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McGill Journal of Dispute Resolution

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McGill Journal of Dispute Resolution[edit | edit source]

McGill Journal of Dispute Resolution  
Find out here or here
McGill J Dis R.
DisciplineLaw
LanguageEnglish, French
Publication details
Publication history
2014 - Present
FrequencyAnnual
Yes
Links

The McGill Journal of Dispute Resolution (French title: Revue de règlement des différends de McGill) is a scholarly legal publication affiliated with the student body of the McGill University Faculty of Law in Montreal, Quebec. It is a bilingual peer-reviewed academic journal dedicated to the presentation of scholarship in the fields of arbitration, mediation, facilitation, negotiation and other forms of alternative dispute resolution.

The journal is run by law students at the Faculty under the current supervision of well-regarded Canadian arbitration scholar and jurist Fabien Gélinas. Its mission is to promote discourse surrounding alternative forms of dispute resolution between scholars, practitioners, students and the public at large through the provision of free high-quality peer-reviewed scholarship.[1]

The journal's first volume was published in 2014. In short order, it has become a forum for important voices in the field of international arbitration both in Canada and internationally, publishing interviews and scholarship by public figures like Dick Pound, Yves Fortier, Armand De Mestral, David W. Rivkin, and Mokhtar Lamani.[2][3]

The journal is available on SSRN, LexisNexis, CanLii, and WestLaw.

Issues[edit | edit source]

Year Volume Articles
2014-2015 1:1-2 "Jurisdiction and Applicable Law in Investment Treaty Arbitration" by Christoph Schreuer

"Looking Back at Canada — Periodicals: Autopsy of a Missed Opportunity to Address the Problem of Conflicting Provisions in the World Trade Organization and Preferential Trade Agreements’ Dispute Settlement Systems" by Elsa A Paparemborde

"L’influence de la culture sur la pratique de l’arbitrage international : une perspective personnelle" by Andrew De Lotbinière Mcdougall

"La contribution des Nations Unies à l’arbitrage international" by L Yves Fortier and Annie Lespérance

"The Limits of Arbitration" by Justice Quentin Loh, Supreme Court of Singapore

"L'arbitre et le droit" by Alain Prujiner

"Les perspectives françaises sur le contrôle de la sentence internationale ou étrangère" by Judge Dominique Hascher

"Moral Damages Left in Limbo" by Antoine Champagne

"The Constitutional Functions of the Caribbean Court of Justice" by Armand De Mestral C.M.

"Sports Arbitration: How it Works and Why it Works" by Richard W Pound

2015-2016 2 "Online Dispute Resolution (Odr) as a Solution to Cross Border Consumer Disputes: The Enforcement of Outcomes" by Maxime Hanriot

"When the Arbitrator Creates the Conflict: Understanding Arbitrator Ethics Through the IBA Guidelines On Conflict Of Interest And Published Challenges" by James Ng

Interview: Chiann Bao, The Secretary-General Of The Hong Kong International Arbitration Centre

Interview: Ambassador Mokhtar Lamani

Interview: Noah Hanft - "The Future Of Adr In Business"

"The Practice of States as Evidence Of Custom: An Analysis of Fair and Equitable Treatment Standard Clauses in States’ Foreign Investment Laws" by Patrick Dumberry

"L’arbitre international face à la corruption" by Daniel Goldenbaum

"Review and Analysis of Interim Measures Available to Foreign Arbitrators in Turkey" by Doğan Gültutan

"The Necessity Defence & Continental Casualty: Importation Of WTO Principles At The ICSID" by Manu Misra

"The Enforceability of Escalation Clauses Providing for Negotiations in Good Faith Under English Law" by Oliver Krauss

2016-2017 3 "Restitution as a ‘Second Chance’ for Investor-State Relations: Restitution and Monetary Damages as Sequential Options" by Tomoko Ishikawa

"Is it Time to Adopt Stare Decisis and Establish an Appeal Mechanism in Investment Treaty Arbitration?" by Stephen P. Anway

"Confidentiality in Arbitration: A Principled Approach" by Daniel R. Bennett, Q.C. & Madeleine A. Hodgson

"Public-Centred Civil Justice Redesign: A Case Study of the British Columbia Civil Resolution Tribunal" by Shannon Salter & Darin Thompson

"The Appeal Of The Right To Appeal: The ICDR Adopts Optional Appellate Arbitration Rules To Advance The Availability Of Appellate Rights In International Commercial Arbitration" by Kyle Richard Olson

"Project Management in International Arbitration" by Ben Giaretta

"There Should Be an Answer to § 1782(A) – As to Whether its Scope Includes Private Arbitral Tribunals" by Giorgio Sassine

"Seeking Recognition and Enforcement of Foreign Court Judgments and Arbitral Awards in the Gcc Countries" by Nicolas Bremer

2017-2018 4 "L'arbitrabilité du droit d'auteur : Le Cas Du Droit Français" by Maxence Rivoire

"The Interplay of Sovereignty, Personality and Consent in the Execution of Arbitral Award Debts Against Non-Party State-Owned Enterprises" by Mevelyn Ong

"Problematizing Abaclat’s Mass Claims Investment Arbitration Using Domestic Class Actions" by Relja Radović

Awards[edit | edit source]

In 2016, the McGill Journal of Dispute Resolution published an article titled "Project Management in International Arbitration" by Ben Giaretta. The article won the Conflict Prevention and Resolution Institute's 2016 'Outstanding Professional Article' award.[4]

Editors-in-chief[edit | edit source]

The following list is taken from the mastheads of McGill Journal of Dispute Resolution volumes 1 through 4:

  • Vol 1: Claudette Van Zyl
  • Vol 2: Giacomo Marchisio
  • Vol 3: Giacomo Marchisio
  • Vol 4: Benjamin Jarvis

[edit | edit source]

The McGill Journal of Dispute Resolution's logo depicts the Greek goddess Rhea carrying a staff adorned with a fleur de lys and holding a tome inscribed with the Greek word αρμονία (meaning harmony) astride a lion on a field of royal blue. Rhea was selected based on her role in the ancient Greek myth of Persephone, in which she mediated a resolution of the conflict between Hades and Demeter that allowed Persephone to spend half of the year with her mother and half with Hades.

The logo also incorporates symbolism that reflects the journal’s home in Montréal, Québec, Canada. The style of the lion reflects Canada’s ties to the Crown and the Common Law, while the fleur-de-lys represents both the province of Québec and the Civil Law. This symbolism also reveals the bilingual, transnational, transsystemic nature of the journal.

References[edit | edit source]

This article "McGill Journal of Dispute Resolution" is from Wikipedia. The list of its authors can be seen in its historical and/or its subpage McGill Journal of Dispute Resolution/edithistory. Articles copied from Draft Namespace on Wikipedia could be seen on the Draft Namespace of Wikipedia and not main one.