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Neuroscientists Develop Equation for Predicting Future Disasters
November 7, 2013
A team of neuroscientists has published a paper claiming it has developed a mathematical calculation that could potentially predict the tipping point of any massive event -- from a market crash to a brain seizure. Neuroscientists are used to working on systems of nodes, whereby one neuron in the brain ignites a stream of connected activity when activated -- a web-like chain reaction that unfolds in seemingly unpredictable ways. Of course, these can be predicted if you have the right information....
November 7, 2013
A team of neuroscientists has published a paper claiming it has developed a mathematical calculation that could potentially predict the tipping point of any massive event -- from a market crash to a brain seizure. Neuroscientists are used to working on systems of nodes, whereby one neuron in the brain ignites a stream of connected activity when activated -- a web-like chain reaction that unfolds in seemingly unpredictable ways. Of course, these can be predicted if you have the right information....
Venue is Proper in the County Where Arbitration is Held Despite Arbitration Agreement to the Contrary
November 6, 2013
The Texas Supreme Court recently held that, pursuant to § 171.096(c) Tex. Civ. Prac. & Rem. Code, once an arbitration...
November 6, 2013
The Texas Supreme Court recently held that, pursuant to § 171.096(c) Tex. Civ. Prac. & Rem. Code, once an arbitration...
Tippett on Mediation a la Carte
November 6, 2013
Liz Tippett (Oregon) has posted a short abstract outlining her new project, Mediation a la Carte: Improving the Transparency and Diversity of Mediator Styles. It is a must-read for those of us interested in the implications of the various approaches available to mediators and disputants. You can review her abstract here: This article argues that existing models of mediator styles and techniques are unnecessarily limited. A wider variety of mediator styles might better suit the individual preferences...
November 6, 2013
Liz Tippett (Oregon) has posted a short abstract outlining her new project, Mediation a la Carte: Improving the Transparency and Diversity of Mediator Styles. It is a must-read for those of us interested in the implications of the various approaches available to mediators and disputants. You can review her abstract here: This article argues that existing models of mediator styles and techniques are unnecessarily limited. A wider variety of mediator styles might better suit the individual preferences...
Sanctions in US and International Arbitrations: Old Law In Modern Context
November 6, 2013
I. Power To Sanction Courts generally enjoy power to enforce procedural rules and orders by various means, such as fines, adverse inferences, cost/fee awards, preclusion of evidence, and even default judgment. Surprisingly, when arbitrators employ such measures, they enter a legal frontier of unsettled law. Why? An arbitrator’s procedural power derives from private contract, not public law, and arbitration contracts almost never overtly address the arbitrator’s power to remedy party misbehavior....
November 6, 2013
I. Power To Sanction Courts generally enjoy power to enforce procedural rules and orders by various means, such as fines, adverse inferences, cost/fee awards, preclusion of evidence, and even default judgment. Surprisingly, when arbitrators employ such measures, they enter a legal frontier of unsettled law. Why? An arbitrator’s procedural power derives from private contract, not public law, and arbitration contracts almost never overtly address the arbitrator’s power to remedy party misbehavior....
By the Way, You Just Disarmed a Difficult Person
November 6, 2013
Many times when dealing with difficult people, you might feel like that person is dominating the conversation. One simple tool to deal with that dominating conversational behavior is to change the topic. Think of the conversation as a dance and the difficult person is leading the dance/conversation. All you have to do is take lead, and change the music. If done correctly, that deflection can easily force the person to change gears. When he or she does that, they may end up moving away from...
November 6, 2013
Many times when dealing with difficult people, you might feel like that person is dominating the conversation. One simple tool to deal with that dominating conversational behavior is to change the topic. Think of the conversation as a dance and the difficult person is leading the dance/conversation. All you have to do is take lead, and change the music. If done correctly, that deflection can easily force the person to change gears. When he or she does that, they may end up moving away from...
