Bargaining in the Shadow of the Lawsuit: "[P]arties are not principally trying to set forth an agreement for a court to enforce. Rather, by leaving inartful language and ambiguity in the agreement, parties are bonding themselves not to seek precipitous recourse to litigation."

By Don Philbin, June 2, 2011   
This post has been viewed 2,842 times.

 

Bargaining in the Shadow of the Lawsuit: “[P]arties are not principally trying to set forth an agreement for a court to enforce. Rather, by leaving inartful language and ambiguity in the agreement, parties are bonding themselves not to seek precipitous recourse to litigation.” papers.ssrn.com/sol3/papers.cfm?abstract_id=1288689

Read original article


Tags:




Related Posts

Probability Misestimates in Medical Care
August 24, 2012

Probability Misestimates in Medical Care http://papers.ssrn.com/sol3/papers.cfm?abstract_id=585775


American Review of International Arbitration: The Third Arbitration Trilogy: Stolt-Nielsen, Rent-A-Center, Concepcion and the Future of American Arbitration (Stipanowich cites me)
August 7, 2012

American Review of International Arbitration: The Third Arbitration Trilogy: Stolt-Nielsen, Rent-A-Center, Concepcion and the Future...


SSRN Stipanowich: The Arbitration Penumbra: Arbitration Law and the Rapidly Changing Landscape of Dispute Resolution
June 26, 2012

SSRN Stipanowich: The Arbitration Penumbra: Arbitration Law and the Rapidly Changing Landscape of Dispute Resolution http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1007490


 

What do you think?

Discussion is central to our goals at ADR Toolbox. If you have a minute, please share your thoughts on the article above and contribute to the conversation.





 

«
»






 
Menu Title
Bitnami