Two panels at the upcoming meeting of the ABA Business Law Section in Washington, DC, will be of interest to business lawyers concerned with conflict management. The first, on Friday April 5 at 8:00 a.m., addresses Early Negotiation and Dispute Management and features David Burt of DuPont, Kathy Bryan of CPR, Ben Picker...
Anecdote One: The Bach St. Matthew Passion begins with a piece of music that is scored for two orchestras and two choirs, who ask and answer questions antiphonally. From time to time a boy's choir singes over the assembled masses a melody that is a chorale -- a familiar melody...
The current issue of IBA Global Insight (Feb/March 2013) features an excellent article by Rebecca Lowe that, on first glance, studies the defenses to liability under the Alien Tort Claims Act as presented by the U.S. Supreme Court's consideration of Kiobel v. Royal Dutch Petroleum. The article, however, is both...
However effective and broadly adopted the Convention and Rules of the International Centre for Settlement of Investment Disputes (ICSID) have been, the ICSID Conciliation Rules have enjoyed very little respect and have seldom been used. This is especially to be regretted, because ICSID arbitrations, though relatively few in number, are often...
Last year, a survey was conducted among senior in-house counsel of the Fortune 1000, to follow-up on the findings of the influential 1997 Cornell survey. Thomas J. Stipanowich of Pepperdine and J. Ryan Lamare of Penn State have now prepared an analysis of that new survey, and in an important...
Recent events in American politics illustrate the risks of negotiation strategies that rely on disincentives -- that is, when negotiators plant "poison pills" or "time bombs" to encourage their counter-parties to avoid failure of the process. And the lesson is, be careful the disincentive you choose; it may not be all that...
It has long been broadly agreed that the most effective target for education and training in ADR is the lawyers who draft the deals. Drafting a dispute resolution clause as an elegant risk allocation is surely the Holy Grail of commercial deals. Model clauses are promulgated by many ADR organizations,...