Comparative Law and International Dispute Resolution Processes

American Society of Comparative Law 2019 Annual Meeting Program

In cooperation with the University of Missouri Center for the Study of Dispute Resolution, the University of Missouri International Center, and Media Partner Transnational Dispute Management (TDM)/OGEMID/Young OGEMID

October 17-19, 2019

Overview

Comparative law has long been an integral part of the international dispute resolution process, regardless of whether the matter involves litigation, arbitration, mediation, conciliation or negotiation. However, scholars have seldom focused on the comparative element, preferring instead to analyze various issues as a matter of public or private international law. While it is important to consider dispute resolution as a reflection of international law, that perspective does not answer all relevant questions.

The American Society of Comparative Law’s 2019 annual program seeks to delve more deeply into how comparative law operates formally and informally, visibly and invisibly, publicly and privately, in cases involving cross-border dispute resolution. The program includes two plenary sessions that are intended to provide an overview of comparative law in international dispute resolution as well as recommendations and forecasts for the future of the field.

While the precise topics are still being discussed, the first plenary will likely consider, among other things, how legal reasoning in international litigation or international arbitration varies (if at all) across the common law-civil law divide; how public or private initiatives (such as the United Nations Case Law on UNCITRAL Texts project) can increase comparative legal research in the area of international dispute resolution; how constitutional norms can affect the use of comparative law in international dispute resolution; or how comparative law can increase the perceived legitimacy of the international dispute resolution process.

The second plenary will likely consider, among other things, how epistemic communities will affect the development of comparative law in international dispute resolution; how internet and online technology will affect the development of international dispute resolution and the role that comparative law will play in that process; and lessons that the global community can learn from the European Union with respect to comparative law and cross-border dispute resolution.

The annual program will also include time slots accommodating concurrent panels. Proposals will be considered on a variety of subjects on comparative law and international dispute resolution, such as those involving particular procedures, including judicial procedures, arbitral procedures and consensual procedures (meaning negotiation, mediation and conciliation), as well as the way that comparative law is used by judges, legislators, policymakers and parties in those processes. It is expected that panel members will not only address various questions from a comparative perspective but will also incorporate interdisciplinary and empirical perspectives into their analyses. The concurrent panels may also be on comparative law topics different from the main topic of international dispute resolution and, as a way to foster multilingualism at the ASCL, may also be held in languages different from English.

The University of Missouri intends to publish six to eight papers from the annual meeting in the Journal of Dispute Resolution, the scholarly publication of the CSDR. The Journal was established in 1984 and is recognized nationally and internationally as one of the leading journals in the area of alternative dispute resolution. In the past, the Journal has published articles by internationally renowned authors, including Justice Frédéric Bachand, Gary Born, Judge Jeremy Fogel, Marc Galanter, Deborah Hensler, Carrie Menkel-Meadow, Judith Resnik and Frank E.A. Sander, among others.

Given the nature of the conference, the editors of the Journal are willing to consider a variety of formats for published works. Thus, papers can range from standard single-author pieces to moderator-generated reports or transcripts of panel presentations. Contributors to the Journal need to submit the final versions of the papers by the end of November or beginning of December 2019 so that the articles can be edited and published in the spring 2020 issue of the Journal.

Cost and Registration

There is a $50.00 registration fee associated with the annual meeting, although the fee is waived for ASCL members and students. However, all attendees are asked to register by October 1, 2019.

Register Online

About the American Society of Comparative Law

The American Society of Comparative Law, Inc. (ASCL) is the leading organization in the United States promoting the comparative study of law. Founded in 1951, it is a thriving organization of more than 100 institutional sponsor members, both in the United States and abroad, and a growing number of individual members. The Society publishes The American Journal of Comparative Law, the outstanding American publication of scholarship on comparative law. The Society also holds annual meetings at which comparative law scholars present research and critically examine important legal issues from a comparative perspective. In addition, the Society provides support to other scholarly conferences both in the United States and internationally that deal with comparative law.

About the Center for the Study of Dispute Resolution

The mission of the Center for the Study of Dispute Resolution (CSDR) is to develop and promote:

  1. Appropriate methods for understanding, managing and resolving domestic and international conflict.
  2. The use of dispute resolution techniques to enhance informed decisionmaking.

In furtherance of that mission, the CSDR fosters comprehensive approaches to lawyering and decisionmaking and promotes the appropriate use of alternative processes of dispute resolution through engagement in legal and interdisciplinary scholarship; law school teaching and curriculum initiatives; educational services to legal and dispute resolution professionals; law reform related to dispute resolution; and direct dispute resolution services.

About the Journal of Dispute Resolution

Select papers from the annual conference will be published in the Journal of Dispute Resolution. The Journal was established in 1984 and is recognized as the leading legal publication in the area of alternative dispute resolution. The Journal contains articles written by nationally and internationally prominent authors as well as by students on a wide variety of topics in the field of dispute resolution.

About Transnational Dispute Management (TDM), OGEMID and Young OGEMID

TDM is a peer-reviewed online journal dedicated to various aspects of international arbitration, with a special focus on investment arbitration. Since the first issue was published in 2004, TDM has gained popularity among a large number of law firms, academics and other professionals in the field of arbitration.

OGEMID is part of TDM and is the world’s only high-profile arbitration discussion forum.  OGEMID brings together most of the world’s experienced professionals in the field of international dispute management (arbitration, mediation and negotiation), with a particular emphasis on investment disputes.  Young-OGEMID also focuses on matters involving international dispute resolution, but is only open to junior practitioners (e.g., those who have not been made partner or counsel), junior academics (e.g., those who have not received tenure) and law students so as to create a forum where young professionals can discuss and debate topics of interest on an equal basis and out of the eyes of more senior lawyers.  Young-OGEMID, which is currently free for eligible individuals, has also developed a number of initiatives meant to address the unique needs of listserv members, including “virtual” symposia and member research forums.

