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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 […]

International Arbitration on Oil Stock Purchase Agreements, Prepaid Oil Agreements and Gas Projects within Latin America

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Alejandro E. Leáñez Rieber The need to attract foreign oil & gas investment due to the current low price in Latin American countries is creating an environment were once non-friendly arbitration jurisdictions are increasingly accepting international arbitration clauses for complex landmark deals. This trend is being used within Stock Purchase […]

NAFTA Renegotiations Present an Opportunity to Strengthen ISDS’ Public Policy Perspective

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Abdul Mouneimne Young ICCA Chapter 11: Where Investors Go to Complain NAFTA renegotiations began last year and, with attention once again on this 23-year old trade deal, critics are taking the opportunity to voice their concerns. U.S. President Trump has himself propounded, and indeed campaigned on, an abundance of criticism […]