References
The UK Supreme Court Speaks to International Arbitration: Learning from the Dallah Case
February 8, 2012
This Article discusses the effect of the UK Supreme Court's decision in Dallah Real Estate and Tourism Holding Company v. Ministry of Religious Affairs, Government of Pakistan, but recognizes that it is still unclear as to what is to happen when courts entertain challenge to enforcement of foreign based claims like the invalidity of an arbitration agreement. The authors, however, recognize the positive contributions of the court towards sorting out the larger systemic issues.
February 8, 2012
This Article discusses the effect of the UK Supreme Court's decision in Dallah Real Estate and Tourism Holding Company v. Ministry of Religious Affairs, Government of Pakistan, but recognizes that it is still unclear as to what is to happen when courts entertain challenge to enforcement of foreign based claims like the invalidity of an arbitration agreement. The authors, however, recognize the positive contributions of the court towards sorting out the larger systemic issues.
Note, Manifest Disregard after Hall Street: Back From the Dead- The Surprising Resilience of Non-Statutory Ground for Vacatur
February 8, 2012
This article assesses various court decisions following the holding in Hall Street v. Mattel and their effect on the doctrine of manifest disregard, concluding that the courts' differing interpretations of the Hall Street may result in cynicism regarding arbitration as a process for dispute resolution.
February 8, 2012
This article assesses various court decisions following the holding in Hall Street v. Mattel and their effect on the doctrine of manifest disregard, concluding that the courts' differing interpretations of the Hall Street may result in cynicism regarding arbitration as a process for dispute resolution.
Lawyer Negotiation: Theory, Practice, and Law
February 8, 2012
This is a comprehensive textbook designed for a semester class on legal negotiation. Subjects include legal disputes, deals, obstacles to settlement, cyber negotiation, race/gender/culture, ethics, and legal issues surrounding negotiation practices of attorneys. The book uses recent publications to build an analytical framework for conflict and settlement, present various strategies in negotiation, create a detailed guide to effective negotiation, and then provides questions and role-plays for interactive...
February 8, 2012
This is a comprehensive textbook designed for a semester class on legal negotiation. Subjects include legal disputes, deals, obstacles to settlement, cyber negotiation, race/gender/culture, ethics, and legal issues surrounding negotiation practices of attorneys. The book uses recent publications to build an analytical framework for conflict and settlement, present various strategies in negotiation, create a detailed guide to effective negotiation, and then provides questions and role-plays for interactive...
Zoning and Land Use
February 8, 2012
The second part of the article, entitled Annexation, discusses the right of landowners to trigger arbitration within the context of an involuntary annexation.
February 8, 2012
The second part of the article, entitled Annexation, discusses the right of landowners to trigger arbitration within the context of an involuntary annexation.
Detecting Intimate Partner Violence in Family and Divorce Mediation: A Randomized Trial of Intimate Partner Violence Screening
February 8, 2012
The authors conducted a study that looked at the accuracy with which trained mediators could identify cases involving intimate partner violence.
February 8, 2012
The authors conducted a study that looked at the accuracy with which trained mediators could identify cases involving intimate partner violence.
Comment, Arbitration – United States Supreme Court Sounds Death Knell for Class Arbitration – Stolt Nielsen S.A. v. Animalfeeds Int’l Corp., 130 S. Ct. 1758 (2010)
February 8, 2012
The author argues that the Supreme Court's decision in Stolt Nielsen S.A. v. Animalfeeds Int'l Corp., a case vacating an arbitration award in a class-action suit where neither side's arbitration agreement included class arbitration because the arbitration in this case was coercive, undermines arbiters' authority to resolve class disputes while failing to clarify the scope of the holding or the type of language required to consent to class arbitration.
February 8, 2012
The author argues that the Supreme Court's decision in Stolt Nielsen S.A. v. Animalfeeds Int'l Corp., a case vacating an arbitration award in a class-action suit where neither side's arbitration agreement included class arbitration because the arbitration in this case was coercive, undermines arbiters' authority to resolve class disputes while failing to clarify the scope of the holding or the type of language required to consent to class arbitration.
Survival or Extinction? Animistic Dispute Resolution in the Sultanate of Brunei
February 8, 2012
The animistic dispute resolution mediation practices of the Iban, a small, indigenous, non-Muslim, ethnic minority in Brunei, are being threatened by absorption and integration into Islamization. Under the Sultanate's current policy of Islamization, animistic dispute resolution processes are threatened by a process of integration and cultural extinction characteristic of post- colonial situations, wherein the dominant indigenous ethnic group consumes the smaller groups.
February 8, 2012
The animistic dispute resolution mediation practices of the Iban, a small, indigenous, non-Muslim, ethnic minority in Brunei, are being threatened by absorption and integration into Islamization. Under the Sultanate's current policy of Islamization, animistic dispute resolution processes are threatened by a process of integration and cultural extinction characteristic of post- colonial situations, wherein the dominant indigenous ethnic group consumes the smaller groups.
Note, After Intel: Reconciling Policy Considerations and a Proposed Framework to Extend Judicial Assistance to International Arbitral Tribunals
February 8, 2012
Parties engaged in international commercial transactions increasingly prefer arbitration as a method of dispute resolution. International arbitral tribunals occasionally require judicial assistance from federal courts to compel discovery. Providing judicial aid to international arbitral tribunals in the context of discovery requests would likely add to the speed, fairness, and reliability that make arbitration appealing, while aligning with the robust federal policy in favor ofarbitration.
February 8, 2012
Parties engaged in international commercial transactions increasingly prefer arbitration as a method of dispute resolution. International arbitral tribunals occasionally require judicial assistance from federal courts to compel discovery. Providing judicial aid to international arbitral tribunals in the context of discovery requests would likely add to the speed, fairness, and reliability that make arbitration appealing, while aligning with the robust federal policy in favor ofarbitration.
Priming Legal Negotiations Through Written Demands
February 8, 2012
Lawyers frequently start negotiations with a written demand. But legal scholars have not, until now, considered the demand letter part of the negotiation process. Negotiation theory focuses almost exclusively on face-to-face negotiations and incorporates research from psychology, economics, and other social sciences to explain lawyers
February 8, 2012
Lawyers frequently start negotiations with a written demand. But legal scholars have not, until now, considered the demand letter part of the negotiation process. Negotiation theory focuses almost exclusively on face-to-face negotiations and incorporates research from psychology, economics, and other social sciences to explain lawyers
Flawed Thinking: Addressing Decision Biases In Negotioation
February 8, 2012
In this article, Adler talks about the biases associated with the negotiation process. The primary focus is on heuristics and related biases, cognitive biases associated with heuristics, egocentric biases, and .mixed and miscellaneous biases. It concludes by suggesting steps to avoid the biases discussed in this article as well as other negotiation biases that may exist.
February 8, 2012
In this article, Adler talks about the biases associated with the negotiation process. The primary focus is on heuristics and related biases, cognitive biases associated with heuristics, egocentric biases, and .mixed and miscellaneous biases. It concludes by suggesting steps to avoid the biases discussed in this article as well as other negotiation biases that may exist.
