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“Ambiguity” Is Not a Basis to Deny a Petition to Enforce a Foreign Arbitration Award
March 29, 2018
The drive in the Second Circuit to clarify the rules regarding confirmation and enforcement of various types of arbitration awards continues. The latest addition is the decision in BSH Hausgerate GmbH v. Kamhi, 17 Civ. 5776, 2018 U.S. Dist. LEXIS 34597 (S.D.N.Y Mar. 2, 2018) (Sweet, J.). Federal district courts have occasionally decided that an arbitration award is ambiguous or incomplete or indefinite, and therefore should be remanded to the arbitrator for clarification rather than confirmed by the court....
March 29, 2018
The drive in the Second Circuit to clarify the rules regarding confirmation and enforcement of various types of arbitration awards continues. The latest addition is the decision in BSH Hausgerate GmbH v. Kamhi, 17 Civ. 5776, 2018 U.S. Dist. LEXIS 34597 (S.D.N.Y Mar. 2, 2018) (Sweet, J.). Federal district courts have occasionally decided that an arbitration award is ambiguous or incomplete or indefinite, and therefore should be remanded to the arbitrator for clarification rather than confirmed by the court....
The Venting Myth
March 28, 2018
Mediation training has long viewed venting anger as a useful tool for restoring a positive psychological state. This practice has been handed down as received wisdom through several generations of mediation trainers, practitioners, and theorists. Beware, this venting myth can be dangerous Venting negative emotions triggers the physiologic stress response by increasing the level of the powerful hormone, cortisol. Higher cortisol levels lead to distortions in how we perceive anger, thus making...
March 28, 2018
Mediation training has long viewed venting anger as a useful tool for restoring a positive psychological state. This practice has been handed down as received wisdom through several generations of mediation trainers, practitioners, and theorists. Beware, this venting myth can be dangerous Venting negative emotions triggers the physiologic stress response by increasing the level of the powerful hormone, cortisol. Higher cortisol levels lead to distortions in how we perceive anger, thus making...
Reputation in Negotiation
March 28, 2018
Time was when a Formica plaque could often be found on the desk of a certain type of negotiator. It said “Yea, when I walk through the Valley of the Shadow of Death I shall fear no evil, for I am the meanest son of a bitch in the valley.” But is it really to your advantage to have a reputation as one of the junkyard dogs of negotiation? The authors approach the question from three very different starting points. Tinsley summarizes the research on reputation in controlled settings. Schneider turns...
March 28, 2018
Time was when a Formica plaque could often be found on the desk of a certain type of negotiator. It said “Yea, when I walk through the Valley of the Shadow of Death I shall fear no evil, for I am the meanest son of a bitch in the valley.” But is it really to your advantage to have a reputation as one of the junkyard dogs of negotiation? The authors approach the question from three very different starting points. Tinsley summarizes the research on reputation in controlled settings. Schneider turns...
Pick a Mood, any Mood – Just Pick a Good One
March 27, 2018
There aren’t many benefits to being in a bad mood, even if that’s your reliable, long-standing default mode. Being in a bad mood can make you less effective, less open to creative solutions, and due to stress, it can affect your health. Most peoples’ jobs have a degree of stress, some much more than others. Unless your job is professional chocolate taster or handing out free tickets to Disney World to an Oprah Winfrey Show audience (hint, everyone in the audience...
March 27, 2018
There aren’t many benefits to being in a bad mood, even if that’s your reliable, long-standing default mode. Being in a bad mood can make you less effective, less open to creative solutions, and due to stress, it can affect your health. Most peoples’ jobs have a degree of stress, some much more than others. Unless your job is professional chocolate taster or handing out free tickets to Disney World to an Oprah Winfrey Show audience (hint, everyone in the audience...
Arbitrability Basics: An Illustration of the “Autonomy” Principle
March 27, 2018
Arbitration is a creature of contract. So is the law concerning contracts with an arbitration clause the same as the law concerning any other contract? Almost. One must always bear in mind the “separability” or “independence” of the arbitration agreement — the autonomy principle. For example, should a plaintiff be compelled to arbitrate a dispute if the contract containing the ADR clause has expired? What if the contract containing the arbitration clause is unconscionable as a matter...
