Numerous intermediate courts of appeal across the nation are faced with insufficient budgets to manage increasing case loads. As a result, it is necessary to identify best practices among appellate courts, so that courts can consider and, if appropriate, adopt identified best practices to...

Just as AI enables computers to perform increasingly complex tasks, it, however, also raises a host of novel issues at its intersection with the law, including issues for litigants in patent infringement suits. The investment in AI technologies likely will lead to an increase in AI-related...

This paper analyzes United States v. Arthrex, in which the Supreme Court found PTAB judges (sometimes dubbed as the “patent death squad”) unconstitutionally appointed in violation of the Appointments Clause, along with its broader political and congressional impact ex ante. In particular,...

This article explores the use of United Nations Commission on International Trade Law (“UNCITRAL”) materials like UNCITRAL Arbitration Rules, Notes on Organising Arbitrations Proceedings, Model Law on International Commercial Arbitrations, or a new adaptation of these materials for use in...

This article investigates the access to justice concerns surrounding jurisdiction motions in Ontario, taking inspiration from a 2015 Ontario Superior Court decision that held that jurisdiction motions are ripe for abuse and impeding access to justice. In Part I, the author summarizes the...

Recent years have seen a rediscovery of the fact that a healthy financial and economic system cannot be based on the lowest common behavioural denominator of what is technically permissible under the black letter of the law. Something more is needed – variously described as ‘sound culture',...

“Extreme” weather has become the new normal. What were previously considered to be inexplicable and unpredictable “acts of God” can no longer reasonably be said to be so. They are acts of man. The established doctrine of contractual impracticability rests on the notion that a party may...

Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how...

This article explores the “Squeaky Wheel System” (“SWS”) in business-to-consumer (“B2C”) contexts, referring to merchants’ reservation of purchase remedies and other contract benefits for only the relatively few “squeaky wheel” consumers who have the requisite information and...

Each party in international commercial arbitration holds a number of fundamental rights, in particular the right to equal treatment and the right to an adequate opportunity to present its case, including the right to counsel of choice. A further fundamental right is that arbitral tribunals be...