Research in International Commercial Arbitration: A World of Difference," in Practitioner's Handbook on International Arbitration and Mediation 425 (Juris Publishing Inc., 3d ed. 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.
Prof. S.I. Strong, who is currently on leave from the School of Law and serving as the Henry G. Schermers Fellow at the Hague Institute for the Internationalisation of Law (HiiL) and the Netherlands Institute for Advanced Study in the Humanities and Social Sciences (NIAS), will be convening a two-day event in the Netherlands responding to this developing challenge.
The event includes two different elements - a workshop on June 21-22 comprised of invited speakers from all over the world presenting papers on the theme "Collective Redress in the Cross-Border Context: Arbitration, Litigation, Settlement and Beyond" and a works-in-progress conference on June 20-21, designed to allow practitioners and scholars who are interested in the area of collective redress to discuss their work and ideas in the company of other experts in the field.
Prof. Strong is currently accepting proposals for the works-in-progress conference. Interested individuals should forward an abstract of no more than 500 words to Prof. Strong at email@example.com by May 1, 2012. Decisions will be made in early May, and those whose proposals are accepted will need to submit a draft paper by June 4 for discussion at the works-in-progress conference.
All submissions should explore one or more of the various means of resolving collective injuries, including class and collective arbitration, mass arbitration and mass claims processes, class and collective litigation, and large-scale settlement and mediation, preferably in a cross-border context.
Two of Prof. S.I. Strong's articles - "From Class to Collective: The De-Americanization of Class Arbitration," in 26 Arbitration International 493 (2010), and "Does Class Arbitration 'Change the Nature' of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles," in 17 Harvard Negotiation Law Review (2012) - were cited in the majority and dissenting awards in Abaclat v. Argentine Republic. The case is an International Centre for Settlement of Investment Disputes arbitration that was recently voted the arbitration decision of 2011 by the readers of OGEMID, the leading listserv in the field of international arbitration.
The majority and dissenting awards also won top prize and runner up (respectively) in the category of most controversial or surprising decision for 2011. Abaclat is the first time that a mass claim (in this instance, involving 60,000 Italian claimants) has been brought in the context of treaty-based arbitration.
Congratulations to the new members of the editorial boards of the School of Law's three journals!
Missouri Law Review
Editor in Chief
Senior Lead Articles Editor
Lead Articles Editor
Jonathan Bremer, Ben Harner & Elizabeth Weber
Associate Editor in Chief
Associate Managing Editors
Kevin Hoffmeyer & Kevin Stockman
Senior Note and Comment Editor
Note and Comment Editors
Stephanie Liu, Abby Schaberg, Amy Sestric & Curtis Shank
Layout and Design Editor
Scott Lee Smithson
Senior Associate Editor
Melissa Cullman, Haden Crumpton, Chantal Fink, Conor Neusel, Joe Palumbo & Cody Reinberg
Journal of Dispute Resolution
Editor in Chief
Associate Editor in Chief
Assistant Managing Editors
Sarah Seberger & Henry Tanner
Lead Articles Editor
Senior Note and Comment Editor
Note and Comment Editors
Tyler Beckerle, Valerie Dixon & Amanda Roberts
Journal of Environmental and Sustainability Law
Editor in Chief
Associate Editor in Chief
Lead Articles Editor
Note and Comment Editors
Marriam Lin & Kevin Luebbering
Associate Managing Editors
Patrick Kutz & Ryan Niehaus
Prof. S.I. Strong's article, "Law and Religion in Israel and Iran: How the Integration of Secular and Spiritual Laws Affects Human Rights and the Potential for Violence," in 19 Michigan Journal of International Law 109 (1997), was recently cited as authority by two federal courts.
The two decisions -- Mayer v. Mayer, Nos. 11-cv-6385 (ENV)(SMG), 11-cv-236 (ENV)(RER), 2012 WL 441182 (Eastern District of New York, Feb. 10, 2012), and Schultz v. Medina Valley Independent School Districts, No. SA-11-CA-442-FB, 2012 WL 517518 (Western District of Texas, Feb. 9, 2012) -- were unrelated.
Prof. S.I. Strong spoke recently at the "Uncertainty and Mass Tort: Causation and Proof" symposium, held at the University of Girona in Spain. Her presentation, "Mass Torts and Arbitration: Lessons from Abaclat v. Argentine Republic," discussed the possible use of arbitration to resolve cross-border collective disputes in tort. Prof. Strong's written contribution to the symposium will be available in a collection of essays published later this year in English and Spanish.
Prof. Strong is currently on leave from the School of Law and is serving as the Henry G. Schermers Fellow at the Hague Institute for the Internationalisation of Law and the Netherlands Institute for Advance Study in the Humanities and Social Sciences.
