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Archived articles from 2012
240 articles found
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
The Influence of Roger Fisher
By Victoria VanBuren - September 11, 2012
by Holly Hayes “Through his writings and teaching, Roger Fisher’s seminal contributions literally changed the way millions of people around the world approach negotiation and dispute resolution,” said HLS Professor Robert Mnookin ‘68, chair of the Program on Negotiation at Harvard Law School and director of the Harvard Negotiation Research Project. “He taught that conflict is not simply a ‘zero-sum’ game in which a fixed pie is simply divid
Fifth Circuit Decides on Arbitrability of Claims
By Victoria VanBuren - September 10, 2012
by Jeremy Clare The United States Court of Appeals for the Fifth Circuit affirmed the district court’s ruling confirming an arbitration award. In Petrofac, Inc., v. DynMcDermott Petroleum Operations Company, No. 1-20141 (5th Cir. July 17, 2012), DynMcDermott Petroleum Operations Company (“DM”), which operates the Strategic Petroleum Reserve for the Department of Energy, contracted with Petrofac to design and install a transportable degas plant to
Fifth Circuit Rules on Arbitrator Appointment Process
By Victoria VanBuren - September 6, 2012
by Jeremy Clare The United States Court of Appeals for the Fifth Circuit ruled that the district court exceeded its authority under 9 U.S.C. § 5 by not limiting the number of arbitrators appointed to the number agreed to by the parties in the arbitration agreement. Background In BP Exploration Libya Ltd., v. ExxonMobil Libya Ltd., v. Noble North Africa Ltd. No. 11-20547 (5th Cir. July 30, 2012), ExxonMobil Libya (“Exxon”) and N
Harvard Program on Negotiation Video | Setting the Stage for Productive Negotiations
By Victoria VanBuren - September 5, 2012
In this video, Professor Guhan Subramanian (Harvard Law School and Harvard Business School) discusses a real world example of how seating arrangements can influence a negotiator’s success.
ABA Blawg 100 Amici | Deadline is Friday, Sept. 7, 2012
By Victoria VanBuren - September 4, 2012
The American Bar Association (“ABA”) is working on its annual list of the 100 best legal blogs (“blawgs”). This year’s deadline is Friday, September 7. Nominate your favorite blawgs here. Looking to subscribe to other legal blogs? The ABA Blawg Directory is here and Alternative Dispute Resolution blawgs are here.
Physician as Team Captain
By Victoria VanBuren - August 30, 2012
By Holly Hayes “The era of ‘one patient, one doctor’ is coming to an end, and so today’s trainees will practice in collaborative teams rather than individually,” Carl Snyderman, MD, David Eibling, MD and Jonas Johnson, MD state in their article “The Physician as Team Leader: New Job Skills Are Required” in Academic Medicine, a journal of the Association of American Medical Colleges (AAMC). Atul Gawande, M
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