Promises, Promises: A Primer on UK Pleadings for American Litigators

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

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

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

Eleventh-hour mediations are a shame. Do it on the first hour.

To Do, or Not to Do: Mediator Views on the Merits

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)

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.