Congratulations to the 2012 Board of Advocates mediation competition winners - Darrion Walker & Kristen Sanocki (first place) and Trever Neuroth & D'Juan Neal (second place)!
Prof. S.I. Strong recently began service as the Henry G. Schermers Fellow at The Hague Institute for the Internationalization of Law (HIIL) and The Netherlands Institute for Advanced Study in the Humanities and Social Sciences (NIAS).
The Henry G. Schermers Fellowship brings prominent senior scholars in law and the social sciences to The Hague to work on research of international importance. During the fellowship, Prof. Strong will continue her work in class and collective arbitration by researching the manner in which public and private actors utilize arbitration to address large-scale legal injuries. She will also convene an international symposium, "Collective Redress in the Cross-Border Context: Arbitration, Litigation, Settlement and More" and coordinate with peers at a number of The Hague's world-renowned legal institutions, including the Permanent Court of Arbitration and the Netherlands Arbitration Institute.
Prof. Strong has published widely in the area of international commercial arbitration and is currently writing Class Arbitration and Collective Arbitration: Mass Claims in the National and International Sphere, to be published in 2012 by Oxford University Press.
Prof. S.I. Strong recently judged the 7th Annual ICC International Commercial Arbitration Mediation Competition in Paris. The ICC competition is the largest and most prestigious international commercial mediation competition in the world and aims to foster the study and use of mediation in international business disputes through the application of conciliatory techniques to a concrete, client-related problem. The competition is judged by leading international mediators, advocates and academics.
Prof. S.I. Strong's article, "Jurisdictional Discovery in United States Federal Courts," originally printed in 67 Washington and Lee Law Review 489 (2010), was reprinted recently in 60 Defense Law Journal 1 (2011). The article, which analyzes jurisdictional discovery in the wake of recent decisions by the U.S. Supreme Court in Ashcroft v. Iqbal and Bell Atlantic Corp v. Twombly, was cited soon after publication in Pretka v. Kolter City Plaza II, Inc., 608 F. 3d. 744 (11th Cir. 2010).
Prof. S.I. Strong recently spoke at an interdisciplinary symposium, "Anticipating Dissension: When Legal Frameworks, U.S. Commerce and Foreign Markets Intersect," held at the University of North Carolina School of Law.
Prof. Strong's presentation, "Resolving Mass Legal Disputes Through Class Arbitration: The United States and Canada Compared," will appear in 37 North Carolina Journal of International Law & Commercial Regulation (forthcoming 2012).
The article and presentation are based on research Prof. Strong conducted pursuant to a grant from the Canadian government.
MU School of Law students recently participated in the American Bar Association National Arbitration Competition in Chicago. Team members Andrew Blackwell, Audrey Danner, Jake Kohut, Dane Rennier and Ida Shafaie won their first three rounds to advance to the championship. Ultimately, the team placed second and finished as national runners up to Texas Tech University, which has won the tournament in three of the past six years.
According to the ABA, the competition is designed to promote "greater knowledge in arbitration by simulating realistic arbitration hearings." The School of Law has achieved great success in this area of dispute resolution by qualifying for the national tournament in four of the past five years and achieving its highest finish this year.
Prof. S.I. Strong has been appointed by the World Intellectual Property Organization (WIPO) and the International Council of Museums (ICOM) to the roster of mediators qualified to participate in the ICOM-WIPO Art and Cultural Heritage Mediation Program. The ICOM-WIPO List of Mediators is comprised of those with specific expertise in art and cultural heritage and related areas.
Two of Professor S.I. Strong's articles – “From Class to Collective: The De-Americanization of Class Arbitration," 26 Arbitration International 493 (2010) (erroneously misattributed to Stacy I. Strong) and “Does Class Arbitration ‘Change the Nature' of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles," 17 Harvard Negotiation Law Review(forthcoming 2012) -- were cited in the dissenting opinion on jurisdiction recently rendered in Abaclat (formerly Beccara) v. Argentine Republic, ICSID Case No. Arb/07/5.
The case, which arose as a result of Argentina's default on approximately $100 billion worth of sovereign debt in 2001, involves more than 60,000 Italian claimants, making Abaclat the first mass arbitration ever brought in the context of international investment (treaty-based) arbitration. Prof. Strong was also cited in the majority award rendered on August 4, 2011.
Prof. S.I. Strong has been appointed to the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center's List of Neutrals. WIPO is a specialized agency of the United Nations dedicated to developing a balanced and accessible international intellectual property system. The WIPO Arbitration and Mediation Center is based in Geneva, Switzerland, and assists in the resolution of international commercial disputes between private parties, particularly in cases involving technology, entertainment and other disputes involving intellectual property. Prof. Strong has significant experience in such matters, having litigated a variety of cases involving international copyright and the entertainment industry while in private practice, and having published several scholarly articles in that area of law. She is also an experienced commercial arbitrator and mediator.
