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via Twitter The challenge in making choices: 53 powerful provocative workshops and a scavenger hunt, too. @NWDRConference… https://t.co/YteAhqndZu Dispute Resolution

FAI Board’s Recent Practice on the Consolidation of Arbitrations under the FAI Rules

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Mika Savola Introduction Consolidation means combining two or more arbitrations that are pending under a specific set of rules into a single arbitration proceeding. In appropriate circumstances, consolidation has various advantages. Most importantly, it eliminates the risk of having contradictory awards rendered in different proceedings on closely related sets of […]

The chemistry of trust: can oxytocin enable successful mediation?

In his groundbreaking TED Talk that went viral, Dr. Paul Zak explored the ways in which the hormone oxytocin supports human interconnectedness. His findings have important implications on the field of mediation. Oxytocin is a chemical produced in mammals, which is released under certain types of stimulus. When released, it […]

Arbitrating in Brazil: Arbitration and Binding Precedents

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Teresa Arruda Alvim This post covers the main topics broached in my lecture given in Oxford, in the Conference “II Oxford Symposium on Comparative International Commercial Arbitration”, which took place on November 20, 2017. The question is: are arbitrators bound by precedents or by a clear line of case law, when […]

Arbitrability of Shareholder Disputes in Germany

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Tilmann Hertel and Alessandro Covi Herbert Smith Freehills INTRODUCTION   Germany is considered as one of the most arbitration friendly jurisdictions in Europe if not world-wide, not least because the 1998 arbitration law is almost a verbatim translation of the UNCITRAL Model law. This arbitration-friendliness always encompassed also corporate disputes, […]

Empirical Research on Legal Reasoning in Commercial Disputes – Then and Now

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S.I. Strong Critics of international arbitration often express concerns about the quality of legal reasoning in arbitration, even though conventional wisdom within the international community suggests that international arbitral awards reflect relatively robust reasoning that is often on a par with that of decisions rendered by commercial courts.  Why the […]

International Politics vs International Justice: No Room for Investor-State Arbitration?

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Anissa Achaibou Schoenherr Critics of the current investor-state arbitration regime may yet have their best days ahead of them. In the midst of tarnished FTA negotiations and in times of political uncertainty, they have captured a global audience. Their message is disconcerting: Investor-State Dispute Settlement (ISDS) is a system designed […]

Anticipated revision to Article 257 of the UAE Penal Code

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Sadaff Habib (Assistant Editor for Africa) Arbitrators have an overarching duty to act fairly and impartially. This is a fundamental aspect of arbitration that arises out of one of the key advantages of the arbitration process, that is, the parties’ abilities to select the tribunal or arbitrator. This duty is […]

Three Easy Pieces

This post channels 60% of Jack Nicholson but without the chicken salad sandwich. It describes three short pieces that you might want to use in courses or continuing education programs. Overcoming Roadblocks to Settlement The first is an article entitled Overcoming Roadblocks to Reaching Settlement in Family Law Cases published […]

George J. Siedel: Are Negotiators Subject To Liability For Using Their BATNA Power?

From George J. Seidel, Williamson Family Professor of Business Administration and Thurnau Professor of Business Law at the University of Michigan’s Ross School of Business: Many thanks to John Lande, Hiro Aragaki, and Sanda Kaufman for their recent posts that have clarified the meaning of “BATNA.”  BATNA is an important concept […]