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Archived articles from September 2012
15 articles found
Health Care Conflict Resolution Part IV: Invent Options for Mutual Gain
By Victoria VanBuren - September 28, 2012
by Holly Hayes Conflict in health care differs from conflict in other arenas because it can result in significant negative outcomes – in some cases, life or death. Part IV in our series on applying conflict resolution skills in the health care setting follows the Principled Negotiation techniques described by Roger Fisher and William Ury in Getting to Yes with a focus on “inventing options for mutual gain”. Part I in the series can be viewed (her
Recent Developments in International Arbitration | Sept. 2012
By Victoria VanBuren - September 27, 2012
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): Ukraine: Mitigation of damages in arbitration practice: trite law or space for creativity? USA: Court sanctions counsel for frivolous challenge to arbitration award India: Supreme Court restricts domestic court jurisdiction over foreign arbitrations Canada: Choosing a
Article | Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent With the International Investment Regime?
By Victoria VanBuren - September 26, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted “Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent With the International Investment Regime?” 3 Yearbook on International Arbitration __ (forthcoming 2012) – preprinted in 9 Transnational Dispute Management (Aug. 2012) The abstract is: Abaclat v. Argentine Republic is the first time that a mass claim (in this case, 60,000 Italian bondholders) h
Video | Interview with Jason Fry on the ICC Rules of Arbitration
By Victoria VanBuren - September 25, 2012
In this Video, Jason Fry, Secretary General of the International Court of Arbitration at the International Chamber of Commerce (ICC), discusses the new 2012 ICC Arbitration Rules.
Southern District of New York Holds that Arbitrators Did Not Manifestly Disregard the Law
By Victoria VanBuren - September 24, 2012
by Jeremy Clare The United States District Court for the Southern District of New York confirmed an arbitration award and granted attorney’s fees in favor the defendant because the plaintiffs’ claims were meritless and lacked any proper purpose. Background In DigiTelCom, Ltd., et al., v. Tele2 Sverige AB, No. 12-CV-3253 (S.D. N.Y. July 25, 2012), two Russian telecommunications companies, DigiTelCom, Ltd. (“DTC”) and Tele2 Sverige AB (“Tele2”), we
Health Care Conflict Resolution Part III: Focus on Interests, Not Positions
By Victoria VanBuren - September 21, 2012
by Holly Hayes Our health care conflict resolution series began with Part I, applying the “principled negotiation” method to health care (post available here) and followed with Part II, examining a case study of “Separating the People from the Problem” (post available here). In this post, let’s take an example of a physician and a hospital group negotiating to buy the physician’s practice to see how “positional bargaining” results in failure to f
Article | Mass Procedures as a Form of ‘Regulatory Arbitration’ | Abaclat v. Argentine Republic and the International Investment Regime
By Victoria VanBuren - September 19, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted “Mass Procedures as a Form of ‘Regulatory Arbitration’ – Abaclat v. Argentine Republic and the International Investment Regime,” 38 The Journal of Corporation Law __ (forthcoming 2013) on SSRN. The abstract is: Commentators and counsel agree that Abaclat v. Argentine Republic is one of the most important investment arbitrations in recent years. Described alternatively as “unp
Texas Court of Appeals Reversed Vacatur of $125 Million Arbitration Award
By Victoria VanBuren - September 17, 2012
by Jeremy Clare The Court of Appeals for the Fifth District of Texas at Dallas reversed the district court’s vacatur of a $125 million arbitration award and confirmed the award because the appellee failed to raise its complaint during the arbitration process. Background In Ponderosa Pine Energy, LLC, v. Tenaska Energy, Inc., et al, No. 05-10-00516-CV (Tex.App.—Dallas August 20, 2012), an arbitration panel awarded Ponderosa Pine Energy, LLC (“Pond
Health Care Conflict Resolution Part II: Separate the People from the Problem
By Victoria VanBuren - September 14, 2012
by Holly Hayes We started our health care conflict resolution series with applying the principled negotiation method to health care (post available here). Principled negotiation involves: Separating the people from the problem. Focusing on interests, not positions. Generating a variety of possibilities before deciding what to do. Insisting that the result be based on some objective standard. This post will focus on “separating the people from the
AAA: India Johnson Selected to Lead the American Arbitration Association
By Victoria VanBuren - September 12, 2012
NEW YORK, NEW YORK, July 13, 2012 – Joia Johnson, Chairperson of the Board of the American Arbitration Association® (AAA®), has announced that India Johnson, Senior Vice President and Chief Strategy Officer at the AAA has been promoted to the position of Acting Executive Vice President in anticipation of advancing to the position of President and CEO on January 1, 2013. At that time she will succeed William K. Slate II, the current P
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