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All articles by victoria
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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
USADA Case against Lance Armstrong | Remaining Procedural Steps
By Victoria VanBuren - August 29, 2012
by Jeremy Clare Even though Lance Armstrong decided on August 23rd not to proceed to arbitration with the United States Anti-Doping Agency (“USADA”), the process for sanctioning Mr. Armstrong has not been completed. There are remaining procedural steps that must occur before the sanctions are finalized. Under Article 8.3 of the World Anti-Doping Code (the “Code”), USADA is obligated to send Mr. Armstrong, the International
GUEST-POST | Credit Card Arbitration by the (New) Numbers: Why Do Credit Card Issuers Use Arbitration Clauses?
By Victoria VanBuren - August 28, 2012
by Don Philbin The wide-spread use of arbitration clauses in consumer credit card agreements was one of the reasons for creating the Consumer Financial Protection Bureau (CFPB). One of the by-products of the Credit Card Accountability Responsibility and Disclosure Act of 2009 is an extensive database of credit card agreements. Professor Chris Drahozal takes a rigorous look at that data to test arbitration assumptions in the most recent issue of t
Fifth Circuit Rules that Arbitrator Bias Issue Must be Raised Before the Arbitration Award Is Rendered
By Victoria VanBuren - August 27, 2012
In Dealer Computer Servs. v. Michael Motor Co., No. 11-20053 (5th Cir. Aug. 14, 2012) Dealer Computer Services (“DCS”) provides hardware maintenance, software support, and computer hardware to automobile dealer Michael Motor Company (“MMC”). Their hardware and service contract contained an arbitration clause requiring the parties to resolve disputes in accordance with the Commercial Rules of the American Arbitration Association (“AAA”). A dispute
USADA Case against Lance Armstrong | USADA Announces Lance Armstrong’s Lifetime Ban from Sport and Forfeiture of Titles
By Victoria VanBuren - August 24, 2012
The United States Anti-Doping Agency (USADA) has released the following Statement today: August 24, 2012 USADA announced today that Lance Armstrong has chosen not to move forward with the independent arbitration process and as a result has received a lifetime period of ineligibility and disqualification of all competitive results from August 1, 1998 through the present, as the result of his anti-doping rule violations stemming from his involvemen
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