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Agreements
Part 2: William Ury returns to discuss negotiating with difficult people . The co-author of Getting to Yes this week turns to practice pointers. Here’s what you need to do to get to your “Batna”—your “best alternative to a negotiated agreement.”
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The U.S. Supreme Court today reversed a Florida appeals court decision that the Court stated didn't follow Federal Arbitration Act caselaw by refusing...
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A Texas state appellate court vacated a $22 million arbitration award against six appellants--including law firms in San Antonio and Plano, Texas, as well as individual attorney defendants--after finding that the arbitrator and the appellee’s counsel were more than just mere acquaintances.
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A South Carolina U.S. District Court has found that state arbitration acts relating to the insurance industry can trump the Federal Arbitration Act.
In the case, the court held that the McCarran-Ferguson Act (15 U.S.C.A. § 1011 et seq.) allows the South Carolina Uniform Arbitration Act to "reverse preempt" the FAA.
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This article discusses the desirability of arbitrators’ to preserve the flexibility that characterizes international arbitration, but a minimum set of widely accepted guidelines is equally desirable, in order to preserve the predictability and attractiveness of arbitration.
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Will the Surpeme Court’s view that business may ban class arbitration lead to a wipeout of class actions generally?
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Associate Justice Stephen G. Breyer wrote in a dissent that today’s Supreme Court 5-4 opinion striking down the use of a California unconcionability law was a breach of basic federalism principles.
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In a high-profile federal court case, the Ninth Circuit has ruled that a mediated settlement agreement was enforceable, and refused to allow a party to oppose enforcement with evidence of mediation discussions. The case frames last year's Oscar-winning film "The Social Network."
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IDN Episode No. 99, featuring Gary Born, a partner and chairman of the International Arbitration Group at Wilmer Cutler Pickering Hale and Dorr in London, discussing a pledge that would make arbitration the default dispute resolution process in international commercial matters.
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The guest for the 2011's first podcast is Jurriaan Braat, a partner in Omni Bridgeway Holding BV, a privately held consulting firm in the Hague, Netherlands, that provides helpits in collecting foreign debt, including judgments, and foreign arbitration awards.
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