The Global Arbitration Review, one of the leading publications of the international arbitral community, published an article concerning the Center for the Study of Dispute Resolution's annual symposium. The article, “Neighbourly Advice from Gary Born," focuses on the keynote address by world-renowned author-arbitrator Gary Born.
Papers arising out of the symposium, including an article written by Mr. Born, will be published by the School of Law's Journal of Dispute Resolution in early 2012. The symposium, “Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration," was held at the School of Law on October 20-21, 2011.
In an editorial by The Kansas City Star, Dean Bob Bailey is cited for a reasonable and responsible ruling as an arbitrator in a case involving the city and the Local 42 of the International Association of Fire Fighters.
Prof. Dennis Crouch and Prof. S.I. Strong have been appointed to the Patent Mediation Task Force convened by the International Institute for Conflict Prevention & Resolution (CPR Institute), an international think-tank dedicated to improving dispute resolution processes around the world. The task force is comprised of leading experts in the patent industry and includes representatives from private practice and the corporate world as well as academia.
Prof. S.I. Strong will have a Spanish-language version of her upcoming article, "International Arbitration and the Republic of Colombia: Commercial, Comparative and Constitutional Concerns From a U.S. Perspective," 22 Duke Journal of Comparative & International Law (forthcoming 2011), published in an upcoming edition of the Revista Internacional de Arbitraje.The Revista is the leading Spanish-language journal on international commercial arbitration, focusing primarily on developments in Latin America.
Congratulations to the two MU Law arbitration teams who advanced to the National Arbitration Competition, to be held in January in Chicago.
At the regional competition in Iowa, the two MU Law teams emerged victorious from a field of 16 teams. The advancement of these teams to nationals builds on MU Law's strong tradition in arbitration competition, which dates back to 2008 and includes two national placements.
Members of the MU Law arbitration teams are: Andrew Blackwell, Jake Kohut, Ida Shafaie, Audrey Danner, Dane Rennier, Ashley Cross, Andrew Starshefsky, Betty Hatting, Mark Godfrey and Chirag Shah. The teams were advised by MU Law faculty members Rafael Gely, Jim Levin, Chuck Henson and Ben Trachtenberg, and alumnus Scott Fox, '08.
Last year, Prof. S.I. Strong received a grant from the Canadian government to study class actions and class arbitrations in Canada. Her findings will be published in "Resolving Mass Legal Disputes Through Class Arbitration: The United States and Canada Compared," which will appear in 37 North Carolina Journal of International Law & Commercial Regulation (forthcoming 2012). She will also present her research at a symposium sponsored by the University of North Carolina in January 2012.
Prof. S.I. Strong recently traveled to France to speak at a judicial conference convened in the historic city of Toulouse. Her presentation, "Arbitration and Alternative Dispute Resolution in the United States of America," is part of a day-long discussion about alternative means of dispute resolution around the world.
While in Toulouse, Prof. Strong also taught a class on various forms of alternative dispute resolution at Université Toulouse 1 Capitole.
Prof. S.I. Strong traveled recently to Washington, D.C., to speak at a conference organized by the International Chamber of Commerce, International Centre for the Settlement of Investment Disputes and the International Center for Dispute Resolution, the international arm of the American Arbitration Association. The conference was held at American University Washington College of Law and Prof. Strong spoke on agency and distribution issues arising in international commercial arbitration.
Prof. S.I. Strong received the 2011 award for Best Original Short Article from the International Institute for Conflict Prevention and Resolution (CPR Institute), an international think-tank that promotes innovation in commercial dispute prevention and resolution, for her article "Collective Arbitration Under the DIS Supplementary Rules for Corporate Law Disputes: A European Form of Class Arbitration?" in 29 ASA Bulletin 45 (2011).
Prof. Strong is one of few academics to be honored twice by the CPR Institute, having won the award for Best Professional Article in 2009 with her article, "The Sounds of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration in Cases of Contractual Silence or Ambiguity?," in 30 Michigan Journal of International Law 1017 (2009).
Prof. Strong traveled to New York to accept the award on January 11.
On Oct. 21, the School of Law and its Center for the Study of Dispute Resolution are hosting an international symposium -- "Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration." Keynote speaker Gary Born is widely regarded as the world's preeminent authority on international commercial arbitration and international litigation. He has been ranked for the past decade as one of the world's leading international arbitration practitioners and the leading arbitration practitioner in London.
