By Mikita Weaver In improving the International Centre for Settlement of Investment Disputes (ICSID), the following competing interests must be considered: need to promote efficiency, need to unify the diverse jurisprudence of international investments, and need to promote investments abroad. Jack Coe wrote the following: “Sustained momentum toward an award is also often countered by …
By Mikita Weaver Scholars and practitioners alike often seem up in arms about the “vanishing trial.” Most seem worried that this decline in litigation will ultimately destroy justice. Instead of achieving justice through a court system, conflicts are being resolved without the assistance of lawyers, judges, and–dare I say—lots of time, money, and resources! Many …
By Jasper Ozbirn Some people talk a lot. Others talk very little. You don’t have to ask someone that talks a lot a question in order to get them to talk. In fact, for some, all you have to do is walk within earshot. What many talkers don’t seem to know is that non-talkers can …
The classic definition of a mediator is one who, without decision-making authority, assists in the resolution of a dispute between two or more others, Mediation is everywhere; moms do it for their kids, kids do it for their friends, bosses do it for their workers, and so on. Have you tried to calm an argument …
Ron stared. The car was beautiful. All shiny black metal and gleaming chrome everywhere. Turning to the man beside him, whose name was Dave, He asked about the car. “Isn’t she lovely?” “Uh huh. How much?” ‘$26,000. ‘You gotta be kidding. Blue book is $23,000!” “Blue book for this car, in this condition, is $26,500.” …
Those who know the Mafia only through the media will probably have trouble believing that the Mob goes to great lengths to avoid violence. The “Docile Don,” Angelo [Bruno] hated violence and valued negotiation and peace above all. – George Fresolone and Robert J. Wagman, Blood Oath The Mob’s main instrument for resolving disputes is …
Mediation falls under the heading “alternative dispute resolution” (ADR). Alternative to what? Litigation, of course. Yet the courts now frequently require ADR as a pre-trial part of the litigation process. The co-opting of ADR into litigation has changed it. For example, arbitration has become more formal, lengthier, and costlier – so much so that corporate …
By Amy L. Lieberman, Esq. C- Level and senior executive conflicts are a different animal. Significant amounts of money and even entire businesses can be at stake. Personalities can be larger than life. Conflict at this level of any company requires both a pragmatic and diplomatic approach. Individual and even corporate reputations can be ravaged, …
By Ali Arif Introduction The Israeli-Palestinian Conflict is one of the longest running disputes in modern history. It is a very complex issue which can be traced back to ancient times. The issue can be analyzed from a geopolitical, religious, cultural, military, diplomatic as well as countless other angles. However, this paper will focus on …
By Scott C. Van Soye It’s after lunch, and Fred’s feeling pretty good as he sorts through today’s mail. Ah! There it is, Tom Smith’s response to Fred’s settlement offer in Ajax Accounting v. Johnston. It’s a solid offer, and Fred smiles as he thinks about the vacation he’s going to take during what are …