Strong Speaks at Harvard Law School on Class Arbitration

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.

Reuben Quoted in WSJ Consumer Arbitration Story

Professor Richard C. Reuben was recently quoted on the front page of the Wall Street Journal in Turmoil in Arbitration Empire Upends Credit-Card Disputes. Read the article here.

Strong on Jurisdictional Discovery in Federal Courts

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.

CSDR Symposium: The Creeping Legalism of Labor Arbitration

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.

More Information

Strong Articles Cited in U.S. Supreme Court Briefs

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.

ABA Section of Dispute Resolution Annual Conference Features MU Law Faculty, Staff, and Alumni

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.

MU Alumni

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."

Read more about the conference

Professor Stacie I. Strong Presents Seminar on Her New Book, Research in International Commercial Arbitration: Sources and Strategies

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:

• What constitutes legal authority in international commercial arbitration and where it can be found;
• How experienced advocates use and present their research in international commercial arbitration;
• How international commercial arbitrators evaluate the weight of competing authority; and
• How to research common types of disputes

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.

Dispute Resolution Symposium — Collaborative Governance: The Future of Regulation

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 Reynolds Speaks About Building Trust

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 Shares his Expertise at Harvard Law and the Columbia Independent School

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 Lande to Give Teleconference on Cooperative Practice

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.

Professor Lande Attended International Mediation Leadership Summit in the Hague

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 Bailey Speaking on Arbitration

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 Lande Publishes Two Articles

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 Lee Distinguished Scholar-in-Residence at Case Western

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.

Center Welcomes New Faculty

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