Born was recently selected by leading international arbitrators and peer practitioners to receive the Global Arbitration Review's inaugural "Advocate of the Year" award and was also chosen by his peers as the "World's Best International Litigator" in a recent survey by Legal Media Group. He has participated in more than 550 international arbitrations, including four of the largest ICC arbitrations and several of the most significant ad hoc arbitrations in recent history. Born is uniformly ranked by Euromoney, Chambers, Legal 500 and Global Counsel as one of the leading practitioners in the field and is one of only three lawyers in the world to receive global "starred" status in Chambers rankings.
Panelists at the symposium include Frédéric Bachand, Professor of Law, McGill University Faculty of Law (Montreal, Canada); Christopher Drahozal, John M. Rounds Professor of Law, University of Kansas; Alejandro Garro, Professor of Comparative Law, Columbia University; Louise Reilly, Legal Counsel for the Court of Arbitration for Sport (Lausanne, Switzerland); Marianne Roth, Professor of Law and Chair of the Academic Senate, University of Salzburg (Austria); and Peter B. Rutledge, Professor of Law, University of Georgia.
The symposium is convened by Prof. S.I. Strong and is co-sponsored by the Chartered Institute of Arbitrators North American Branch with additional support from the American Society of International Law, the American Bar Association Section of International Law, the Canadian Bar Association and Transnational Dispute Management.
On Oct. 20, the School of Law and its Center for the Study of Dispute Resolution are hosting an international works-in-progress conference involving the intersection between litigation and international commercial arbitration. Speakers include legal academics and practitioners from Belgium, Sweden, New Zealand, Taiwan, the United Kingdom and the United States, with additional speakers joining the conference by video link from Spain. The day's events will conclude with a presentation from Victoria Shannon, Deputy Director of Arbitration and ADR (North America) at the International Chamber of Commerce, one of the leading arbitral institutions in the world. Shannon is speaking on the recent revisions to the ICC Rules of Arbitration. The works-in-progress conference is convened by MU Law Prof. S.I. Strong.
The MU Law Center for the Study of Dispute Resolution (CSDR) is co-sponsoring several video conversations on the role of lawyers and mediators in promoting civility in public discourse for Mediation Week, which is sponsored by the American Bar Association Section on Dispute Resolution. Each day this week, The Law Offices of Sarah J. Read, Kaleidoscope Consulting, The Communications Center and MU Law CSDR will feature an online video interview focused on the theme of civility and civil discourse. MU Law participants include Prof. Richard Reuben and LLM Program Director Paul Ladehoff.
The keynote speaker for the 2011 Center for the Study of Dispute Resolution Symposium, Gary Born, was recently selected by leading international arbitrators and peer practitioners to receive the Global Arbitration Review's Advocate of the Year award for 2010. He was also chosen by his peers as the World's Best International Litigator in a recent survey by Legal Media Group. Born is widely regarded as the world's preeminent authority on international commercial arbitration and international litigation. He has been ranked for the past decade as one of the world's leading international arbitration practitioners and the leading arbitration practitioner in London. He has participated in more than 550 international arbitrations, including four of the largest ICC arbitrations and several of the most significant ad hoc arbitrations in recent history. Born is uniformly ranked by Euromoney, Chambers, Legal 500 and Global Counsel as one of the leading practitioners in the field. He is one of only three lawyers in the world to receive global "starred" status in Chambers rankings.
Born will speak on Friday, October 21, at 10:30 am in 7 Hulston Hall on the MU campus on "Border Skirmishes: The Intersection of Litigation and International Commercial Arbitration." Registration for the symposium is $50 (free for full-time academics and students).
On Oct. 21, keynote speaker Gary Born leads an international group of experts in a frank discussion of issues that can arise when parties combine litigation tactics with international commercial arbitration. The symposium, Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration, will be held at the award-winning Center for the Study of Dispute Resolution at the MU School of Law.
Associated events include a works-in-progress conference where authors discuss their current research with other specialists and a student writing competition sponsored by the Chartered Institute of Arbitrators (CIArb) North American Branch. The registration fee for the symposium, including an early bird session concerning the new ICC Rules of Arbitration, is $50 and registration is available online.
Prof. Richard Reuben's article, “Bringing Mindfulness into the Classroom,” was one of five articles selected for publication in a forthcoming symposium edition of the Journal of Legal Education. The journal, published by the Association of American Law Schools, is distributed quarterly to more than 10,000 law professors.
Professor S.I. Strong recently traveled to Cartagena, Colombia, to speak at the Congreso Internacional de Derecho Procesal (International Congress of Procedural Law). Professor Strong's presentation, "Resolution of Mass Legal Disputes in the International Sphere: Are Class Actions Better Than Class Arbitration?,” was published in La Jurisdicción y La Protección Internacional de Los Derechos: 4 Congreso Internacional de Derecho Procesal (2011).
