References
Cases and Materials on Arbitration Law and Practice
February 8, 2012
This casebook covers major themes within the field of arbitration, with a specific focus on recent developments in court decisions regarding arbitration and arbitration procedures.
February 8, 2012
This casebook covers major themes within the field of arbitration, with a specific focus on recent developments in court decisions regarding arbitration and arbitration procedures.
The Art of the Settlement
February 8, 2012
This book dicusses early settlement strategies, the settlement process, how to succeed at settlement conferences, techniques for winning strong settlement awards, ethical considerations and depositions, and using mediation when settlements do not work.
February 8, 2012
This book dicusses early settlement strategies, the settlement process, how to succeed at settlement conferences, techniques for winning strong settlement awards, ethical considerations and depositions, and using mediation when settlements do not work.
International Law and State Succession: A Solution to the Iraqi Debt Crisis?
February 8, 2012
This article proposes that the doctrine of odious debts be applied to solve the potential debt crisis in Iraq. The author discusses the sources of international law, including the ADR techniques adopted in international law. The principles behind the odious debts doctrine were developed from an arbitration in which Supreme Court Justice William Howard Taft presided. The article also discusses debt negotiation for successor nations, including Germany and the former Yugoslavia.
February 8, 2012
This article proposes that the doctrine of odious debts be applied to solve the potential debt crisis in Iraq. The author discusses the sources of international law, including the ADR techniques adopted in international law. The principles behind the odious debts doctrine were developed from an arbitration in which Supreme Court Justice William Howard Taft presided. The article also discusses debt negotiation for successor nations, including Germany and the former Yugoslavia.
The Impact of Information Technology Upon the Shipbroking Profession
February 8, 2012
This article focuses on the effects that the increasing use of Internet Technology has on the shipbroking industry. In review of the shipbroker's role in the maritime industry, this article discusses the practice of negotiation and the broker's utilization of negotiation when chartering a ship.
February 8, 2012
This article focuses on the effects that the increasing use of Internet Technology has on the shipbroking industry. In review of the shipbroker's role in the maritime industry, this article discusses the practice of negotiation and the broker's utilization of negotiation when chartering a ship.
The Effect of Negotioation Practices On The Relationship Between Suppliers And Customers
February 8, 2012
This article examines the effects of negotiation practices, such as coercion and contract formality, on how suppliers and customers perceived the resulting business relationship. We conducted a purchasing negotiation simulation with students in a classroom setting in which participants competed for resources in a mock supply-chain context. The participants were surveyed at key stages of the ongoing negotiation in order to measure their behaviors as a customer_supplier relationship developed. The data...
February 8, 2012
This article examines the effects of negotiation practices, such as coercion and contract formality, on how suppliers and customers perceived the resulting business relationship. We conducted a purchasing negotiation simulation with students in a classroom setting in which participants competed for resources in a mock supply-chain context. The participants were surveyed at key stages of the ongoing negotiation in order to measure their behaviors as a customer_supplier relationship developed. The data...
Bargaining and Distribution in Special Education
February 8, 2012
This article discusses the role and impact of negotiation in the field of special education. While the Individuals with Disabilities Education Act mandates a free and appropriate education in the least restrictive environment, this article points out the inherent advantage given to families with superior bargaining skills when forming students' Individualized Education Plans.
February 8, 2012
This article discusses the role and impact of negotiation in the field of special education. While the Individuals with Disabilities Education Act mandates a free and appropriate education in the least restrictive environment, this article points out the inherent advantage given to families with superior bargaining skills when forming students' Individualized Education Plans.
Player Mobility in Professional Sports: From the Reserve System to Free Agency
February 8, 2012
This article discusses case law that crafted an exemption to federal antitrust law and triggered the rise of sports unionization. The catalyst for the reserve system's collapse was the integration of the arbitration clause planted by a players' association into a Collective Bargaining Agreement. The article focuses on the fall of the reserve system and the rise of free agency, a system designed to facilitate contract offers to players from competing teams.
February 8, 2012
This article discusses case law that crafted an exemption to federal antitrust law and triggered the rise of sports unionization. The catalyst for the reserve system's collapse was the integration of the arbitration clause planted by a players' association into a Collective Bargaining Agreement. The article focuses on the fall of the reserve system and the rise of free agency, a system designed to facilitate contract offers to players from competing teams.
In a Class of Their Own: The Eighth Circuit Upholds a Credit Card Agreement’s Class Action Waiver and Mandatory Arbitration Clause
February 8, 2012
This article analyzes the inclusion of class action waivers in arbitration agreements that are included in credit card agreements between credit card companies and consumers. The article asserts that such waivers are a backdoor method used by credit card companies to gain immunity from lawsuits, as class action lawsuits are the most likely form of suit against these companies. The article analyzes a growing split amongst circuits regarding these provisions.
February 8, 2012
This article analyzes the inclusion of class action waivers in arbitration agreements that are included in credit card agreements between credit card companies and consumers. The article asserts that such waivers are a backdoor method used by credit card companies to gain immunity from lawsuits, as class action lawsuits are the most likely form of suit against these companies. The article analyzes a growing split amongst circuits regarding these provisions.
Saving Alternative Dispute Resolution in Patent Law: Countering the Effects of the Patent Troll Revolution
February 8, 2012
There is an excellent opportunity to promote and increase the use of ADR mechanism in the field of patent law as a means of reducing litigation between patent trolls and manufacturers. Possible ways of increasing the frequency of ADR mechanisms include increasing general awareness of ADR techniques, utilizing legislative and administrative options, and taking an active voice in the patent reform movement.
February 8, 2012
There is an excellent opportunity to promote and increase the use of ADR mechanism in the field of patent law as a means of reducing litigation between patent trolls and manufacturers. Possible ways of increasing the frequency of ADR mechanisms include increasing general awareness of ADR techniques, utilizing legislative and administrative options, and taking an active voice in the patent reform movement.
Admiralty
February 8, 2012
The Eleventh Circuit's Bautista v. Star Cruises decision involved the enforcement of arbitration clauses. Arbitration has become an increasingly popular procedure for resolving maritime disputes. The court examined issues regarding the Federal Arbitration Act (FAA) and the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards before it ultimately ruled in favor of arbitration.
February 8, 2012
The Eleventh Circuit's Bautista v. Star Cruises decision involved the enforcement of arbitration clauses. Arbitration has become an increasingly popular procedure for resolving maritime disputes. The court examined issues regarding the Federal Arbitration Act (FAA) and the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards before it ultimately ruled in favor of arbitration.
