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Increasing Legalism in Global Commercial Arbitration
February 13, 2014
University of Missouri School of Law Professor S. I. Strong has published Increasing Legalism in International Commercial Arbitration: A New Theory of Causes, a New Approach to Cures, 7 World Arbitration and Mediation Review 117 (2013); University of Missouri School of Law Legal Studies Research Paper No. 2013-26. In her paper, Professor Strong discusses several possible explanations for an increased use of legalistic procedures in the realm of international commercial arbitration as well as potential...
February 13, 2014
University of Missouri School of Law Professor S. I. Strong has published Increasing Legalism in International Commercial Arbitration: A New Theory of Causes, a New Approach to Cures, 7 World Arbitration and Mediation Review 117 (2013); University of Missouri School of Law Legal Studies Research Paper No. 2013-26. In her paper, Professor Strong discusses several possible explanations for an increased use of legalistic procedures in the realm of international commercial arbitration as well as potential...
6 Ways for GCs to Do More With Less
February 13, 2014
5. Develop Litigation Strategies Early Litigation can only be cost-effective where there is a big-picture strategy developed at the outset, when the facts are fresh and the relevant players are still available. It is important to set aside time to do this, as soon as the complaint comes in, rather than allowing the case to lapse into the myriad legal activities that can feel like progress but don’t genuinely advance the case. The most important issue to be addressed at the outset is whether...
February 13, 2014
5. Develop Litigation Strategies Early Litigation can only be cost-effective where there is a big-picture strategy developed at the outset, when the facts are fresh and the relevant players are still available. It is important to set aside time to do this, as soon as the complaint comes in, rather than allowing the case to lapse into the myriad legal activities that can feel like progress but don’t genuinely advance the case. The most important issue to be addressed at the outset is whether...
Neutralizing Unethical Negotiating Tactics: An Empirical Investigation of Approach Selection and Effectiveness
February 13, 2014
Negotiation is integral to business success, and information is the lifeblood of the negotiation process. When invalid information is disseminated via manipulation or deceit, one or more parties can suffer. Nonetheless, many studies have shown that the use of questionable or unethical tactics is commonplace. This article reports on a study of twelve behaviors that can neutralize a counterpart's tendencies to employ questionable or unethical tactics, improving the chances for an integrative (win–win)...
February 13, 2014
Negotiation is integral to business success, and information is the lifeblood of the negotiation process. When invalid information is disseminated via manipulation or deceit, one or more parties can suffer. Nonetheless, many studies have shown that the use of questionable or unethical tactics is commonplace. This article reports on a study of twelve behaviors that can neutralize a counterpart's tendencies to employ questionable or unethical tactics, improving the chances for an integrative (win–win)...
LegalTech New York Reviews Are In
February 12, 2014
Observations from the biggest technology show in the legal industry: "no new stuff." It’s been about a week since LegalTech New York attendees packed their bags and headed home. Now it’s time to reminisce, and in the case of bloggers, offer up reviews of the massive event. First up is attorney Robert Ambrogi, who runs LawSites. He says in a Feb. 10 post that there were few innovations this year, adding if there were any to be found they were “at best incremental.” However,...
February 12, 2014
Observations from the biggest technology show in the legal industry: "no new stuff." It’s been about a week since LegalTech New York attendees packed their bags and headed home. Now it’s time to reminisce, and in the case of bloggers, offer up reviews of the massive event. First up is attorney Robert Ambrogi, who runs LawSites. He says in a Feb. 10 post that there were few innovations this year, adding if there were any to be found they were “at best incremental.” However,...
12 on 12: Favorite Moments at LegalTech New York [Big Data]
February 12, 2014
12. Big Big Data: In contrast to the last few years, bringing up Big Data to the LTNY crowd (vendors, firms, consultants, etc.) did not invoke blank stares or disinterested yawns. Folks were willing and able to talk Big Data shop—mostly about ongoing analytics initiatives (primarily around legal spending and pricing) and e-discovery vendor-driven data mining and enterprise search efforts. Of the 10 or so Big Data technology/service vendors we spotted, many of them are also adding information governance ...
