References
Cultural Dimension Interests, the Dance of Negotiation, and Weather Forecasting: A Perspective on Cross-Cultural Negotiation and Dispute Resolution
February 8, 2012
This article examines the difference between American negotiation techniques and negotiation strategies of other cultures. The article also demonstrates how different negotiation techniques can be used effectively together.
February 8, 2012
This article examines the difference between American negotiation techniques and negotiation strategies of other cultures. The article also demonstrates how different negotiation techniques can be used effectively together.
Note, East Meets West: Introducing Sharia into the Rules Governing International Arbitrations at the BCDR-AAA
February 8, 2012
The note explains a number of arbitral awards in the Middle East have gone unrecognized as a result of certain Islamic laws. The author asserts that the American Arbitration Association's Bahrain Chamber for Dispute Resolution cannot be fully effective without incorporating certain aspects of Islam and Sharia into the rules applied to international commercial arbitration proceedings.
February 8, 2012
The note explains a number of arbitral awards in the Middle East have gone unrecognized as a result of certain Islamic laws. The author asserts that the American Arbitration Association's Bahrain Chamber for Dispute Resolution cannot be fully effective without incorporating certain aspects of Islam and Sharia into the rules applied to international commercial arbitration proceedings.
Waiving Rights Goodbye: Class Action Waivers in Arbitration Agreements After Stollt-Nielson v. AnimalFeeds International
February 8, 2012
The authors argue that the Stolt-Nielsen case has further confused what courts should do when arbitration agreements waive parties' rights to bring class action suits. Rather than taking a bright-line approach, the authors advocate for a totality of the circumstances approach to determine the enforceability of class action waivers.
February 8, 2012
The authors argue that the Stolt-Nielsen case has further confused what courts should do when arbitration agreements waive parties' rights to bring class action suits. Rather than taking a bright-line approach, the authors advocate for a totality of the circumstances approach to determine the enforceability of class action waivers.
Enforcing International Insurers’ Expectations: Can States Unilaterally Quash Commercial Arbitration Agreements Under the McCarran-Ferguson Act
February 8, 2012
The author examines the circuit court split on whether the reversal of the McCarran-Ferguson Act preempts the United Nations Convention on the Recognition and the Enforcement of Arbitral Agreements and allows states to invalidate international insurance contracts' arbitration agreement clauses. The author concludes that the Supreme Court and Congress should limit states' power to preclude parties from enforcing arbitration clauses in international insurance contracts.
February 8, 2012
The author examines the circuit court split on whether the reversal of the McCarran-Ferguson Act preempts the United Nations Convention on the Recognition and the Enforcement of Arbitral Agreements and allows states to invalidate international insurance contracts' arbitration agreement clauses. The author concludes that the Supreme Court and Congress should limit states' power to preclude parties from enforcing arbitration clauses in international insurance contracts.
Welcome to the Jungle: Rethinking the Amount in Controversy in a Petition to Vacate an Arbitration Award Under the Federal Arbitration Act
February 8, 2012
The author argues that the arbitration demand approach is the only way to determine the amount in controversy in a petition to vacate an arbitration award that remains true to traditional notions of jurisdiction. It does so by determining the amount in controversy at the initiation of the controversy, not at the point ofwhat essentially amounts to an appeal.
February 8, 2012
The author argues that the arbitration demand approach is the only way to determine the amount in controversy in a petition to vacate an arbitration award that remains true to traditional notions of jurisdiction. It does so by determining the amount in controversy at the initiation of the controversy, not at the point ofwhat essentially amounts to an appeal.
Guardians Ad Litem Do Not Belong in Family Mediations
February 8, 2012
The article examines the problems associated with appointing a guardian ad litem (GAL) in a family mediation. The confidentiality protection afforded to the parents may be compromised by the presence of a GAL. Appointment of a GAL should take place after the mediation to secure the integrity of the resolution process.
February 8, 2012
The article examines the problems associated with appointing a guardian ad litem (GAL) in a family mediation. The confidentiality protection afforded to the parents may be compromised by the presence of a GAL. Appointment of a GAL should take place after the mediation to secure the integrity of the resolution process.
The Case Against Reforming the WTO Enforcement Mechanism
February 8, 2012
Some authors suggest that the current enforcement of the World Trade Organization's Dispute Settlement Body's decisions is unfair to weak parties in the agreement and suggest to impose monetary damages enforceable by the Organization itself, not by individual parties. Nzelibe opposes such reforms stating that they do not take into consideration domestic factors.
February 8, 2012
Some authors suggest that the current enforcement of the World Trade Organization's Dispute Settlement Body's decisions is unfair to weak parties in the agreement and suggest to impose monetary damages enforceable by the Organization itself, not by individual parties. Nzelibe opposes such reforms stating that they do not take into consideration domestic factors.
The Exchange: A Bold and Proven Approach to resolving Workplace Conflict
February 8, 2012
Written for managers and supervisors, this book provides a four-step conflict resolution model to allow managers and supervisors to effectively preempt and prevent workplace disputes from getting explosive. The process has been adapted from a process used for more than twenty-five years at the National Conflict Resolution Standard.
February 8, 2012
Written for managers and supervisors, this book provides a four-step conflict resolution model to allow managers and supervisors to effectively preempt and prevent workplace disputes from getting explosive. The process has been adapted from a process used for more than twenty-five years at the National Conflict Resolution Standard.
How to Negotiate Like a Child: Unleash the Little Monster Within To Get Everything You Want
February 8, 2012
Through the use of negotiation skills learned from childhood you can gain a bargaining advantage and get everything you want out of the negotiation.
February 8, 2012
Through the use of negotiation skills learned from childhood you can gain a bargaining advantage and get everything you want out of the negotiation.
The Lopsided International Investment Law Regime and Its Effect on the Future of Investor-State Arbitration
February 8, 2012
This note raises questions as to the legitimacy of the current system of Bilateral Investment Treaty arbitration. It explores why the current system is so lopsided, and what effects that lopsidedness has on variously-situated treaty parties.
February 8, 2012
This note raises questions as to the legitimacy of the current system of Bilateral Investment Treaty arbitration. It explores why the current system is so lopsided, and what effects that lopsidedness has on variously-situated treaty parties.
