Menu
Blog Archives
Here’s How Managers Can Be Replaced by Software
July 3, 2015
iCEO illustrates another fact we need to face now: Corporate organizations are themselves a technology, one that has only existed in its current form for around 200 years, a fragment of human history. The corporate structure was created around the tools we had back in the 18th century to maximize scale while minimizing transaction costs. Now that structure is being disrupted by the advent of technologies which can accomplish many (if not most) of the projects we associate with corporations. With...
July 3, 2015
iCEO illustrates another fact we need to face now: Corporate organizations are themselves a technology, one that has only existed in its current form for around 200 years, a fragment of human history. The corporate structure was created around the tools we had back in the 18th century to maximize scale while minimizing transaction costs. Now that structure is being disrupted by the advent of technologies which can accomplish many (if not most) of the projects we associate with corporations. With...
How to Work with People Who Aren’t Good at Working with People
July 2, 2015
Although lower EQ people are generally less rewarding to deal with — they are grumpier, more negative, and more erratic than average — there will be many circumstances where we have to deal with low EQ individuals. Given the difficulties this can entail, it may be useful to keep in mind the following, evidence-based recommendations for managing those situations effectively: Be gentle. Be explicit. Be rational. Do not get offended. Finally, remember that just as high EQ is not always...
July 2, 2015
Although lower EQ people are generally less rewarding to deal with — they are grumpier, more negative, and more erratic than average — there will be many circumstances where we have to deal with low EQ individuals. Given the difficulties this can entail, it may be useful to keep in mind the following, evidence-based recommendations for managing those situations effectively: Be gentle. Be explicit. Be rational. Do not get offended. Finally, remember that just as high EQ is not always...
Statute of Limitations Defense Determined by Arbitrator, Not Court
July 2, 2015
Because a reinsurer participated in the arbitrator selection process, the reinsurer was precluded from seeking a stay on statute of limitations grounds pursuant to New York law, a New York appellate court ruled. As discussed in a previous post, the arbitration agreement stated that the parties’ arbitration would be governed by the “arbitration laws of New York State.” New York’s arbitration laws state that a party may raise statute of limitations defense as a threshold issue in the courts....
July 2, 2015
Because a reinsurer participated in the arbitrator selection process, the reinsurer was precluded from seeking a stay on statute of limitations grounds pursuant to New York law, a New York appellate court ruled. As discussed in a previous post, the arbitration agreement stated that the parties’ arbitration would be governed by the “arbitration laws of New York State.” New York’s arbitration laws state that a party may raise statute of limitations defense as a threshold issue in the courts....
Breaking: BP to Settle 2010 Oil Spill Claims With U.S., States
July 2, 2015
BP Plc reached an agreement with states and the U.S. in the 2010 Gulf of Mexico oil spill case, according to a person with knowledge of the matter. The terms of the agreement aren’t yet available, the person said. Spokesmen for BP and the Department of Justice declined to comment. Louisiana, Mississippi, Alabama and Florida sued BP for damages not covered by the company’s earlier settlements with businesses and individuals harmed by the worst offshore spill in U.S. history.
July 2, 2015
BP Plc reached an agreement with states and the U.S. in the 2010 Gulf of Mexico oil spill case, according to a person with knowledge of the matter. The terms of the agreement aren’t yet available, the person said. Spokesmen for BP and the Department of Justice declined to comment. Louisiana, Mississippi, Alabama and Florida sued BP for damages not covered by the company’s earlier settlements with businesses and individuals harmed by the worst offshore spill in U.S. history.
Emotional Intelligence: Does Technology Hurt or Help?
July 2, 2015
Emotional intelligence is the ability to determine the emotional state that others, and ourselves, are in and change that...
July 2, 2015
Emotional intelligence is the ability to determine the emotional state that others, and ourselves, are in and change that...
Construction Arbitration: Geography Lessons
July 1, 2015
Arbitrator Andrew Aglionby says that the main sticking points in construction disputes centre on quality, costs and time, most often when there are changes to contractual terms. Common examples are projects not being completed to the agreed standards, going over-budget or facing very lengthy delays. “These projects involve billions of dollars of investment and one of the biggest challenges is change: a change in the project specifications; a change in the timeframe; a change of mind; or sometimes...
