The California Supreme Court yesterday created a judicial exception to the categorical U.S. Supreme Court Hall Street Associates ruling that said that the Federal Arbitration Act won’t allow judicial review, following a loophole the nation's top court suggested might exist in its March opinion. Cable Connection Inc., et al., v. DirectTV Inc., No. S147767 (Aug. 25, 2008) available here).
[Read the rest of this article...]
The CPR Institute announces the recipients of the organization’s 2008 Corporate Leadership Award. This year’s honorees are Microsoft Corporation’s Legal and Corporate Affairs Department and Brad Smith, Senior Vice President, General Counsel, and Corporate Secretary.
Australian mediator John Wade returns to IDN to discuss mediation strategies to get around the hard bargainers, the obstructionists, the stone-wallers, and the naysayers.
Clark Freshman, of the Paul Ekman Group and Hastings College of Law, discusses how to identify the emotions behind negotiators statements.
Non- or self-administered arbitration is not new, with the UNCITRAL Arbitration Rules promulgated by the United Nations Commission on International Trade Law (www.uncitral.org) in 1977 being the best known of the so-called ad hoc rules. Nevertheless, questions about the use of nonadministered rules still abound. This article surveys the top ten questions received on this topic by the International Institute for Conflict Prevention and Resolution (“CPR”), a leading non-profit advocate of the non-administered approach.
Click here to view all ADR articles.