CPR Adds Another Major Feature To Its Toolbox
November 6, 2013
Metropolitan Corporate Counsel Editor: Why has CPR introduced administered arbitration rules? Bryan: For over 30 years, top-flight global lawyers have used CPR’s non-administered rules to resolve commercial disputes. In response to users’ requests, CPR is now offering administered arbitration rules for those requiring an administering authority. They became effective July 1, 2013. With more worldwide companies signing CPR’s Corporate Policy Statement on Alternatives to Litigation and the 21st...
November 6, 2013
Metropolitan Corporate Counsel Editor: Why has CPR introduced administered arbitration rules? Bryan: For over 30 years, top-flight global lawyers have used CPR’s non-administered rules to resolve commercial disputes. In response to users’ requests, CPR is now offering administered arbitration rules for those requiring an administering authority. They became effective July 1, 2013. With more worldwide companies signing CPR’s Corporate Policy Statement on Alternatives to Litigation and the 21st...
Waiting for the Texas Supreme Court to Define (or Reject) Minority Shareholder Oppression
November 5, 2013
The Texas Supreme Court is currently considering three cases that could drastically alter the legal landscape for owners of closely-held corporations. Each case was brought by a minority shareholder alleging that the majority shareholders had wielded their power so as to unfairly prejudice or “oppress” the minority. The minority shareholders all prevailed in front of Dallas juries on the theory of “shareholder oppression,” but then had mixed results in the Dallas Court of Appeals. The Texas...
November 5, 2013
The Texas Supreme Court is currently considering three cases that could drastically alter the legal landscape for owners of closely-held corporations. Each case was brought by a minority shareholder alleging that the majority shareholders had wielded their power so as to unfairly prejudice or “oppress” the minority. The minority shareholders all prevailed in front of Dallas juries on the theory of “shareholder oppression,” but then had mixed results in the Dallas Court of Appeals. The Texas...
Depersonalizing the Difficult Person, A Good Strategy
November 5, 2013
The theme of difficult people keeps coming up in mediation. Maybe this is the case because often times the difficult situation creates the difficult person. In other words, people become difficult because they want something and either you won’t give it to them, or you can’t give it to them. Sometimes, the difficult person is simply reacting to you; and you perceive him as difficult and he considers you the same way. There are many strategies to deal with difficult people. One of them...
November 5, 2013
The theme of difficult people keeps coming up in mediation. Maybe this is the case because often times the difficult situation creates the difficult person. In other words, people become difficult because they want something and either you won’t give it to them, or you can’t give it to them. Sometimes, the difficult person is simply reacting to you; and you perceive him as difficult and he considers you the same way. There are many strategies to deal with difficult people. One of them...
ABA’s Planned Early Dispute Resolution Task Force Publishes User Guide
November 5, 2013
The American Bar Association’s Planned Early Dispute Resolution (“PEDR”) Task Force has published a User Guide for Planned...
November 5, 2013
The American Bar Association’s Planned Early Dispute Resolution (“PEDR”) Task Force has published a User Guide for Planned...
Protecting Arbitral Jurisdiction of The Merits With a Foreign Anti-suit Injunction
November 5, 2013
The pro-arbitration foreign anti-suit injunction is not mentioned in the text of the New York Convention or the U.S. Arbitration Act (FAA). But its importance to the enforcement of agreements to arbitrate transnational disputes is considerable. To be reminded of this, read a recent New York federal district court decision granting such an injunction:Bailey Shipping Ltd. v. American Bureau of Shipping, 2013 WL 5312540 (S.D.N.Y. Sept. 23, 2013). Or continue reading this Commentary. A definitional...
November 5, 2013
The pro-arbitration foreign anti-suit injunction is not mentioned in the text of the New York Convention or the U.S. Arbitration Act (FAA). But its importance to the enforcement of agreements to arbitrate transnational disputes is considerable. To be reminded of this, read a recent New York federal district court decision granting such an injunction:Bailey Shipping Ltd. v. American Bureau of Shipping, 2013 WL 5312540 (S.D.N.Y. Sept. 23, 2013). Or continue reading this Commentary. A definitional...
