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Reinsurers’ Motion to Vacate Held Time-Barred
June 17, 2015
A federal judge in New York has denied reinsurers’ motions for relief from a prior judgment. The reinsurers, Equitas Insurance Limited and Certain Underwriters at Lloyd’s of London, argued that they were entitled to judicial relief because the insured, Arrowood Indemnity Company, procured an arbitration award later confirmed by the Southern District through fraud. Arrowood entered into a casualty reinsurance agreement with the underwriters. To recover under this agreement, claims needed to fall...
June 17, 2015
A federal judge in New York has denied reinsurers’ motions for relief from a prior judgment. The reinsurers, Equitas Insurance Limited and Certain Underwriters at Lloyd’s of London, argued that they were entitled to judicial relief because the insured, Arrowood Indemnity Company, procured an arbitration award later confirmed by the Southern District through fraud. Arrowood entered into a casualty reinsurance agreement with the underwriters. To recover under this agreement, claims needed to fall...
Negotiation and Memory
June 16, 2015
Is it true that as we get older, we tend to forget things more easily? Or is it that some things are just less important? As negotiators and mediators, we often deal with complex layers of information that appear all too much for any one person to recall. So we enter the negotiation room burdened with our big folders or sporting our slim iPads laden with mega data containing all the information that we might possibly need. I wonder though, if we sometimes rely too much on the documents when we could...
June 16, 2015
Is it true that as we get older, we tend to forget things more easily? Or is it that some things are just less important? As negotiators and mediators, we often deal with complex layers of information that appear all too much for any one person to recall. So we enter the negotiation room burdened with our big folders or sporting our slim iPads laden with mega data containing all the information that we might possibly need. I wonder though, if we sometimes rely too much on the documents when we could...
SCA v. Armstrong: Anatomy of the Lance Armstrong Arbitration Award—Part III.B.4
June 16, 2015
The third issue the Armstrong Panel addressed was: “What jurisdiction, if any, does this Tribunal have to award sanctions?” This was a question of the Panel’s remedial authority — assuming the Panel had the authority to decide the dispute, what remedies were the arbitrators authorized to award? The Panel determined that Armstrong had committed fraud and testified falsely, and had by those unlawful means procured the Settlement Agreement and Consent Award. All else equal, had the Armstrong...
June 16, 2015
The third issue the Armstrong Panel addressed was: “What jurisdiction, if any, does this Tribunal have to award sanctions?” This was a question of the Panel’s remedial authority — assuming the Panel had the authority to decide the dispute, what remedies were the arbitrators authorized to award? The Panel determined that Armstrong had committed fraud and testified falsely, and had by those unlawful means procured the Settlement Agreement and Consent Award. All else equal, had the Armstrong...
Greek Game Theory: Negotiations Look Increasingly Like a Deadly Scene in ‘Rebel Without A Cause’
June 16, 2015
So what game are the Greeks playing? Here are four possible hypotheses: * * * Game 2: they are bluffing and they are only now realising that they have miscalculated. Alexis Tsipras and his Syriza party are newcomers to the high politics of the EU. They won election in January believing that they could win the argument against “austerity” and find like-minded friends across Europe. The past few months have been a painful education in the realities of European politics. Mr Varoufakis’s...
June 16, 2015
So what game are the Greeks playing? Here are four possible hypotheses: * * * Game 2: they are bluffing and they are only now realising that they have miscalculated. Alexis Tsipras and his Syriza party are newcomers to the high politics of the EU. They won election in January believing that they could win the argument against “austerity” and find like-minded friends across Europe. The past few months have been a painful education in the realities of European politics. Mr Varoufakis’s...
