I’m wondering if anyone can point me to a specific example of duress being used successfully as the basis for avoiding an arbitration agreement. I’ve seen plenty of examples of cases in which it has been argued unsuccessfully. And I’ve seen examples of cases in which it was one of a laundry list of grievances, … Continue reading Duress as a basis for avoiding an arbitration agreement?
Andrew Daughety and Jennifer Reinganum, two economists from Vanderbilt, recently posted an article on SSRN titled, simply, “Settlement.” I don’t know how it works in the economics literature. In many areas of the law, insanely short article titles are typically reserved either for those who are unspeakably preeminent or who are the first to a … Continue reading What Economists Say to Each Other about Settlement
If “conflict resolution” happened in a forest, and nobody was around to facilitate it, would it still be “conflict resolution”? In an article in the most recent Conflict Resolution Quarterly, Patricia Orr, Kirk Emerson, and Dale Keyes report on the development of an evaluation framework for conflict resolution practice in environmental and natural resource disputes. … Continue reading Defining Environmental “Conflict Resolution”
In one of her blog entries following the Supreme Court’s Hall Street v Mattel decision, Sarah Cole wondered whether the restrictive reading of FAA s10 and s11 left any space for “manifest disregard” and any other judicially-created grounds for arbitral review. Sarah concluded, I think correctly, that manifest disregard appears safe. And as she points … Continue reading Hall Street v. Mattel and “Public Policy”
Shameless self-promotion alert! Earlier today, I posted my first draft of an article entitled The Four Ways to Assure Mediator Quality (and why none of them work) I gave a presentation by the same title at Harvard Law School’s Dispute Resolution Forum about six weeks ago, and this draft reflects much of the feedback I … Continue reading The Four Ways to Assure Mediator Quality (and why none of them work)
Jay Folberg, Executive Director of the JAMS Foundation, recently sent out an announcement about the JAMS-sponsored Weinstein International Fellowship and about the foundation’s call for proposals regarding conflict resolution training for school teachers. Unless I lose another battle with the technology underlying this blog, I will post the announcements below. I believe the information is … Continue reading JAMS Announces a Fellowship Opportunity and a Call for Proposals
In response to Sarah Cole’s initial posting on the Hall Street decision, ohwilleke wrote: The clearest purpose I can see for the ruling is an institutional perogative of the judicial branch which does not want to be compelled to provide a la carte justice on demand. What’s interesting about the hypothesis ohwilleke offers is that … Continue reading Hall Street & “a la carte justice on demand”
Richard Reuben kindly has agreed to permit us to post the contents of the presentation he gave at the AALS meeting in January 2008 entitled “Teaching Hard Bargaining in an Interest-Based Negotiation Course.” Richard’s basic premise is NOT that hard bargaining ought to supplant instruction in interest-based bargaining. Nor does he argue that hard bargaining … Continue reading “Teaching Hard Bargaining in an Interest-Based Negotiation Course”
Today, the Supreme Court granted cert in a FOURTH arbitration case. Many years have passed since the Court granted cert in this many arbitration cases. The case, Vaden v. Discover Bank, 07-0773, will answer an important question about federal courts’ jurisdiction over disputes subject to an arbitration agreement that do not raise a federal question … Continue reading A Fourth U.S. Supreme Court Arbitration Case This Year
Jean Sternlight at UNLV recently sent out an announcement that they have just posted webcasts of some of their recent “Peace in the Desert” lectures. http://www.law.unlv.edu/media_Events.html Among the speakers are: John Paul Lederach, Professor of International Peacebuilding, The Joan B. Kroc Institute for International Peacebuilding, University of Notre Dame: “The Moral Imagination: The Art and … Continue reading “Peace in the Desert” Lecture Series Webcasts Now Available
