Abstract

This article is part of a larger monograph addressing the nature of deception as a negotiation strategy through a cross-jurisdictional, multi-disciplinary analysis leading to a path of strategic policy reforms.

The goal of this article is to share broad preliminary results of an empir...   MORE>>

ABSTRACT

Can mediation serve the goals of gender-fair workplace laws and offer a viable alternative to litigation? Unlike litigation, mediation may provide a better opportunity to address the root causes of sexual harassment because it encourages open communication in which parties have an opport...   MORE>>

I. Introduction

In his 1903 book “The Jumping Frog – in English, then in French, then Clawed Back Into Civilized Language Once More by Patient Unremunerated Toil,” Mark Twain sought revenge over a poorly translated French version of his celebrated tale about the jumping frogs of Calaveras C...   MORE>>

Abstract:

Mediation can help in an attorney-client fee dispute because it opens the channels of communication. I have provided the example of a client who pays a non-refundable retainer to a lawyer in return for services. The lawyer ignores all the client's calls, does not render the services, an...   MORE>>

Introduction

Arbitration is the process by which a difference among parties as to their mutual legal rights is referred and determined with binding effect by the application of law by an arbitral tribunal instead of a court. Arbitration “took its rise in the very infancy of Society” as a priv...   MORE>>

I. Introduction

No one disagrees that the American judicial system is the finest yet devised by mankind. It was created with the highest ideals in mind; to seek the truth in all instances, and to do justice for all who enter its hallowed halls. Yet there has been a literal revolution in the way w...   MORE>>

Courts strongly encourage the resolution of disputes by arbitration. Arbitration is a cost-effective, more efficient, and quicker alternative to traditional litigation. To advance these ends, judicial review of arbitration awards is severely limited. As one court noted, if “it were otherwise, the ...   MORE>>

In order to understand the deference courts give arbitration awards in the field of labor law, it is essential to review the evolution of binding arbitration in America. In England, during the nineteenth century, the judiciary viewed private agreements to arbitrate personal disputes as attempts by i...   MORE>>

ABSTRACT

Background

Both disputants – states and investors – as well as stakeholders have mounted strong criticisms of investor-state arbitration. Such criticisms could provoke a broad range of reactions among the system‟s various stakeholders. At one end of the spectrum, one could react...   MORE>>

This report is the third installment in a series of yearly updates that began in 2005 to track and follow the developments in arbitration law in Singapore. Several prominent cases that dealt with important issues in arbitration law arose for consideration in the High Court and Court of Appeal in 200...   MORE>>