While in Colombia, Professor Strong also taught a seminar in international commercial arbitration and transnational litigation at the Universidad de Medellin. Professor Strong's recent work in Colombia has also generated an article, "International Arbitration and the Republic of Colombia: Commercial, Comparative and Constitutional Concerns From a U.S. Perspective,” which will appear in 22 Duke Journal of Comparative & International Law (forthcoming 2012). The article constitutes one of the very few analyses of Colombian arbitration law in English and the first comparison of U.S. and Colombian approaches to international commercial arbitration.
Prof. S.I. Strong's upcoming article, "Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles,” 17 Harvard Negotiation Law Review (forthcoming 2012), was cited on the SCOTUS (Supreme Court of the United States) blog in a posting by Professor Jill I. Gross titled "AT&T Mobility, FAA Preemption and Class Arbitration."
Professor S.I. Strong's article, "From Class to Collective: The De-Americanization of Class Arbitration,” in 26 Arbitration International 493 (2010), was recently cited in a ground-breaking arbitration administered by the International Centre for Settlement of Investment Disputes (ICSID). The case, which is entitled Abaclat (formerly Beccara) v. The Argentine Republic, ICSID Case No. Arb/07/5, involves more than 60,000 Italian claimants, making it the first large-scale arbitration administered by ICSID. The citation to Professor Strong's work (unfortunately misattributed to “Stacy I. Starck”) appears at pages 189-90 of the jurisdictional award rendered on Aug. 4, 2011.
Professor S.I. Strong spoke recently at the University of Frankfurt and and the University of Passau at the request of the Deutsche-Amerikanische Juristen-Vereinigung (German-American Lawyers Association), addressing various topics in international commercial arbitration. The presentation at the University of Passau constituted in the inaugural lecture in the Faculty of Law's Series on American Law. While in Europe, Professor Strong also taught on the Summer Academy in International Commercial Arbitration in Linz, Austria, along with Missouri Professor Richard Reuben. Several Missouri students attended the Academy this year.
On April 27, 2011, several members of the MU Law School Community will be honored at the 13th Annual Women's Justice Awards at the Four Seasons Hotel in St. Louis. The Women's Justice Awards, presented by Missouri Lawyers Weekly, recognize women across the state of Missouri who have improved the quality of justice and exemplified the highest ideals of the legal profession. The Law School congratulates:
Professor S.I. (Stacie) Strong (Legal Scholar Award)
Adjunct Professor Lori J. Levine, Carson and Coil (Litigation Practitioner Award)
Garnett Matthews Campbell, 3L (Leader of Tomorrow Award)
Janet Robey Alonzo ('82), UniGroup, Inc. (Enterprise Award)
Millie Aulbur ('90), The Missouri Bar (Citizenship Award)
Jill Geary Patterson ('93), Greene County Sheriff's Office (Public Services Practitioner Award)
Susan Ford Robertson ('86), The Robertson Law Group (Litigation Practitioner Award)
Professor John Lande's book, Lawyering with Planned Early Negotiation: How You Can Get Good Results for Clients and Make Money, was published by the ABA. The strategies in this book can help lawyers become more effective negotiators, which can increase their professional satisfaction, generate good will, relieve stress, and increase their effective billing rates with creative fee arrangements. This book is not only about negotiation -- it outlines a general approach to practicing law. For more information, see http://www.law.missouri.edu/lande/plannedearly.htm.
Read the MU News Bureau press release here.
Professor Richard C. Reuben has recently been elected to The American Law Institute.
The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law. The Institute drafts, discusses, revises, and publishes Restatements of the Law, model statutes, and principles of law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education.
For more information click here (PDF)
Professor S.I. Strong's article, "Does Class Arbitration 'Change the Nature' of Arbitration? Stolt-Nielsen and First Principles," will be published in the Harvard Negotiation Law Review in early 2012. The article considers the Supreme Court's recent claim that class arbitration "changes the nature" of arbitration by comparing class arbitration with other types of multiparty arbitration, discussing the jurisprudential nature of arbitration and analyzing whether class arbitration deviates from previously established norms in any way.
Professor S.I. Strong will speak in April at The Journal of Private International Law's annual conference, which will be held at the University of Milan. Professor Strong's talk is entitled "Resolving Mass Legal Disputes in the International Sphere: Are Class Arbitrations an Option? Lessons From the United States and Canada." The presentation is the culmination of research conducted pursuant to a grant provided by the International Council of Canadian Studies (ICCS).