February 12, 2014
12. Big Big Data: In contrast to the last few years, bringing up Big Data to the LTNY crowd (vendors, firms, consultants, etc.) did not invoke blank stares or disinterested yawns. Folks were willing and able to talk Big Data shop—mostly about ongoing analytics initiatives (primarily around legal spending and pricing) and e-discovery vendor-driven data mining and enterprise search efforts. Of the 10 or so Big Data technology/service vendors we spotted, many of them are also adding information governance ...
Lex Machina at LegalTech New York
February 12, 2014
At LegalTech, one of the more interesting panels featured Dan Katz of ReInvent Law and Josh Becker of Lex Machina. I tweeted...
February 12, 2014
At LegalTech, one of the more interesting panels featured Dan Katz of ReInvent Law and Josh Becker of Lex Machina. I tweeted...
Nonappealability Clauses in Arbitration Agreement Held Not Enforceable in the Ninth Circuit
February 12, 2014
Faced with a question of first impression, the Ninth Circuit recently held that a clause in an arbitration agreement that eliminates any and all federal court review of arbitration awards, including review under § 10 of the Federal Arbitration Act, is unenforeceable. The Court reasoned that allowing parties to “contractually eliminate all judicial review of arbitration awards . . . run[s] counter to the text of the FAA,” and “would also frustrate Congress’s attempt to ensure a minimum level...
February 12, 2014
Faced with a question of first impression, the Ninth Circuit recently held that a clause in an arbitration agreement that eliminates any and all federal court review of arbitration awards, including review under § 10 of the Federal Arbitration Act, is unenforeceable. The Court reasoned that allowing parties to “contractually eliminate all judicial review of arbitration awards . . . run[s] counter to the text of the FAA,” and “would also frustrate Congress’s attempt to ensure a minimum level...
Limits of Procedural Choice of Law
February 12, 2014
S. I. Strong, Professor and Senior Fellow at the Center for the Study of Dispute Resolution at the University of Missouri School of Law has authored an interesting article entitled Limits of Procedural Choice of Law, 39 Brooklyn Journal of International Law 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2014-03. In her publication, Professor Strong examines the role of procedural, as opposed to substantive, law using international commercial arbitration proceedings...
February 12, 2014
S. I. Strong, Professor and Senior Fellow at the Center for the Study of Dispute Resolution at the University of Missouri School of Law has authored an interesting article entitled Limits of Procedural Choice of Law, 39 Brooklyn Journal of International Law 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2014-03. In her publication, Professor Strong examines the role of procedural, as opposed to substantive, law using international commercial arbitration proceedings...
Groups, Decision Rules, and Negotiation Outcomes: Simulating the Negotiator’s Dilemma
February 12, 2014
The negotiator's dilemma is a vexing problem (structurally similar to the prisoner's dilemma), but it is made more complicated by the fact that many negotiations involve teams of negotiators. Although it is widely recognized that the behavior of groups of people can deviate in important ways from the behavior of individuals, the implications of this for the negotiator's dilemma are unclear. For this article, I have used a computer simulation to explore the impact of different decision...
February 12, 2014
The negotiator's dilemma is a vexing problem (structurally similar to the prisoner's dilemma), but it is made more complicated by the fact that many negotiations involve teams of negotiators. Although it is widely recognized that the behavior of groups of people can deviate in important ways from the behavior of individuals, the implications of this for the negotiator's dilemma are unclear. For this article, I have used a computer simulation to explore the impact of different decision...
Don’t Overthink Your Credibility Assessments
February 11, 2014
When it comes to assessing someone's believability and deciding whether they're lying to you or not, which works best: your quick "gut" intuition or more sustained and careful thought about it? It turns out, the answer is "neither." Immediate choices, as well as decisions made after longer deliberation, are both less reliable than judgments rendered after turning our minds away to focus on another task. This finding of a recent study (Reinhard, Greifeneder, & Scharmach 2013) suggests that unconscious...
February 11, 2014
When it comes to assessing someone's believability and deciding whether they're lying to you or not, which works best: your quick "gut" intuition or more sustained and careful thought about it? It turns out, the answer is "neither." Immediate choices, as well as decisions made after longer deliberation, are both less reliable than judgments rendered after turning our minds away to focus on another task. This finding of a recent study (Reinhard, Greifeneder, & Scharmach 2013) suggests that unconscious...