March 27, 2018
Arbitration is a creature of contract. So is the law concerning contracts with an arbitration clause the same as the law concerning any other contract? Almost. One must always bear in mind the “separability” or “independence” of the arbitration agreement — the autonomy principle. For example, should a plaintiff be compelled to arbitrate a dispute if the contract containing the ADR clause has expired? What if the contract containing the arbitration clause is unconscionable as a matter...
Big Law Embraces Litigation Finance
March 26, 2018
Litigation finance is booming, and Big Law is getting on board. The practice originated in Australia in the 1990s and took...
March 26, 2018
Litigation finance is booming, and Big Law is getting on board. The practice originated in Australia in the 1990s and took...
Productive Ambition
March 26, 2018
When you set out to negotiate with someone, how do you evaluate what you’re really trying to achieve? Is it an unfocused want; something better than your BATNA; or anything you can get that’s above your reservation price? Schneider analyzes research showing that a conscious choice of goal helps you come out with more. Four keys to this are “making your reach a little longer than your arm”; setting goals you can justify in public without laughing or lying; making them specific; and paying...
March 26, 2018
When you set out to negotiate with someone, how do you evaluate what you’re really trying to achieve? Is it an unfocused want; something better than your BATNA; or anything you can get that’s above your reservation price? Schneider analyzes research showing that a conscious choice of goal helps you come out with more. Four keys to this are “making your reach a little longer than your arm”; setting goals you can justify in public without laughing or lying; making them specific; and paying...
Yale, Cornell Law Libraries Help Launch Global Rule of Law Initiative
March 24, 2018
In partnership with the United Nations, law librarians at Cornell and Yale are getting law journals, e-books and other legal content to people in low- and medium-income countries for free. Yale Law School and Cornell Law School are part of a new effort to get free legal information and legal content to academics, researchers and policymakers in developing countries in a bid to strengthen the rule of law around the globe. The law libraries at both schools are partners in the Global Online Access...
March 24, 2018
In partnership with the United Nations, law librarians at Cornell and Yale are getting law journals, e-books and other legal content to people in low- and medium-income countries for free. Yale Law School and Cornell Law School are part of a new effort to get free legal information and legal content to academics, researchers and policymakers in developing countries in a bid to strengthen the rule of law around the globe. The law libraries at both schools are partners in the Global Online Access...
Some Thoughts on The Future of Law
March 24, 2018
In January 2018, I wrote a column for the Oklahoma Bar Journal titled The Future of Law. The 2012 talk was intended to be very broad and give lessons to all lawyers about how to succeed in the future. The 2018 column was focused on several recent trends and how they were going to impact the practice of law. I thought regular readers might appreciate the opportunity to compare my 2012 predictions with my 2018 predictions. To me, the most interesting thing was how many things I mentioned in the 2018...
March 24, 2018
In January 2018, I wrote a column for the Oklahoma Bar Journal titled The Future of Law. The 2012 talk was intended to be very broad and give lessons to all lawyers about how to succeed in the future. The 2018 column was focused on several recent trends and how they were going to impact the practice of law. I thought regular readers might appreciate the opportunity to compare my 2012 predictions with my 2018 predictions. To me, the most interesting thing was how many things I mentioned in the 2018...
ISO Claims Partners Integrates Premonition Data and Analytics to Improve Claims Litigation Outcomes
March 23, 2018
ISO Claims Partners has announced the integration of Premonition data and legal analytics into its suite of services. Premonition maintains the world’s largest litigation database. ISO Claims Partners is a Verisk (Nasdaq:VRSK) business and a leader in Medicare compliance and claims analytics. Premonition data will benefit ISO Claims Partners customers by providing them with unprecedented access to litigation information at the state and local level. The service will guide insurers in selecting...
March 23, 2018
ISO Claims Partners has announced the integration of Premonition data and legal analytics into its suite of services. Premonition maintains the world’s largest litigation database. ISO Claims Partners is a Verisk (Nasdaq:VRSK) business and a leader in Medicare compliance and claims analytics. Premonition data will benefit ISO Claims Partners customers by providing them with unprecedented access to litigation information at the state and local level. The service will guide insurers in selecting...
