References
The Enforcement and Annulment of International Arbitration Awards in Indonesia
February 8, 2012
The author argues that the Jakarta Central District Court vacating an international commercial arbitration award against an Indonesian oil company violates the spirit and letter of the New York Convention. As a result, predictability and stability in enforcing arbitration awards is harmed while the international reputation of the oil company is damaged. Unless Indonesia reforms its arbitration laws, it will lose to the competition in attracting foreign investments.
February 8, 2012
The author argues that the Jakarta Central District Court vacating an international commercial arbitration award against an Indonesian oil company violates the spirit and letter of the New York Convention. As a result, predictability and stability in enforcing arbitration awards is harmed while the international reputation of the oil company is damaged. Unless Indonesia reforms its arbitration laws, it will lose to the competition in attracting foreign investments.
Just Say No: Minimizing Limited Authority Negotiating in Court- Mandate Mediation
February 8, 2012
The article looks into the use of limited authority statements by attorneys in court-mandated mediation. Peters suggests that attorneys do more research and preparation prior to the mediation so that they can resolve issues rather than claim that they do not have authority to advocate certain aspects of the dispute.
February 8, 2012
The article looks into the use of limited authority statements by attorneys in court-mandated mediation. Peters suggests that attorneys do more research and preparation prior to the mediation so that they can resolve issues rather than claim that they do not have authority to advocate certain aspects of the dispute.
Alternative Dispute Resolution in Sports Facility Leases
February 8, 2012
Sports facility leases often include provisions for ADR processes to resolve landlord-tenant disputes. Greenberg focuses on arbitration because the majority of leases use arbitration as the dispute resolution method of choice. However, he notes that mediation is a growing first-choice method of leasehold dispute resolution.
February 8, 2012
Sports facility leases often include provisions for ADR processes to resolve landlord-tenant disputes. Greenberg focuses on arbitration because the majority of leases use arbitration as the dispute resolution method of choice. However, he notes that mediation is a growing first-choice method of leasehold dispute resolution.
A Decision-making Perspective to Negotiation: A Review of the Past and Future a Look into the Future
February 8, 2012
Through the decision-analytic approach to negotiations, the past quarter century has seen the development of a better dialog between the descriptive and the prescriptive, as well as a burgeoning interest in the field for both academics and practitioners. Researchers have built upon the work in behavioral decision theory, examining the ways in which negotiators may deviate from rationality. The 1990s brought a renewed interest in social factors, as work on social relationships, egocentrism, attribution...
February 8, 2012
Through the decision-analytic approach to negotiations, the past quarter century has seen the development of a better dialog between the descriptive and the prescriptive, as well as a burgeoning interest in the field for both academics and practitioners. Researchers have built upon the work in behavioral decision theory, examining the ways in which negotiators may deviate from rationality. The 1990s brought a renewed interest in social factors, as work on social relationships, egocentrism, attribution...
Note, Greenwood v. CompuCredit Corp.: The Ninth Circuit’s Misdirected Interpretation of the Credit Repair Organizations Act
February 8, 2012
This note summarizes the relevant facts of Greenwood v. CompuCredit Corp., in which the Ninth Circuit determined that the Credit Repair Organizations Act (CROA) held that the plain meaning of CROA afforded consumers the definitive right to adjudication of all CROA disputes in judicial form. The author concludes that the Ninth Circuit erred in interpreting CROA in a way that was too inhospitable to arbitration agreements.
February 8, 2012
This note summarizes the relevant facts of Greenwood v. CompuCredit Corp., in which the Ninth Circuit determined that the Credit Repair Organizations Act (CROA) held that the plain meaning of CROA afforded consumers the definitive right to adjudication of all CROA disputes in judicial form. The author concludes that the Ninth Circuit erred in interpreting CROA in a way that was too inhospitable to arbitration agreements.
Fifth Circuit Survey June 2006-May 2007 Survey Articles
February 8, 2012
This is a summary of cases involving alternative dispute resolution from the Fifth Circuit from mid-2006 to mid-2007. The article analyzes several trends that may be emerging in arbitration.
February 8, 2012
This is a summary of cases involving alternative dispute resolution from the Fifth Circuit from mid-2006 to mid-2007. The article analyzes several trends that may be emerging in arbitration.
Mediating Across Differnece: Oceanic and Asian Approaches to Conflict Resolutoin
February 8, 2012
This book explores insights into conflict resolution emanating from the local traditions of Asia and Oceania. The book examines how these insights offer a range of useful ways of thinking about and dealing with differences and conflict in a globalizing world.
February 8, 2012
This book explores insights into conflict resolution emanating from the local traditions of Asia and Oceania. The book examines how these insights offer a range of useful ways of thinking about and dealing with differences and conflict in a globalizing world.
The Arbitration Fairness Act: Performing Surgery with a Hatched Instead of a Scalpel
February 8, 2012
This article suggests that The Arbitration Fairness Act (AFA) is overbroad in prohibiting pre-dispute arbitration employment agreements. After examining the historical strengths and weakness of employment arbitration agreements, the authors suggest that the AFA would be better suited to address perceived injustices by limiting it application based upon the position of the employee and the size of the employer.
February 8, 2012
This article suggests that The Arbitration Fairness Act (AFA) is overbroad in prohibiting pre-dispute arbitration employment agreements. After examining the historical strengths and weakness of employment arbitration agreements, the authors suggest that the AFA would be better suited to address perceived injustices by limiting it application based upon the position of the employee and the size of the employer.
Collaborative Practice in the Canadian Landscape
February 8, 2012
This article looks at the growth of collaborative practice in Canada in the last decade and the legal and Canadian cultural underpinnings influencing this growth. The article also looks at decisions from Canadian courts relating to the practice of collaborative law, including the confidentiality of collaborative process negotiations as set out in the participation agreement and the standard of care necessary for collaborative lawyers.
February 8, 2012
This article looks at the growth of collaborative practice in Canada in the last decade and the legal and Canadian cultural underpinnings influencing this growth. The article also looks at decisions from Canadian courts relating to the practice of collaborative law, including the confidentiality of collaborative process negotiations as set out in the participation agreement and the standard of care necessary for collaborative lawyers.
