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Publications
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- Faculty Publications (17)
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- 2021
- Case
Walmart's Blockchain Quest: Integrating New Technology into a Complex Supply Chain
Blockchain is a digital, distributed, immutable ledger designed to build trust among parties without requiring an independent, third-party arbitrator or intermediary. The technology has potential to improve a variety of industries, including the complex, fragmented,...
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- 2020
- Working Paper
Arbitration with Uninformed Consumers
By: Mark Egan, Gregor Matvos and Amit Seru
This paper studies the impact of the arbitrator selection process on consumer outcomes by examining roughly 9,000 consumer arbitration cases in the securities industry. Securities disputes present a good laboratory: arbitration is mandatory for all disputes,...
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- February 2018 (Revised May 2018)
- Case
Crescent Petroleum—Dana Gas: Negotiate, Mediate, Arbitrate
By: Kristin Fabbe, Sophus Reinert and Nathan Cisneros
- Article
How to Make the Other Side Play Fair: The Final-Offer Arbitration Challenge Gives Negotiators a Valuable New Tool
By: Max H. Bazerman and Daniel Kahneman
In legal disputes, contested insurance claims, and similarly adversarial negotiations, one party is likely to open with an inflated claim or a lowball offer. And if the other side’s position is unreasonable, it may make little sense to be reasonable yourself. But if...
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- Article
Avoiding the Costs of Negotiation: A Commentary on "Is Unilateralism Always Bad?"
Why, if an outcome is in the interests of both sides, should it not be negotiated rather than unilaterally imposed? This comment offers additional reasons to prefer negotiation (beyond those adduced in the original article) over unilateral action, even where such...
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- February 2012 (Revised August 2014)
- Case
Poles Apart on PZU (A)
By: Francesca Gino, Vincent Dessain, Karol Misztal and Michael Khayyat
In October 2008, Andrzej Klesyk, CEO of Poland's largest insurer PZU, reflected on possible ways of resolving a decade-long cross-border shareholder conflict at his company. Owned 55% by the Polish State Treasury and 33% by the Dutch insurer Eureko as of October 2008,...
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- 2010
- Chapter
Backlash to Arbitration: Three Causes
By: Louis T. Wells
There are at least three reasons for the current backlash among developing countries against the international regime that governs disputes between foreign investors and host governments. First is the inconsistency of the decisions rendered by arbitration panels... View Details
- Article
Czech Mate: Expropriation and Investor Protection in a Converging World
By: Mihir A. Desai and Alberto Moel
This paper examines the expropriation of a foreign investor by a local partner and the subsequent resolution of that case through international arbitration in favor of the investor. Despite the investor's 99% interest in joint venture, the local partner managed to...
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- March 2006 (Revised November 2010)
- Background Note
Protecting Foreign Investors
Describes the emergence of several kinds of efforts to assure the safety of foreign investment in emerging markets: international arbitration, expanded official political risk insurance, credit from government agencies, and intervention by investors' home governments....
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- March 2005 (Revised June 2005)
- Background Note
Arbitration between Foreign Investors and Host Governments
By: Louis T. Wells Jr. and Regina Garcia-Cuellar
Explains the emergence of international arbitration as an option for foreign investors with disputes with governments of emerging markets. Presents issues about whether arbitration will remain acceptable to countries and governments.
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- March 2003
- Article
An Economist Questions the Arbitration Award to Karaha Bodas Company in Indonesia
By: Louis T. Wells
Keywords:
Indonesia
- April 2000 (Revised July 2000)
- Case
Family Feud (B): Andersen versus Andersen
By: Ashish Nanda
Arbitration proceedings have been initiated between Andersen Consulting and Arthur Andersen. The case details developments during 1999 and 2000, as the arbitration nears a decision.
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- November 1999 (Revised February 2002)
- Case
Family Feud (A): Andersen v. Andersen
By: Ashish Nanda and Scot H. Landry
Traces the history and development of consulting within Andersen and the history of the schism between Arthur Andersen and Andersen Consulting. Ends with the two units seeking external arbitration of their dispute.
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- January 1991 (Revised January 1992)
- Supplement
IBM-Fujitsu Settlement
Describes the decision by the arbitrators chosen to resolve the intellectual property dispute between IBM and Fujitsu.
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- March 1990 (Revised October 1994)
- Case
IBM-Fujitsu Dispute
Describes a dispute between IBM and Fujitsu over allegations that Fujitsu stole proprietary IBM software for controlling mainframe computers. Also describes a novel arbitration agreement intended to resolve the dispute, an overview of intellectual property law in the...
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- 1990
- Article
The Role of Arbitration Costs and Risk Aversion on Dispute Outcomes
By: H. S. Farber, M. A. Neale and M. H. Bazerman