Professor S.I. Strong has been named as a Visiting Fellow for 2011 at the Lauterpacht Centre for International Law at the University of Cambridge in the United Kingdom. During the fellowship period, Professor Strong will conduct research on international arbitrations involving mass claims and state or quasi-state parties in the non-investment context. Particular attention will be paid to the ground-breaking Abyei Arbitration, which was heard at the Permanent Court of Arbitration at The Hague in 2009, although Professor Strong will also investigate the extent to which a similar type of dispute resolution mechanism could be used in other mass conflict situations. The research findings will be included in Professor Strong's upcoming book, Class Arbitration and Collective Arbitration: Mass Claims in the National and International Sphere, to be published in 2012 by Oxford University Press. More information on the Lauterpacht Centre can be found here.
The University of Missouri School of Law was recently granted Recognised Course Provider status by the Chartered Institute of Arbitrators (CIArb) for four courses in Missouri's juris doctor program: Lawyering, International Commercial Arbitration, Arbitration, and Arbitration and Labor Problems. With this step, Missouri joins a select group of world-renowned universities who have been granted course provider status by CIArb. In fact, Missouri is the first and thus far only US law school to be named a Recognised Course Provider for courses offered during the regular academic year. For more information on CIArb, click here.
The University of Missouri School of Law has joined the Institute of Transnational Arbitration (ITA) as an institutional member and counts two of its faculty members - Professor Ilhyung Lee and Professor S.I. Strong - as ITA Advisory Board Members. The ITA is active in providing advanced continuing education for practitioners, arbitrators, judges and other professionals involved with transnational arbitration of commercial and investment disputes.
Professor S.I. Strong has been named by The Hague Institute for the Internationalization of Law (HIIL) and The Netherlands Institute for Advanced Study in the Humanities and Social Sciences (NIAS) as the Henry G. Schermers Fellow for 2011-2012. The Henry G. Schermers Fellowship, which is offered jointly by HIIL and the NIAS, brings prominent senior scholars in law and the social sciences to The Hague to work on research of international importance. During the fellowship period, Strong will continue her work in class and collective arbitration, a subject of growing importance on the national and international stage, by researching the manner in which public and private actors utilize arbitration to address large scale legal injuries. During her time in The Netherlands, Strong hopes to coordinate with peers at a number of The Hague's world-renowned legal institutions, including the Permanent Court of Arbitration and the Netherlands Arbitration Institute, as well as the outstanding researchers based at HIIL itself. Strong has published widely in the area of international commercial arbitration and is in the process of writing a book, Class Arbitration and Collective Arbitration: Mass Claims in the National and International Sphere, which will be published in 2012 by Oxford University Press. More information on the Henry G. Schermers Fellowship can be found at the HIIL website.
Professor S.I. Strong has had an article entitled "From Class to Collective: The De-Americanization of Class Arbitration" accepted for publication in 26 Arbitration International __ (2010). The piece discusses the likely expansion of large-scale group arbitration beyond U.S. borders and considers the various forms that those procedures - described as "collective arbitration" to distinguish the actions from U.S. class arbitrations - will take. The analysis also addresses the international enforceability of awards arising out of new forms of collective arbitration.
Selected Media Placements:
The American Review of International Arbitration, the only peer-reviewed journal of its type in the United States, has just published a new work by Professor S.I. Strong entitled "Research in International Commercial Arbitration: Special Skills, Special Sources." The article helps deepen the understanding of the practice of international commercial arbitration by describing how experienced international advocates and arbitrators research, present and consider legal arguments in this unique field of law. The article can be found at 20 The American Review of International Arbitration 119 (2010) and is available on SSRN here.
Professor S.I. Strong was recently awarded a grant from the International Council of Canadian Studies (ICCS) to study class actions and class arbitrations involving Canadian parties. The research, which covers both domestic and cross-border disputes, will be the subject of a research paper to be presented in the coming year. The work will also appear in Professor Strong's forthcoming book on class and collective arbitration, which will be published by Oxford University Press.
On January 13, 2010, the International Institute for Conflict Prevention and Resolution ("CPR") awarded the Center for the Study of Dispute Resolution at the University of Missouri School of Law the CPR's 2009 "Problem Solving in Law School Award". Read the University of Missouri press release here.
Congratulations to the CSDR faculty and staff for their dedicated service and this outstanding national award: Bob Bailey (director), Jim Levin (associate director), Laura Coleman, Jim Devine, Rafael Gely, Phil Harter, Paul Ladehoff, John Lande, Ilhyung Lee, Peggy McGuinness, Karen Neylon, Richard Reuben, S.I. Strong, Rod Uphoff, and Jim Westbrook.
Professor S.I. Strong is the co-recipient of the International Institute for Conflict Prevention and Resolution's 2009 award for Best Original Professional Article, for her article The Sounds of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration in Cases of Contractual Silence or Ambiguity?, 30 MICHIGAN JOURNAL OF INTERNATIONAL LAW 1017 (2009). Read the University of Missouri press release here and Professor Strong's winning article available on SSRN.