Redesigned Website for Federal ADR
June 16, 2015
The Interagency Alternative Dispute Resolution Working Group has redesigned its website. The newly redesigned website includes many useful resources, including: A newly created directory of federal ADR programs and contacts; A second edition of the popular Electronic Guide to Federal Procurement; A listing of upcoming ADR events; and Access to recordings from previous ADR events
June 16, 2015
The Interagency Alternative Dispute Resolution Working Group has redesigned its website. The newly redesigned website includes many useful resources, including: A newly created directory of federal ADR programs and contacts; A second edition of the popular Electronic Guide to Federal Procurement; A listing of upcoming ADR events; and Access to recordings from previous ADR events
Monty Python, Water and Mediation
June 15, 2015
Many times in mediation you may face a situation where the day feels like it is going out of control. The case isn’t settling the way that you wanted; the opposing parties are intractable, and the day looks like it is going to be a waste. Well in those situations, I often follow the wisdom of Monty Python and “always look on the bright side of life.” I try to have a positive attitude about the process, the parties, and the success of the mediation. Somehow, I find that at the end of the day the case...
June 15, 2015
Many times in mediation you may face a situation where the day feels like it is going out of control. The case isn’t settling the way that you wanted; the opposing parties are intractable, and the day looks like it is going to be a waste. Well in those situations, I often follow the wisdom of Monty Python and “always look on the bright side of life.” I try to have a positive attitude about the process, the parties, and the success of the mediation. Somehow, I find that at the end of the day the case...
To Build Rapport – Laugh Together!
June 15, 2015
Happiness is important for economic growth, sustainable development and well-being which can only occur if rapport and relationships exist. A recent study shows that laughing together builds rapport (which hopefully will lead to a relationship!) If we have shared a laugh with someone, we tend to be more open with that person. As with most studies, this one was performed using college students (at Oxford University in England .) As explained in Science Daily: To investigate the role and influence...
June 15, 2015
Happiness is important for economic growth, sustainable development and well-being which can only occur if rapport and relationships exist. A recent study shows that laughing together builds rapport (which hopefully will lead to a relationship!) If we have shared a laugh with someone, we tend to be more open with that person. As with most studies, this one was performed using college students (at Oxford University in England .) As explained in Science Daily: To investigate the role and influence...
Technical Detail in Senate PATENT Act Could Have Major Impact in Eastern District of Texas
June 15, 2015
Particularly for Eastern District of Texas cases in which transfer is denied, the PATENT Act’s proposed discovery stay...
June 15, 2015
Particularly for Eastern District of Texas cases in which transfer is denied, the PATENT Act’s proposed discovery stay...
How To Overcome Cultural Barriers: Overseas Negotiations Advice
June 14, 2015
It’s a dilemma that negotiators face with increasing frequency: growing economic globalization offers a multitude of new opportunities yet often necessitates alternatives to face-to-face meetings, such as phone calls, email messages, video-conferencing, or instant messaging. Newly available technologies can be powerful negotiating tools that save time and money, but if not managed properly, they also come with some predictable pitfalls, such as misunderstandings and mutual distrust. What’s...
June 14, 2015
It’s a dilemma that negotiators face with increasing frequency: growing economic globalization offers a multitude of new opportunities yet often necessitates alternatives to face-to-face meetings, such as phone calls, email messages, video-conferencing, or instant messaging. Newly available technologies can be powerful negotiating tools that save time and money, but if not managed properly, they also come with some predictable pitfalls, such as misunderstandings and mutual distrust. What’s...
Greece’s Game Theorists Are Gambling the Future of Their Country. And Europe’s Too.
June 14, 2015
The latest failure to find a formula to unlock as much as 7.2 billion euros ($8.1 billion) in aid for the anti-austerity government of Prime Minister Alexis Tsipras was accompanied by warnings about the risk of Greece’s exit from the 19-nation euro. “The shadow of a Greek exit from the euro zone is becoming increasingly perceptible,” German and Vice Chancellor and Economy Minister Sigmar Gabriel wrote in an op-ed to be published in Bild newspaper on Monday. “Greece’s game theorists are gambling...
June 14, 2015
The latest failure to find a formula to unlock as much as 7.2 billion euros ($8.1 billion) in aid for the anti-austerity government of Prime Minister Alexis Tsipras was accompanied by warnings about the risk of Greece’s exit from the 19-nation euro. “The shadow of a Greek exit from the euro zone is becoming increasingly perceptible,” German and Vice Chancellor and Economy Minister Sigmar Gabriel wrote in an op-ed to be published in Bild newspaper on Monday. “Greece’s game theorists are gambling...
