
Articles
Promises, Promises: A Primer on UK Pleadings for American Litigators
June 21, 2022
Many accomplished American litigators find themselves “separated by a common language” when first exposed to UK legal proceedings, notably including arbitrations. The following is a brief primer to assist those who may well be more strangers in a strange land than they realize.
Strength in (Fewer) Numbers: The Inverse Relationship Between the Sizes of Negotiating Groups and Their Effectiveness
May 6, 2022
We have all seen it in movies, and many of us have experienced it in reality. One or two negotiators sit patiently in a conference room awaiting the other side, who are late. At long last they enter, and a large phalanx of principals and lawyers deliberately walks in …
Oy To The Vey: The Need For More Kibitzing In Mediation
March 30, 2022
Parties to mediations frequently become frustrated at the number and length of mediator-party caucuses. Some resign to them and make themselves busy …
Get There Faster: Early, Private Mediation is Always Better than the Alternatives
February 23, 2022
Eleventh-hour mediations are a shame. Do it on the first hour.
To Do, or Not to Do: Mediator Views on the Merits
February 22, 2022
A consistent question in the realm of mediations is whether the mediator should express views on the merits of a matter, or, in the extreme case, make a “mediator’s proposal.”
Hiding in Plain Sight: Why Halliburton Could Not Have Won (the Antecedent Coverage Arbitration)
February 21, 2022
The judgment of the Supreme Court of the United Kingdom in Halliburton v. Chubb has rightfully prompted worldwide commentary. What has received precious little attention, though, is the arbitral decision that preceded that judgment.
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