Professor S.I. Strong will present her paper, "Class Arbitration Outside the United States: Reading the Tea Leaves," at The American Association of Law Schools (AALS) Dispute Resolution Section Works in Progress conference at Harvard Law School on November 13-14. The finished article will be presented at the International Chamber of Commerce (ICC) Institute Annual Conference in Paris, France, on December 8. Professor Strong will also speak on class arbitration at the University of Antwerp in December.
Professor S.I. Strong's latest article, Jurisdictional Discovery in United States Federal Courts, will be published in Volume 67 of the Washington and Lee Law Review ___ (anticipated 2010). A draft version is available on SSRN.
As a method of dispute resolution, labor arbitration falls somewhere in between non-binding forms of dispute resolution and more formal dispute resolution processes. This "in-between" status has made it difficult at times for the participants in labor arbitration to decide what role the law and legally related constructs should play in labor arbitration.
This symposium seeks to reignite the discussion on the legalization of labor arbitration. The presenters will explore the history of "creeping legalism" and evaluate its effect on the practice of labor arbitration. The presenters will also assess the effect of the legalization of labor arbitration in other forms of dispute resolution, as well as identify future trends.
Two of Professor S.I. Strong's international class arbitration articles have been cited on the merits in briefs to the United States Supreme Court in Stolt-Nielsen SA v. AnimalFeeds Int'l Corp. The first, "Enforcing Class Arbitration in the International Sphere: Due Process and Public Policy Concerns," 30 University of Pennsylvania Journal of International Law 1 (2008), was cited in the Brief for Petitioner on the merits and by two amicus briefs (the American Arbitration Association and the Association for Ship Owners). The second, "The Sounds of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration in Cases of Contractual Silence or Ambiguity?" 30 Michigan Journal of International Law 1017 (2009), was cited in draft form in the amicus brief of the Association for Ship Owners. The briefs can be found here. Respondents' briefs are not yet due.
Professor Strong has also published two case comments - one on the Supreme Court decision in Arthur Andersen v Carlisle and one on the decision to grant certiorari in Stolt-Nielsen SA v. AnimalFeeds Int'l Corp. - published in Arbitration News, which is put out by the International Bar Association. The comments can be found in the September 2009 issue here.
The American Bar Association Section of Dispute Resolution annual conference was held on April 15-18 in New York, NY. The following people affiliated with MU Law appeared on the program:
MU Faculty and Staff
Paul Ladehoff, the Center's Director of Training Programs, will be on a panel entitled, "Paving the Way Home - It's No Yellow Brick Road for Veterans or Their Families."
Prof. John Lande will be one of three speakers giving the Frank Sander Lecture, "Innovative Lawyering and Problem Solving: Competence, Professionalism, and Increasing Market Share" and will also be on panels entitled, "Collaborative and Cooperative Law in a Nutshell" and "Lessons from the Three Stooges: Exploring he Risks of Groupthink in Interdisciplinary and Collaborative Practice."
Prof. Jean Sternlight, University of Nevada, Las Vegas and Senior Fellow of the Center, will be on two panels about reconciling international and domestic concerns regarding the fairness of arbitration.
Alyson Carrel (J.D. '04), Center for Conflict Resolution, will be in a program entitled, "Who, What, Where, When and How: Dissecting the Use of Questions in Mediation."
Prof. Art Hinshaw (JD. '93, LL.M. '00), Arizona State University, is one of the organizers of a session entitled, "Law Professors' Teaching Forum: Mediation Shop Talk."
Lynn Malley (J.D. '84, LL.M. '03), Creative Conflict Management Resources, will be on a panel entitled, "Paving the Way Home - It's No Yellow Brick Road for Veterans or Their Families."
John Phillips (J.D. '71), Husch Blackwell Sanders LLP, who is a co-chair of the conference, will moderate a session entitled, "Around the World in 90 Minutes: Reports on the State of Mediation from the Far Corners of the Earth."
James Reeves (LL.M. '04), USAM-Midwest, will be on a panel entitled, "Scribbler, Scribe or Solicitor: The Mediator's Role in Drafting Agreements."
Professor Stacie I. Strong will conduct a 90-minute phone seminar for ALI-ABA based on her new book, Research in International Commercial Arbitration: Sources and Strategies, published by Oxford University Press in April 2009. The first-of-its-kind book provides an insider's guide to the strategies associated with researching international commercial arbitration as well as detailed treatment of the unique sources of law used in this field. Different chapters discuss:
The book also includes a user-friendly bibliography of sources in international commercial arbitration to help practitioners find the materials they need. The bibliography includes tips on how each type of resource is used and where it can be found in electronic or printed form, thus helping to increase understanding in this complex area of law.
