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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... View Details
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
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.)
- 06 Sep 2016
- First Look
September 6, 2016
Final-Offer Arbitration Challenge Gives Negotiators a Valuable New Tool By: Bazerman, Max H., and Daniel Kahneman Abstract—In legal disputes, contested insurance claims, and similarly adversarial negotiations, one party is likely to open... View Details
Keywords: Carmen Nobel
- March 2025
- Article
Is Personal Identity Intransitive?
By: J. De Freitas and L. J. Rips
There has been a call for a potentially revolutionary change to our existing understanding of the psychological concept of personal identity. Apparently, people can psychologically represent people, including themselves, as multiple individuals at the same time. Here... View Details
De Freitas, J., and L. J. Rips. "Is Personal Identity Intransitive?" Journal of Experimental Psychology: General 154, no. 3 (March 2025): 775–786.
- 29 Jul 2014
- Working Paper Summaries
Learning from the Kursk Submarine Rescue Failure: The Case for Pluralistic Risk Management
Keywords: by Anette Mikes & Amram Migdal
- 12 Aug 2020
- Research & Ideas
Why Investors Often Lose When They Sue Their Financial Adviser
and jury, consumers must bring their grievances to an expert panel that’s more likely to take the brokerage’s side, reducing consumer awards by $40,000 on average, says HBS research. “Unlike judges, arbitrators aren’t randomly assigned,”... View Details
- 04 Feb 2002
- Research & Ideas
How To Do Business in Islamic Countries
foreign arbitration awards. "It's very important to watch how fast Saudi Arabia moves toward WTO membership. It will have a great deal to do with the political stability of the country, its dealing with the challenges of the... View Details
Keywords: by Martha Lagace
- 03 Dec 2020
- Research & Ideas
Cut Payroll Costs with Transparency, Fairness, and Compassion
employment-related rights such as arbitration but cannot do any work for their employer. If the no-work rule is violated, the employee must be paid. Furloughs often have a specified end date that can be adjusted as the economic outlook... View Details
Keywords: by Boris Groysberg and Sarah Abbott
- 30 Oct 2018
- First Look
New Research and Ideas, October 30, 2018
as a complement to existing theory-creating methods, such as multiple-case inductive studies, as well as traditional methods of causal inference. Download working paper: https://www.hbs.edu/faculty/Pages/item.aspx?num=55043 Arbitration... View Details
Keywords: Dina Gerdeman
- 14 Jul 2009
- First Look
First Look: July 14
governs disputes between foreign investors and host governments. First is the inconsistency of the decisions rendered by arbitration panels established under bilateral investment treaties, investment provisions of regional trade... View Details
Keywords: Martha Lagace
- 05 Mar 2007
- Research & Ideas
Risky Business? Protecting Foreign Investments
demand reimbursement from the poor. And they have fought arbitration decisions that they believe have not take into account the one-sided nature of deals, underlying corruption, and the impact of economic crises. Q: What are some of the... View Details
- 01 Dec 2015
- Research & Ideas
What to Do When Your Organization Has Dueling Missions
conflicts single-handedly, arbitrating disputes as they arose. “These ad hoc interventions allowed him to temporarily relieve tensions and provided fixes to immediate issues,” the researchers explain in the paper. “However, they did not... View Details
Keywords: by Carmen Nobel
- 10 Sep 2001
- Research & Ideas
The Negotiator’s Secret: More Than Merely Effective
confrontational approach in its recent struggle with the U.S. Department of Justice. The company certainly appeared overoptimistic about its chances in court. Similarly, Arthur Andersen likely exhibited overconfidence in its arbitration... View Details
Keywords: by James K. Sebenius
- 09 Sep 2024
- HBS Case
McDonald’s and the Post #MeToo Rules of Sex in the Workplace
legislation ending forced arbitration of sexual harassment claims, previously a common practice at many companies. Now, victims can choose whether to take their claims to arbitration or to court, raising the... View Details
- 03 Apr 2012
- First Look
First Look: April 3
Several rounds of negotiations and international arbitration failed to resolve the conflict, leading to a progressive breach of trust. Was there anything Klesyk could do to break this international and multilateral stalemate? Purchase... View Details
Keywords: Carmen Nobel
- 19 Jun 2018
- First Look
New Research and Ideas, June 19, 2018
case:https://hbsp.harvard.edu/product/518056-PDF-ENG Harvard Business School Case 718-052 Crescent Petroleum—Dana Gas: Negotiate, Mediate, Arbitrate No abstract available. Purchase this case:https://hbsp.harvard.edu/product/718052-PDF-ENG... View Details
Keywords: Dina Gerdeman
- 17 Dec 2013
- First Look
First Look: December 17
expropriated American investments, but in almost every case the U.S. government's employment of economic sanctions or covert action obtained market value or more in compensation-despite the growing strategic risks. The advent of institutions focusing on international... View Details
Keywords: Carmen Nobel
- 19 Jun 2007
- First Look
First Look: June 19, 2007
Points out the roles of bilateral investment treaties and regional economic agreements in making arbitration accessible to an increasing number of foreign investors. Views the various arrangements as substitutes for a global agreement on... View Details
Keywords: Martha Lagace