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July 03, 2010
Birthday No. 234: But is America still in its Terrible Twos?
Posted by JD Hull at 11:59 PM | Comments (0)
The Economist: Even Ancient Sumo Needs a Good Cleaning.
Gambling with an old, multi-layered and heavyweight sport. See "Japan's Sumo Scandal: Caught Off-Balance". Exceprt:
The scandal says a lot about modern Japan, a country undergoing a sweeping transition from informal, implicit rules to formal, explicit ones. Institutions long closed to public scrutiny are becoming more accountable.
Posted by Holden Oliver (Kitzbühel Desk) at 01:50 PM | Comments (0)
June 30, 2010
IDN Interview 90: Better Global Commercial Arbitration.
Ways to make arbitration finally make sense. The podcast interview is here. GE's Mike McIlwrath interviews Pepperdine Law School's Tom Stipanowich on protocols to improve commercial arbitration. And see Stipanowich's article "Arbitration: The New Litigation" (2010 U. Ill. L. Rev. 1).
McIlwrath: Toward sane global ADR.
Posted by Holden Oliver (Kitzbühel Desk) at 08:07 PM | Comments (0)
The post-Soviet Russia spy novel: Eric O'Neill on "The Ten"
Good morning, American workers. George Stephanopoulos interviews O'Neill on yesterday's Good Morning America.
Posted by JD Hull at 12:34 PM | Comments (1)
June 27, 2010
The $10 Million Business-to-Business Contract: 1 or 3 Arbitrators?
So what's the answer for the "small" ones? How many arbitrators do you need to hear and decide a business-to-business cross-border dispute (moderate value and difficulty)? Assume it will be heard in Western Europe or the U.S.
One arbitrator or three?
What do most parties generally prefer? Why do they lean that way? And, even while litigants widely believe that one arbitrator can both cut costs and increase speed, what is the best "default" practice in the abstract?
Should "size"--the overall monetary value of the dispute--always drive the parties' decision of the number of arbitrators used?
Two months ago GE's Mike McIlwrath interviewed Jennifer Kirby, now with Herbert Smith LLP - Paris
Finally, are company executives--those who after all pay the salaries and fees of in-house counsel and outside law firms--likely to see this issue differently than the lawyers they employ?
Set aside 15 minutes and hear interview No. 88 in the CPR Institute's International Dispute Negotiation series. In April, Italy-based Mike McIlwrath, an in-house lawyer with GE Oil & Gas, interviewed Jennifer Kirby, a Paris partner of London's Herbert Smith.
Between 2002 and 2005, Kirby served as Counsel and eventually Deputy Secretary General of the ICC's Court of International Arbitration in Paris, where she supervised or formally evaluated countless cross-border arbitrations, involving parties and professionals from over 100 jurisdictions. The ICC court has been receiving and managing private commercial disputes to final awards since 1923.
Posted by Holden Oliver (Kitzbühel Desk) at 12:59 AM | Comments (0)