Europe|International|Mediation

UIA Mediation Forum Meets in Zagreb

Europe|International|Mediation

UIA Mediation Forum Meets in Zagreb

The 17th gathering of the World Forum of Mediation Centers was held under the auspices of the Union International des Avocats in Zagreb, Croatia, on October 5-6, 2012.  Mediators and Centers came from the U.S., Spain, Italy, India, Canada, Croatia, France, Netherlands, Czech Republic, Lebanon, Russia, the U.K., Slovenia, Germany,...

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Arbitration

New Survey on International Arbitration — The Users' Perspective

Arbitration

New Survey on International Arbitration — The Users' Perspective

GE Oil & Gas attorney Michael McIlwrath has brought our attention to the recently released 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process.  This study, conducted by the School of International Arbitration at Queen Mary, University of London, and the firm of White & Case LLP,...

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Arbitration|Courts

Second Circuit Affirms Sanctions for Avoiding Arbitration

Arbitration|Courts

Second Circuit Affirms Sanctions for Avoiding Arbitration

We recently noted an opinion in the District Court for the Southern District on New York, protecting the integrity of the arbitration process by sanctioning a party that had sought to vacate an arbitration award with no grounds whatsoever, except a desire to delay its effect.  Recently the Second Circuit...

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Conflict Resolution|Negotiation|Teaching

Lande's Disconcertingly Excellent Book

Conflict Resolution|Negotiation|Teaching

Lande's Disconcertingly Excellent Book

It is a cause of dismay, in a way, that the ABA has published John Lande's superb book, Lawyering with Early Planned Negotiation: How You Can Get Good Results for Clients and Make Money.   More than a generation since Frank Sander espoused the "Multi-Door Courthouse," and Jim Henry founded CPR Institute,...

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Arbitration

Dispelling Arbitration Myths

Arbitration

Dispelling Arbitration Myths

A panel at the ABA Annual Meeting in Chicago once again engaged in "Myth Busting," using facts and logic to dispel many of the notions that, without factual basis, encumber user perceptions of arbitration.  Among these are that arbitrators "split the baby" and that arbitration is as costly and lengthy as...

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Arbitration|Courts

Second Circuit on Reviewing the Scope of an International Tribunal's Authority

Arbitration|Courts

Second Circuit on Reviewing the Scope of an International Tribunal's Authority

The Second Circuit Court of Appeals recently had occasion to find fault in a district court determination of arbitral authority to rule on the scope of an international arbitration agreement.  But the Court of Appeals nevertheless affirmed the tribunal award on the ground that clear and unmistakable evidence of an...

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