Providing practical guidance on a little-discussed topic, Research in International Commercial Arbitration: Sources and Strategies appeals to practitioners and students new to the field of international commercial arbitration as well as more experienced lawyers and academics looking to improve their knowledge of specialist sources.
The ALI-ABA phone seminar that is based on the book is entitled "Research Sources and Strategies in International Commercial Arbitration: An Insider's Guide" and will be offered on Monday, April 13, 2009, from noon to 1:30 p.m. Eastern time. Further information on the seminar can be found at this link: http://ali-aba.org/TSPKC10. Those who miss the live version of the seminar will be able to access an archived version of the talk through ALI-ABA.
The Center for the Study of Dispute Resolution and the Center for the Study of Rulemaking at American University are cosponsoring a symposium to explore the full range of issues surrounding the concept of collaborative governance. For more information, see law.missouri.edu/csdr/symposium.
Professor Jennifer Reynolds recently spoke at a public training session at a Superfund site in Coeur d'Alene, Idaho. Prof. Reynolds addressed the topic of "building trust and resolving difference," with an emphasis on cultivating long-term relationships between contentious parties. The training was sponsored by the US Environmental Protection Agency through its Community Involvement University program for individuals involved in or affected by the Coeur d'Alene Basin Cleanup Project.
Professor llhyung Lee recently gave a presentation at Harvard Law for the school's East Asian Legal Studies Program (EALS). EALS is the country's oldest and most extensive academic program devoted to the study of law and legal history of East Asia and the region's interaction with the United States. The program was created in 1965 because of a growing interest in the legal cultures of China, Japan, Korea, and Southeast Asia. Professor Lee is perfectly suited to speak on this area since he has extensive knowledge and interest in the law, society and culture of contemporary Korea, along with his expertise in cross-cultural dispute resolution. Lee's presentation was entitled "Legislating Equality in Korean Law and Policy" which is also the topic of some of his most recent articles.
Shortly after the Harvard presentation, Professor Lee lectured at the Columbia Independent School to high school juniors and seniors in their "Global Issues" class. The presentation focused on cross-cultural dispute resolution, which is a class Professor Lee teaches here at MU Law. Professor Lee's other involvements in this subject include being in the roster of neutrals for the International Centre for Dispute Resolution, the Korean Commercial Arbitration Board and membership in the Institute for Transnational Arbitration, among several others.
Professor John Lande will give a teleconference entitled, "Cooperative Law: A New Technique to Negotiate Cases More Successfully." The teleconference, sponsored by the New York Dispute Resolution Association, will take place on Tues., Nov. 18, from 2-3 Central Time. For more information, see http://www.nysdra.org/calendar/calendar.aspx?action=details&eventid=108.
On Oct. 31, Professor John Lande attended the International Mediation Leadership Summit sponsored by the ABA Section of Dispute Resolution in collaboration with 12 other ADR organizations. The meeting took place at the Peace Palace in The Hague, Netherlands, with the goal of developing relationships between ADR leaders from around the world. Lande was one of 80 participants from 29 different countries. He presented his latest scholarly work and led small-group discussions. Prof. Lande commented that "It was very flattering to discover that mediation professionals in other countries have been reading my work, as experts from Israel, Hungary, Belgium, Austria, Italy, and the Netherlands told me that they found it useful."
Professor Bob Bailey, CSDR director and assistant dean, recently spoke on "the business of arbitration" to the National Academy of Arbitrators Fall Education Conference, where he was appointed chair of the nominating committee. He also recently spoke to the Missouri Department of Transportation on arbitration of highway disputes and to MU Extension and Commerce Bank on "Effective Community Board Leadership."
Professor John Lande, Director of Masters in Law in Dispute Resolution and Isidor Loeb Professor of Law, has published "Doing the Best Mediation You Can," 14 Dispute Resolution Magazine 43 (Spring/Summer 2008). The article summarizes research by the Task Force on Improving Mediation Quality of the ABA Section of Dispute Resolution. Professor Lande has also published "An Appreciation of Marc Galanter's Scholarship," 71 Law and Contemporary Problems 147 (Spring 2008). These articles are available at http://law.missouri.edu/lande/publications.htm#mtp and http://law.missouri.edu/lande/publications.htm.
Professor Ilhyung Lee will give the Distinguished Scholar-in-Residence Lecture, "Culture and the Dispute Resolution Process" at Case Western Reserve University School of Law on Sept. 24. The lecture is presented by the Center for the Interdisciplinary Study of Conflict and Dispute Resolution.
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