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- Faculty Publications (110)
Disputes
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- March 14, 2011
- Article
Mistaking Mistrust for Greed: How to Solve the NFL Dispute
By: Deepak Malhotra
- Article
Shadow of the Contract: How Contract Structure Shapes Inter-Firm Dispute Resolution
By: Fabrice Lumineau and Deepak Malhotra
This paper investigates how contract structure influences inter-firm dispute resolution processes and outcomes by examining a unique dataset consisting of over 150,000 pages of documents relating to 102 business disputes. We find that the level of contractual detail... View Details
- October 2010
- Article
Preferring Balanced vs. Advantageous Peace Agreements: A Study of Israeli Attitudes Towards a Two-State Solution
By: Deepak Malhotra and Jeremy Ginges
The paper extends research on fixed-pie perceptions by suggesting that disputants may prefer proposals that are perceived to be equally attractive to both parties (i.e., balanced) rather than one-sided, because balanced agreements are seen as more likely to be... View Details
- September 2010 (Revised October 2010)
- Background Note
Note on International Trade Finance
By: C. Fritz Foley, Matthew Johnson and David Lane
This note provides an introduction to the financing terms and payment arrangements that support international trade. It describes the principal instruments of trade finance, the limited evidence on their relative use, and the international trade dispute resolution... View Details
- June 2010
- Article
Change for Change's Sake
By: Freek Vermeulen, Phanish Puranam and Ranjay Gulati
No one disputes that firms have to make organizational changes when the business environment demands them. But the idea that a firm might want change for its own sake often provokes skepticism. Why inflict all that pain if you don't have to? That is a dangerous... View Details
- March 2010
- Supplement
Whose Money Is It Anyway? (C)
By: V.G. Narayanan, Richard G. Hamermesh and Rachel Gordon
The case describes how the Brigham and Women's Physicians Organization and its corporate parent resolved the issue of how the disputed funds would be distributed and used. View Details
- 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
- October 2009
- Supplement
ADR Choices Video (Alternative Dispute Resolution Vignettes)
By: James K. Sebenius and Michael A. Wheeler
Keywords: Media
- August 2009 (Revised June 2011)
- Case
Kansas City Zephyrs Baseball Club, Inc. 2006
This case centers around a dispute between the owners and the players regarding the profitability of professional baseball teams in connection with the negotiations for a new collective bargaining agreement. The case describes the financial statements of the baseball... View Details
- June 2009 (Revised August 2014)
- Teaching Note
Negotiating on Thin Ice: The 2004-2005 NHL Dispute (TN) (A) & (B)
By: Deepak Malhotra
Teaching Note for [906038] and [906039]. View Details
Keywords: Sports Industry
- January 2009 (Revised June 2014)
- Case
CityCenter (A): Vision and Design
By: A. Eugene Kohn, John D. Macomber and Ben Creo
CityCenter is a $9 billion project for MGM MIRAGE. The project's star architects have a major disagreement about a critical design issue. Bill Smith, head of the MGM MIRAGE Design Group, must resolve this issue to the satisfaction of all the project's stakeholders.... View Details
- June 2008
- Teaching Note
Showdown on the Waterfront: The West Coast Port Dispute (TN) (A) & (B)
By: Kathleen L. McGinn, Dina R. Witter Pradel and Cailin B. Hammer
Teaching Note for [904045] and [904067]. View Details
- April 2008 (Revised August 2008)
- Supplement
AT&T v. Microsoft (B): District Court Ruling and Appeal
By: Willy C. Shih
The (B) case follows the course of Microsoft's settlement with AT&T, and its appeal in the issue of foreign replicated software that eventually goes to the U.S. Supreme Court. It is intended for follow-up the discussion of the (A) case with what happened, examining a... View Details
- March 2008 (Revised June 2012)
- Background Note
ADR Choices
By: Michael Wheeler, James Sebenius and Marjorie Aaron
Six different business disputes, all in the shadow of pending litigation, are described. Students are asked to recommend the appropriate method of dispute resolution (mediation, arbitration, mini-trial, etc.) for each one, depending on the circumstances, especially to... View Details
- December 2007
- Article
Private Power in Indonesia
By: Louis T. Wells
The Asian Currency Crisis led to the collapse of agreements Indonesia had negotiated for private electric power only a few years earlier. The ensuing struggle meant bad publicity and several hundred million dollars in costs for Indonesia. As Indonesia in 2007 was... View Details
- February 2006 (Revised March 2006)
- Case
Negotiating on Thin Ice: The 2004-2005 NHL Dispute (A)
By: Deepak Malhotra and Maly Hout
On September 15, 2004, the existing collective bargaining agreement (CBA) between the National Hockey League (NHL) and the National Hockey League Players' Association (NHLPA) expired. Because the two sides had failed to negotiate a new CBA by that date, NHL... View Details
- February 2006 (Revised March 2006)
- Supplement
Negotiating on Thin Ice: The 2004-2005 NHL Dispute (B)
By: Deepak Malhotra and Maly Hout
- April 2005
- Article
Compensation Schemes and Dispute Resolution Mechanisms: Beyond the Obvious
By: James Sebenius, Ehud Eiran, Kenneth Feinberg, Michael Cernea and Francis McGovern
- March 2005 (Revised August 2007)
- Case
Aguas Argentinas: Settling a Dispute
By: Louis T. Wells Jr. and Alexandra de Royere
The French-owned Aguas Argentinas faces a demand from the Argentine government that it renegotiate its concession to operate the Buenos Aires water and sewage services. The company must decide whether to continue with efforts to settle on a new contract or to exercise... View Details
- 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