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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
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)
- 08 Nov 2018
- Working Paper Summaries
Arbitration with Uninformed Consumers
- November 1990
- Background Note
Fair Arbitration Rules
Krishna, Vijay. "Fair Arbitration Rules." Harvard Business School Background Note 191-100, November 1990.
- 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
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.)
- February 1987 (Revised February 1991)
- Case
American Arbitration Association and the FMCS: On Selecting Arbitrators
Krishna, Vijay. "American Arbitration Association and the FMCS: On Selecting Arbitrators." Harvard Business School Case 187-129, February 1987. (Revised February 1991.)
- January 1992
- Case
Broward - Computerm Arbitration
By: Paul A. Vatter
Vatter, Paul A. "Broward - Computerm Arbitration." Harvard Business School Case 892-012, January 1992.
- February 2018 (Revised May 2018)
- Case
Crescent Petroleum—Dana Gas: Negotiate, Mediate, Arbitrate
By: Kristin Fabbe, Sophus Reinert and Nathan Cisneros
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.)
- Research Summary
Political Risk, Foreign Intervention and International Arbitration
The Empire Trap: America's Attempts to Protect Property Rights Overseas, 1898-2008, is a history of the U.S. government's attempts to protect the property rights of American investors when they venture outside the boundaries of the United... View Details
- 1990
- Article
The Role of Arbitration Costs and Risk Aversion on Dispute Outcomes
By: H. S. Farber, M. A. Neale and M. H. Bazerman
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.
- 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
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.
- March 2003
- Article
An Economist Questions the Arbitration Award to Karaha Bodas Company in Indonesia
By: Louis T. Wells
Keywords: Indonesia
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.
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
Nanda, Ashish, and Scott D Landry. "Family Feud (B): Andersen versus Andersen." Harvard Business School Case 800-210, April 2000. (Revised July 2000.)
- 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. View Details
Badaracco, Joseph L., Jr. "IBM-Fujitsu Settlement." Harvard Business School Supplement 391-149, January 1991. (Revised January 1992.)
- 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
Nanda, Ashish, and Scot H. Landry. "Family Feud (A): Andersen v. Andersen." Harvard Business School Case 800-064, November 1999. (Revised February 2002.)
- 2021
- Case
Walmart's Blockchain Quest: Integrating New Technology into a Complex Supply Chain
By: Andrew J. Hoffman
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,... View Details
Hoffman, Andrew J. "Walmart's Blockchain Quest: Integrating New Technology into a Complex Supply Chain." William Davidson Institute Case 4-290-769, 2021.
- 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
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.
- 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... View Details
Keywords: Trade; Ethics; Intellectual Property; Law; Negotiation Process; Relationships; Software; Information Technology Industry
Badaracco, Joseph L., Jr. "IBM-Fujitsu Dispute." Harvard Business School Case 390-168, March 1990. (Revised October 1994.)
- 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
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
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
Wells, Louis T., Jr. "Protecting Foreign Investors." Harvard Business School Background Note 706-044, March 2006. (Revised November 2010.)