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    • All HBS Web  (46)
      • Faculty Publications  (16)

      Arbitration Remove Arbitration →

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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,...  View Details
      Keywords: Arbitration; Financial Advisers; Financial Advisors; Brokers; Consumer Finance; Financial Misconduct; Fraud; Personal Finance; Conflict and Resolution; Information; Fairness
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      Egan, Mark, Gregor Matvos, and Amit Seru. "Arbitration with Uninformed Consumers." Harvard Business School Working Paper, No. 19-046, October 2018. (Revise and Resubmit at the Review of Economic Studies. Revised May 2020. NBER Working Paper Series, No. 25150, October 2018)
      • February 2018 (Revised May 2018)
      • Case

      Crescent Petroleum—Dana Gas: Negotiate, Mediate, Arbitrate

      By: Kristin Fabbe, Sophus Reinert and Nathan Cisneros
      Keywords: Oil & Gas; Iraq; Middle East
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      Fabbe, Kristin, Sophus Reinert, and Nathan Cisneros. "Crescent Petroleum—Dana Gas: Negotiate, Mediate, Arbitrate." Harvard Business School Case 718-052, February 2018. (Revised May 2018.)
      • 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...  View Details
      Keywords: Negotiation Tactics; Negotiation Offer
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      Bazerman, Max H., and Daniel Kahneman. "How to Make the Other Side Play Fair: The Final-Offer Arbitration Challenge Gives Negotiators a Valuable New Tool." Harvard Business Review 94, no. 9 (September 2016): 76–81.
      • Article

      Avoiding the Costs of Negotiation: A Commentary on "Is Unilateralism Always Bad?"

      By: James K. Sebenius
      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...  View Details
      Keywords: Negotiation; Bargaining; Middle East; Israel; Palestinians; Israel; Palestinian state
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      Sebenius, James K. Avoiding the Costs of Negotiation: A Commentary on "Is Unilateralism Always Bad?". Negotiation Journal 30, no. 2 (April 2014): 165–168.
      • 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,...  View Details
      Keywords: Negotiation; Trust; Conflict and Resolution; Business and Shareholder Relations; Poland
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      Gino, Francesca, Vincent Dessain, Karol Misztal, and Michael Khayyat. "Poles Apart on PZU (A)." Harvard Business School Case 912-013, February 2012. (Revised August 2014.)
      • 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

      Keywords: Developing Countries and Economies; International Finance; Foreign Direct Investment; Agreements and Arrangements; Business and Government Relations; Conflict Management
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      Wells, Louis T. "Backlash to Arbitration: Three Causes." Chap. 14 in The Backlash Against Investment Arbitration: Perceptions and Reality, edited by Michael Waibel, Asha Kaushal, Kyo-Hwa Chung, and Claire Balchin, 341–352. Alphen aan den Rijn, Netherlands: Kluwer Law International, 2010.
      • 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...  View Details
      Keywords: Joint Ventures; Capital Markets; Foreign Direct Investment; Geographic Location; Multinational Firms and Management; Governance Controls; Courts and Trials; Rights; Czech Republic; United States
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      Desai, Mihir A., and Alberto Moel. "Czech Mate: Expropriation and Investor Protection in a Converging World." Review of Finance 12, no. 1 (2008): 221–251. (This paper is a revised version of ECGI Working Paper No. 62/2004.)
      • March 2006 (Revised November 2010)
      • Background Note

      Protecting Foreign Investors

      By: Louis T. Wells Jr.
      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....  View Details
      Keywords: Foreign Direct Investment; Risk Management; Emerging Markets; Agreements and Arrangements; Business and Government Relations; Safety
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      Wells, Louis T., Jr. "Protecting Foreign Investors." Harvard Business School Background Note 706-044, March 2006. (Revised November 2010.)
      • 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.  View Details
      Keywords: Conflict and Resolution; Foreign Direct Investment; Globalized Markets and Industries; Emerging Markets; Government and Politics
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      Wells, Louis T., Jr., and Regina Garcia-Cuellar. "Arbitration between Foreign Investors and Host Governments." Harvard Business School Background Note 705-035, March 2005. (Revised June 2005.)
      • March 2003
      • Article

      An Economist Questions the Arbitration Award to Karaha Bodas Company in Indonesia

      By: Louis T. Wells
      Keywords: Indonesia
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      Wells, Louis T. "An Economist Questions the Arbitration Award to Karaha Bodas Company in Indonesia." Oil, Gas & Energy Law 1, no. 2 (March 2003): 47 – 57.
      • 2003
      • Article

      Double Dipping in Arbitration Awards? An Economist Questions Damages Awarded to Karaha Bodas Company in Indonesia

      By: L. T. Wells Jr.
      Keywords: Economics; Law; Indonesia
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      Wells, L. T., Jr. "Double Dipping in Arbitration Awards? An Economist Questions Damages Awarded to Karaha Bodas Company in Indonesia." Arbitration International 19, no. 4 (2003): 471–481.
      • 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.  View Details
      Keywords: Business Exit or Shutdown; Service Industry; Consulting Industry; United States
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      Nanda, Ashish, and Scott D Landry. "Family Feud (B): Andersen versus Andersen." Harvard Business School Case 800-210, April 2000. (Revised July 2000.)
      • 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.  View Details
      Keywords: Organizational Design; Corporate Governance; Conflict and Resolution; Consulting Industry
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      Nanda, Ashish, and Scot H. Landry. "Family Feud (A): Andersen v. Andersen." Harvard Business School Case 800-064, November 1999. (Revised February 2002.)
      • January 1991 (Revised January 1992)
      • Supplement

      IBM-Fujitsu Settlement

      By: Joseph L. Badaracco Jr.
      Describes the decision by the arbitrators chosen to resolve the intellectual property dispute between IBM and Fujitsu.  View Details
      Keywords: Decisions; Intellectual Property; Business or Company Management; Conflict Management
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      Badaracco, Joseph L., Jr. "IBM-Fujitsu Settlement." Harvard Business School Supplement 391-149, January 1991. (Revised January 1992.)
      • March 1990 (Revised October 1994)
      • Case

      IBM-Fujitsu Dispute

      By: Joseph L. Badaracco Jr.
      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...  View Details
      Keywords: Trade; Ethics; Intellectual Property; Law; Negotiation Process; Relationships; Software; Information Technology Industry
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      Badaracco, Joseph L., Jr. "IBM-Fujitsu Dispute." Harvard Business School Case 390-168, March 1990. (Revised October 1994.)
      • 1990
      • Article

      The Role of Arbitration Costs and Risk Aversion on Dispute Outcomes

      By: H. S. Farber, M. A. Neale and M. H. Bazerman
      Keywords: Cost; Risk and Uncertainty; Outcome or Result
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      Farber, H. S., M. A. Neale, and M. H. Bazerman. "The Role of Arbitration Costs and Risk Aversion on Dispute Outcomes." Industrial Relations 29 (1990): 361–384.
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