For more information about TDM, OGEMID and Young-OGEMID, click here: https://www.transnational-dispute-management.com/about-tdm.asp.

General Information

Directions and parking information for the University of Missouri School of Law are available at http://law.missouri.edu/about/directions/.

For further information, please contact Mary Tran at 2019ASCL@law.ucla.edu.

 

Program

Please note:  the following is tentative and subject to change.  Further information will be provided as it becomes available.

Thursday, October 17, 2018
9:00 am – 5:00 pm Works-in-Progress Conference
4:00 pm – 7:00 pm Registration
5:00 pm – 7:00 pm Welcome Reception
7:00 pm – 9:00 pm Meeting Executive Committee
Friday, October 18, 2018
8:00 am – 9:00 am Registration and continental breakfast
9:00 am – 9:15 am Welcome Remarks
9:15 am – 10:45 am Plenary Panel I: Comparative Law in International Dispute Resolution – An Overview
Prof. Ronald Brand, University of Pittsburgh: Comparative Law and International Litigation

Prof. Kun Fan, McGill University: Comparative Law and International Mediation

Prof. Josh Karton, Queen’s University: Comparative Law and International Commercial Arbitration

Prof. George Bermann, Columbia University, is unable to attend the annual meeting, but will submit a written paper on Comparative Law and International Commercial Arbitration to the symposium issue of Journal of Dispute Resolution dedicated to the annual meeting.

10:45 am – 11:00 am Coffee break
11:00 am – 12:30 pm Concurrent Panels I
12:30 pm – 1:30 pm Lunch
1:30 pm – 2:45 pm Hot Topic Panel
2:45 pm – 3:00 pm Coffee break
3:00 pm – 4:30 pm Concurrent Panels II
4:30 pm – 4:45 pm Coffee break
4:45 – 6:00 pm Plenary Panel II: The Future of Comparative Law in International
Dispute Resolution
Prof. Janet Martinez, Stanford University: Comparative Law and Dispute System Design – A Look Forward

Prof. Jacqueline Nolan-Haley, Fordham University: Comparative Law and Access to Justice – A Look Forward

Prof. Amy Schmitz, University of Missouri: Comparative Law and Online Dispute Resolution – A Look Forward

7:00 pm – 9:00 pm Conference Dinner
Saturday, October 19, 2018
8:30 am – 10:30 am Young Comparativists Panel
10:30 am – 10:45 am Coffee break
10:45 am – 12:15 pm Society Business Meeting

Costs and Registration

There is a $50.00 registration fee associated with the annual meeting, although the fee is waived for ASCL members and students. However, all attendees are asked to register by October 1, 2019.

Register Online

Directions and parking information for the University of Missouri School of Law are available at http://law.missouri.edu/about/directions/.

For further registration information, please contact Karen Neylon at mulawcdr@missouri.edu or 573-882-2020.

Works in Progress Conference

A works-in-progress conference is being organized in conjunction with the American Society of Comparative Law 2019 Annual Meeting at the Center for the Study of Dispute Resolution at the University of Missouri School of Law. The works-in-progress conference will be held on Thursday, October 17, 2019, in advance of the main program of the 2019 Annual Meeting, which will be held on Friday, October 18, and Saturday, October 19, 2019.

Those interested in presenting a paper at the works-in-progress conference should submit an abstract no more than one page in length to Mary Tran at 2019ASCL@law.ucla.edu on or before May 20, 2019. Decisions regarding accepted papers will be made in June 2019. Submissions should bear some relationship to the topic of the annual meeting, which considers the role of comparative law in the international dispute resolution process. The authors of the accepted papers will have to submit the final draft for circulation among the conference participants by no later than October 3, 2019.

Those submitting proposals for the works in progress conference should be aware that there is no funding available to assist participants with travel or related costs. Proposals from both practitioners and full-time academics are welcome, as are proposals from advanced degree students.

The American Society of Comparative Law is the leading organization in the United States promoting the comparative study of law. For more on the American Society of Comparative Law, visit this site.

The University of Missouri’s award-winning program in dispute resolution consistently ranks as one of the best in the nation. For more on the University of Missouri and the Center for the Study of Dispute Resolution, visit this site.

Further information about the works-in-progress conference will be posted in June 2019.

Questions and submissions should be directed to:

Mary Tran
2019ASCL@law.ucla.edu

Concurrent Panels

The annual program will also include time slots accommodating concurrent panels. Proposals will be considered on a variety of subjects on comparative law and international dispute resolution, such as those involving particular procedures, including judicial procedures, arbitral procedures and consensual procedures (meaning negotiation, mediation and conciliation), as well as the way that comparative law is used by judges, legislators, policymakers and parties in those processes. It is expected that panel members will not only address various questions from a comparative perspective but will also incorporate interdisciplinary and empirical perspectives into their analyses. The concurrent panels may also be on topics different from the main topic of the 2019 Annual Meeting on international dispute resolution and, as a way to foster multilingualism at the ASCL, may also be held in languages different from English.

The Annual Meeting Program Committee of the American Society of Comparative Law will select the panels that will be held at the meeting in consultation with the University of Missouri School of Law. Panel proposals should include up to four speakers, a panel title, and a one-to-two-paragraph description of the ideas that the panel will explore. Panel proposals should be submitted via e-mail to Mary Tran at 2019ASCL@law.ucla.edu on or before May 20, 2019. Decisions regarding accepted panels will be made in June 2019.

Those submitting panel proposals should be aware that there is no funding available to assist participants with travel or related costs.

Any questions about the panel proposals should be addressed to Mary Tran at 2019ASCL@law.ucla.edu.