There has been much debate in the law and economics literature over the effect of fee shifting rules on settlement. Richard A. Posner and Steven Shavell have concluded that fee shifting of the English “loser pays” type would decrease the likelihood of settlement. They viewed parties as pursuing litigation because they are overly optimistic about their chances at trial, which causes them to discount the amount of attorneys' fees they will have to pay, and thus makes settlement less attractive....
Richard A. Posner (1988): "making the losing party pay the winning party's attorney's fees would reduce, not increase, the settlement rate" 22 Law & Soc'y Rev. 927, 928 (1988)
Supreme Court of Texas Blog: Waiver of insurance appraisal clauses; stay granted in an(other) employee-arbitration case [May 6, 2011] http://www.scotxblog.com/case-notes/waiver-of-insurance-appraisal-clauses-stay-granted-in-another-employee-arbitration-case-may-6-2011/
San Antonio Express-News: Police chief's power at stake: Legal fight [over arbitration award] could affect future disciplinary actions http://www.mysanantonio.com/news/local_news/article/Police-chief-s-power-at-stake-1371411.php
Loree Reinsurance and Arbitration Law Forum: David J. Abeshouse Guest Post: Don’t Be Penny-Wise and Pound-Foolish With Contract Law http://loreelawfirm.com/blog/david-j-abeshouse-guest-post-don%E2%80%99t-be-penny-wise-and-pound-foolish-with-contract-law?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Loreelawfirmcom+%28loreelawfirm.com%29&utm_content=Google+Reader
Kluwer Arbitration Blog Excerpt Feed: New York Court Grants Pre-Award Attachment in Aid of a Foreign-Seated International Arbitration http://kluwerarbitrationblog.com/blog/2011/04/18/new-york-court-grants-pre-award-attachment-in-aid-of-a-foreign-seated-international-arbitration/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+KluwerArbitrationBlogExcerpt+%28Kluwer+Arbitration+Blog+-+Latest+Excerpts%29&utm_content=Google+Reader
ContractsProf Blog: Charlie Sheen Claims that Arbitration Provision is Unconscionable http://lawprofessors.typepad.com/contractsprof_blog/2011/04/charlie-sheen-claims-that-arbitration-provision-is-unconscionable.html
CPR Institute: CPR Announces the 2011 Relaunch of its National Panel of Distinguished Neutrals http://www.cpradr.org/Default.aspx?&gv1252__gvac=2&tabid=92&gv1252__gvff4=TX&gv1252__gvfl4=4 ["CPR’s Panels of Distinguished Neutrals comprise the most highly qualified mediators and arbitrators from throughout the world. They include prominent attorneys, retired state and federal judges, business executives, legal experts, academics, and ADR professionals who are particularly well...