In recent decades, trends have developed in international arbitration which challenge arbitration's ability to be timely and cost-effective. International arbitration must address these challenges in order to remain an efficient method of dispute resolution.
Fowler argues that the traditional positional bargaining used in hostage situations is an unfortunate consequence of the circumstances. The article shows how principled negotiation, which deals with cooperation for the mutual benefit of the parties, can work in the high-pressure hostage situation in a surprising way.
Collective bargaining, a core social institution, faces a fundamental transformational challenge. National survey data provide unique insights into the current status of the bargaining process
Almost every lawyer-drafted contract has some form of a dispute resolution clause. The author suggests that drafters should exercise creativity in crafting a tailored clause that serves the client's objectives-such as a layered dispute resolution clause. The article discusses the segments of the layered clause, policy considerations, and possible case law influences on the drafter.
This article focuses on a dispute resolution clause found within Bilateral Investment Treaties (BITs) that addresses corporate=related human rights violations. The article explains how current BITs grant multinational corporations the right to imitate arbitration against a State when the State has failed to fulfill its obligations under the treaty. The author provides suggestions as to how BITs may be restructured to be more effective in resolving disputes over human rights violations.
This article examines the ability of the individual differences, motivational, and cognitive approaches of negotiation to account for empirical research on dyadic negotiation. Investigators have typically focused on objective, economic measures of performance. However, social-psychological measures are important because negotiators often do not have the information necessary to make accurate judgments of the bargaining situation. Negotiators' judgments are biased, and biases are associated with inefficient...
This article discusses the Korean nuclear weapons crisis and negotiation strategies, behaviors, and tactics used by the parties involved. Moreover, it discusses the behavior of Kim Jong-I1 and how he may have affected the negotiating behavior of North Korea.