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Dispute Resolution and Arbitration

Selected Works

2008

Articles 1 - 6 of 6

Full-Text Articles in Law

Bits, Ippas, Trips And Icsid: Justice For Some, Alphabet Soup For All, Christopher Wadlow Oct 2008

Bits, Ippas, Trips And Icsid: Justice For Some, Alphabet Soup For All, Christopher Wadlow

Christopher Wadlow

Examines the possibility that ICSID (the International Centre for Settlement of Investment Disputes) might be a more favourable forum than the WTO for private party complaints of violations of the TRIPs Agreement, if the state conduct alleged to violate TRIPs amounted to expropriation or breach of the principle of fair and equitable treatment.

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Reporting On Palin: Negotiations In Political Theater, Erin Ryan Oct 2008

Reporting On Palin: Negotiations In Political Theater, Erin Ryan

Erin Ryan

This very short essay uses negotiation theory as a lens to analyze the McCain campaign's efforts to manipulate its media coverage during the 2008 presidential election. It offers a timely consideration of the troubling dynamic that can arise between the media and the campaigns that they cover, which often approximates a formal negotiation. The essay compares the campaign’s strategies for managing press coverage of its candidates to the well-researched techniques of competitive bargainers, including anchoring tactics, the scarcity effect, and psychological warfare. It reviews how reporters are uniquely hamstrung in coping with competitive bargaining tactics compared to ordinary negotiators, and …

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A Economia Da Arbitragem: Escolha Racional E Geração De Valor, Bruno Meyerhof Salama, Antonio Celso Pugliese May 2008

A Economia Da Arbitragem: Escolha Racional E Geração De Valor, Bruno Meyerhof Salama, Antonio Celso Pugliese

Bruno Meyerhof Salama

This article examines the institute of arbitration and its relationship with court activities from the perspective of transactions costs. Its objective is to show how arbitration can reduce the transactions costs in a certain normative environment and contribute to institutional improvement. The costs related to the use arbitration and court proceedings work like a price mechanism: the bigger the cost, the lower the demand (and vice-versa). The institute of arbitration can potentially engender a reduction of transactions costs because of (a) the relative quickness with which it is carried out, (b) the relative neutrality of arbiters, and (c) the specialization …

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"Judicial" Decision-Making In Australia – Critique And Redemption, John Wade Dec 2007

"Judicial" Decision-Making In Australia – Critique And Redemption, John Wade

John Wade

Extract:

This paper has four parts, namely a description of:

A. The Context ▪ Australia (the place) ▪ The vast landscape of “judicial” or quasi-judicial decision makers

B. The Commentary ▪ Repetitive critiques of judicial decision-making ▪ Redemption of judicial decision making

Plus an Appendix on Court Structures with details and diagrams.

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Tres Son Multitud: Tc Fija Nuevos Criterios Para El Otorgamiento De Pensiones Por Enfermedades De Trabajos De Riesgo, Óscar Súmar, Luis Alberto Chang Dec 2007

Tres Son Multitud: Tc Fija Nuevos Criterios Para El Otorgamiento De Pensiones Por Enfermedades De Trabajos De Riesgo, Óscar Súmar, Luis Alberto Chang

Oscar Súmar

No abstract provided.

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Examining The Dispute Resolution Section Pro Bono Mediation Project: Lessons Learned And A Plan For The Future, Sherrill W. Hayes Dec 2007

Examining The Dispute Resolution Section Pro Bono Mediation Project: Lessons Learned And A Plan For The Future, Sherrill W. Hayes

Sherrill W. Hayes

From its inception in the autumn of 2008, of the Dispute Resolution Section’s Pro-Bono Mediation Project represented the best type of collaboration between members of the Dispute Resolution Section and community organizations, one designed to improve the lives of the citizens of North Carolina through the use of alternative dispute resolution. Every option explored and decision made was done in the spirit of the 4ALL Campaign. Those involved have the leadership of the North Carolina Bar Association to thank for their vision and leadership in implementing such an innovative and needed project.

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