July 1, 2015
Arbitrator Andrew Aglionby says that the main sticking points in construction disputes centre on quality, costs and time, most often when there are changes to contractual terms. Common examples are projects not being completed to the agreed standards, going over-budget or facing very lengthy delays. “These projects involve billions of dollars of investment and one of the biggest challenges is change: a change in the project specifications; a change in the timeframe; a change of mind; or sometimes...
Second Circuit Reverses Injunction in Aid of Arbitration
July 1, 2015
Defendant‐appellant Benihana of Tokyo, LLC appealed a 2014 order of the United States District Court for the Southern District of New York granting the application of plaintiff‐appellee Benihana, Inc. for a preliminary injunction in aid of arbitration of a dispute arising under the parties’ license agreement. The district court enjoined Benihana of Tokyo from: (1) selling unauthorized food items at the restaurant it operates pursuant to the license agreement; (2) using certain trademarks in connection...
July 1, 2015
Defendant‐appellant Benihana of Tokyo, LLC appealed a 2014 order of the United States District Court for the Southern District of New York granting the application of plaintiff‐appellee Benihana, Inc. for a preliminary injunction in aid of arbitration of a dispute arising under the parties’ license agreement. The district court enjoined Benihana of Tokyo from: (1) selling unauthorized food items at the restaurant it operates pursuant to the license agreement; (2) using certain trademarks in connection...
Competition to Cooperation
July 1, 2015
When I started mediating cases, I never thought that I would have to be aware of or learn advanced mathematics. But a book that I recently finished has shown me otherwise. Entitled, Rock, Paper, Scissors: Game Theory in Everyday Life, its author, Len Fisher, PhD. (Basic Books (2008)) explains how game theory applies to everyday life. In turn, game theory is predicated on the Nash equilibrium, named after John Nash who won a Nobel Prize in 1949 for discovering that all social dilemmas arise from the same...
July 1, 2015
When I started mediating cases, I never thought that I would have to be aware of or learn advanced mathematics. But a book that I recently finished has shown me otherwise. Entitled, Rock, Paper, Scissors: Game Theory in Everyday Life, its author, Len Fisher, PhD. (Basic Books (2008)) explains how game theory applies to everyday life. In turn, game theory is predicated on the Nash equilibrium, named after John Nash who won a Nobel Prize in 1949 for discovering that all social dilemmas arise from the same...
Mediation Games
June 30, 2015
John Nash died this week, in a tragic car accident. John Nash was the Nobel-prize winning mathematician whose theory of non-cooperative games published in 1950 has been described as one of the top ten ideas in economics in the 20th century. His theory introduced and explored the concept of what is known as Nash equilibrium. According to the New York Times obituary, Nash equilibrium provides a conceptually simple but powerful mathematical tool for analysing a wide range of competitive situations,...
June 30, 2015
John Nash died this week, in a tragic car accident. John Nash was the Nobel-prize winning mathematician whose theory of non-cooperative games published in 1950 has been described as one of the top ten ideas in economics in the 20th century. His theory introduced and explored the concept of what is known as Nash equilibrium. According to the New York Times obituary, Nash equilibrium provides a conceptually simple but powerful mathematical tool for analysing a wide range of competitive situations,...
Can a Party Obtain Post-Judgment Relief from a Confirmed Arbitration Award Procured by Fraud?
June 30, 2015
Section 10(a)(1) of the Federal Arbitration Act authorizes Courts to vacate arbitration awards that were “procured by fraud, corruption or undue means.” 9 U.S.C. § 10(a)(1). (For a discussion of Section 10(a)(1), see L. Reins. & Arb. Law Forum post here.) But a motion to vacate an arbitration award procured by fraud (or otherwise) is subject to a strict three-month deadline, and Section 10, unlike certain of its state-law counterparts, does not provide for tolling of the three-month deadline...
June 30, 2015
Section 10(a)(1) of the Federal Arbitration Act authorizes Courts to vacate arbitration awards that were “procured by fraud, corruption or undue means.” 9 U.S.C. § 10(a)(1). (For a discussion of Section 10(a)(1), see L. Reins. & Arb. Law Forum post here.) But a motion to vacate an arbitration award procured by fraud (or otherwise) is subject to a strict three-month deadline, and Section 10, unlike certain of its state-law counterparts, does not provide for tolling of the three-month deadline...
