Recently added articles from Dispute Resolution Journal:
New Disclosure Guidelines Are an ICDR First
May 01, 2008; Slate, William K II ... The tendency among some parties to superimpose onto arbitration lengthy and expensive discovery practices commonly used in litigation has been a matter of ongoing concern both to the American Arbitration Association and the global arbitration markets that we serve. Last year, in an effort to ...
FAA Supersedes State Law Requiring Administrative Agency Forum
May 01, 2008; Anonymous ... Once again supporting the arbitration process, the U.S. Supreme Court, in a near unanimous (8-1) decision, ruled that an arbitrator should hear the parties' dispute, notwithstanding a choice-oflaw clause that would have the state Labor Commissioner decide that dispute in the first ...
Cert. Grants
May 01, 2008; Anonymous ... On Feb. 18, the Supreme Court agreed to review Pyett v. Pennsylvania Building Co. (No, 06-3047, 2007 WL 2189126, Aug. 1, 2007) to decide whether an arbitration clause in a collective bargaining agreement, which "clearly waives the right of union members to a judicial forum for statutory ...
Supreme Court Says "No" to Contractual Expansion of FAA Judicial Review
May 01, 2008; Fellas, John; Elul, Hagit ... In a much-anticipated decision, the U.S. Supreme Court has held (in a 6-3 split) in Hall Street Associates, L.L.C. v. Mattel,1 that the statutory grounds to vacate or modify an arbitration award stated in the Federal Arbitration Act "are exclusive." Therefore, parties cannot expand those grounds ...
Survey Reveals Trends in Europe on International Disputes
May 01, 2008; Anonymous ... INTERNATIONAL DEVELOPMENTS On March 18, 2008, Lovells, an international law firm, released a report on how European in-house counsel are managing international disputes. The report also identified trends in dispute management. Based on a survey of 180 in-house lawyers at the ...
Report on the UNCITRAL Arbitration Working Group
May 01, 2008; Castello, James E ... INTERNATIONAL DEVELOPMENTS The Arbitration Rules promulgated in 1976 by the United Nations Commission on International Trade Law (better known as UNCITRAL) have never been revised. In the 32 years since their promulgation, these rules have gained wide acceptance and been extensively ...
IMI Seeks Comments on Mediator Competency Standards
May 01, 2008; Anonymous ... Last year, the International Mediation Institute (IMI) was created in The Hague by the International Centre for Dispute Resolution (a division of the American Arbitration Association), the Netherlands Mediation Institute and the Singapore Mediation International Arbitration Centre. IMI's goal is ...
Sovereign Loses Appeal of Default Judgments Confirming Awards
May 01, 2008; Anonymous ... The District of Columbia Circuit upheld default judgments confirming arbitration awards against the Democratic Republic of the Congo, finding that the DRC waived its right to object to personal jurisdiction. Democratic Republic of Congo v. FG Hemisphere Associates.1 Default judgments ...
What's New in European Arbitration?
May 01, 2008; van Houtte, Vera; Wilske, Stephan; Young, Michael ... INTERNATIONAL DEVELOPMENTS Recent Decisions by National Courts France. The Cour de Cassation, France's Supreme Court, recently confirmed and refined the scope of the Kompetenz-Kompetenz of arbitrators in France Although the ruling was given in the context of a domestic dispute, ...
Returning Arbitration to an Effective Process in CONSTRUCTION CONTRACTS
May 01, 2008; Joyce, William R ... This article discusses the advantages of arbitration for construction disputes and how to tailor the process to the needs of the parties. It also addresses the recent change in the AIA standard form construction contract making arbitration an election rather than the default process. In ...
Everything You Need to Know About AUTHORITY to Settle a Mediation
May 01, 2008; Madison, James R ... The issues involved in determining how much settlement authority is needed by the mediating parties. Imagine being the mediator who convenes a mediation with the objective of settling a dispute between Party A and Party B only to learn when the participants gather that no one present for ...
Questions Clients Have about Whether (and How) to Mediate and How Counsel Should Answer Them
May 01, 2008; Scott, Kent B; Wilson, Cody W ... Today many attorneys recognize the value mediation has for clients. But since many clients have no experience with mediation, there is much they need to know to be able to decide whether to mediate a particular dispute, and how to mediate effectively. The questions and answers here can help ...
Who Is Responsible for Ethical Behavior by Counsel in Arbitration
May 01, 2008; Bennett, Steven C ... The author explains why attorneys must comply with applicable codes of professional conduct when they serve as counsel in arbitration proceedings and why it falls to arbitrators to deter and penalize unethical behavior by counsel that would affect the fairness of the ...
What Parties Might Be Giving Up and Gaining When Deciding Not to Litigate: A Comparison of Litigation, Arbitration and Mediation
May 01, 2008; Carper, Donald L; LaRocco, John B ... Deciding whether to litigate, arbitrate, or mediate requires an understanding of three dispute resolution processes. The authors begin with the major characteristics of litigation, and then discuss whether these characteristics are present in arbitration and mediation, and if not, how these ...
NAVIGATING Muddy Waters: Anti-Foreign Suit Injunctions in Aid of Compelling Arbitration
May 01, 2008; Karagheuzoff, Chris; Epstein, Eric ... A look at the liberal and conservative approaches to anti-foreign suit injunctions, the recent case law, and drafting suggestions to prepare for the possible need for such an injunction. In the United States, because arbitration agreements generally are enforceable, a party who commences ...
10 Golden Rules for U.S. Investors to Follow in Dispute Resolution Negotiations with a Foreign State or State Entity
May 01, 2008; Ali, Arif H; Vasani, Baiju S ... What corporate counsel should know to negotiate a settlement with a host state. Unlike other generic writings on how to resolve business disputes, we offer 10 "golden rules" that U.S. corporate counsel should follow when they engage in settlement negotiations of an investment dispute ...
LOOKING BACK AT 2007: Another Good Year For the Enforcement of International Arbitral Awards in the U.S.
May 01, 2008; Schaner, Lawrence S; Schleppenbach, John R ... The authors discuss the latest U.S. cases arising out of international arbitration awards, focusing on enforcement battles and the arguments that the challengers made, in most cases unsuccessfully. When Vince Lombardi, the legendary coach of the Green Bay Packers, said of football, ...
Increasing Global Interdependence Calls for Special Negotiation Skills
May 01, 2008; Fazzi, Cindy ... Increasing Global Interdependence Calls for Special Negotiation Skills Negotiating Globally: How to Negotiate Deals, Resolve Disputes, and Make Decisions Across Cultural Boundaries (Second Edition). By Jeanne M. Brett. San Francisco: Jossey-Bass, a Wiley imprint (www.josseybass.com), 2007 ....
Dispute Resolution in Light of China's Economic Growth
May 01, 2008; Anonymous ... Dispute Resolution in Light of China's Economic Growth Managing Business Disputes in Today's China: Duelling with Dragons. Edited by Michael J. Moser. Alphen aan den Rijn, the Netherlands: Kluwer Law International (www.kluwerlaw.com), 2007 Hardcover. 319 pages. $150. The Chinese economic ...
Modern Workplace Calls for Modern Leadership Model
May 01, 2008; Anonymous ... Modern Workplace Calls for Modern Leadership Model Facilitating to Lead: Leadership Strategies for a Networked World. By Ingrid Bens. San Francisco: Jossey-Bass, a Wiley imprint (www.josseybass.com), 2006. Softcover. $35. 176 pages. The days of bosses who tell subordinates exactly what ...