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...
Tag Archives: Public Policy
Efforts to challenge the enforceability of settlements that are obtained through mediation almost always yield uncomfortable outcomes. A recent New Jersey Appellate Division decision is no exception....
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,...
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...
Karol Denniston of Schiff Hardin has brought our attention to recently enacted legislation in California requiring mediation, in most instances, before a municipality may seek protection under Chapter 9 of the federal bankruptcy laws. The new law (Assembly Bill 506) requires a municipality to either participate in a 60-day "neutral evaluation process"...
The final paper from a student in the International Commercial Dispute Resolution course at New York Law School discusses the present state of commercial mediation, conciliation and arbitration in selected jurisdictions in Africa. The author also identifies certain political and commercial attributes that are missing in the region and that,...
This blog has noted, over the years, the challenges of multiparty negotiations. It has also brought readers' attention to the challenges of hostage negotiation. This next paper from a New York Law School student combines the two in a horrific melange of self-interest, terror and human lives. The topic is the...