Many good faith negotiations can be sabotaged by parties using a variety of bad faith negotiation tactics, many of which are repeated all too often and can ultimately prevent a settlement. What are those tactics and what can be done to ameliorate the situation?
In an increasingly digital landscape, data security threats have become ubiquitous. Cyberattacks are becoming weapons of global economic warfare with cybercriminals increasingly targeting law firms in an attempt to access clients’ secrets and other sensitive non-public information. International arbitration is not immune.
In recent years, U.S. courts have increasingly tended not only to enforce mandatory arbitration agreements, but also to compel arbitration even in instances where one of the parties did not sign an agreement to arbitrate. The title of Robin Thicke’s 2013 megahit —“Blurred Lines”—provides an accurate description of what constitutes “consent” by a non-signatory in arbitration.
The “corruption defense,” as currently developed in international investment law, presents a number of difficulties that international investors and practitioners should keep in mind when considering their rights under international investment treaties and similar instruments.
The move away from the courts is based on efficiency rather than fairness. The lack of efficiency combined with the high cost of going to court, contribute, in in large measure, to the nation’s “disappearing” jury trials.