Publications
Publications
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- All HBS Web
(109)
- Faculty Publications (48)
- 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
- 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
- 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
- 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
- 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
- April 2004 (Revised July 2008)
- Case
Showdown on the Waterfront: The West Coast Port Dispute (A)
By: Kathleen L. McGinn and Dina R. Pradel
New technology underlies a protracted dispute between West Coast longshoremen and their employers. Severe economic consequences lead to government intervention in the dispute. View Details
- April 2004 (Revised July 2008)
- Case
Showdown on the Waterfront: The West Coast Port Dispute (B)
By: Kathleen L. McGinn and Dina R. Pradel
New technology underlies a protracted dispute between West Coast longshoremen and their employers. Severe economic consequences lead to government intervention in the dispute. View Details
- September 2002
- Background Note
Note on WTO Disputes: Five Major Cases
By: David A. Moss and Nick Bartlett
Summarizes five major trade disputes before the World Trade Organization (WTO): (1) the Brazil-Canada aircraft dispute, (2) the European Union/United States foreign sales corporation dispute, (3) the Asian/United States shrimp and sea turtle dispute, (4) the United... View Details
Keywords: Trade; Conflict Management; Negotiation; Brazil; Canada; European Union; Asia; United States
- December 2001
- Case
Cybersettle
By: Michael A. Wheeler and Gillian Morris
Cybersettle's management faced a dilemma: How could they turn their company, which provided confidential online settlement services for insurance claims, into a profitable enterprise? Having started during the heady days of Internet "dot-com fever," the company now had... View Details
- June 2001
- Case
GE's Early Dispute Resolution Initiative (A)
By: Michael A. Wheeler and Gillian Morris
GE's chief litigation counsel sought to rationalize litigation flow by viewing it as a manufacturing process. By applying the principles of Six Sigma, P.D. Villareal created an Early Dispute Resolution (EDR) system that enabled both lawyers and managers to work... View Details
- June 2001
- Supplement
GE's Early Dispute Resolution Initiative (B)
By: Michael A. Wheeler and Gillian Morris
Early Dispute Resolution (EDR) has proved successful at GE. Yet, when Michael McIlwrath, new counsel at an Italian subsidiary, attempted to translate it to his company, problems arose. He had to gain internal acceptance, and explain the concept of early mediation to a... View Details
- November 2000
- Exercise
Atlantis-Biovent Negotiation: Confidential Instructions for Atlantis
This two-party exercise illustrates bidding strategy in the context of settling a large insurance claim. Specifically, the claimant (Biovent) and the insurer (Atlantis) are asked to submit confidential offers to a dispute resolution Web site that will determine whether... View Details
- November 2000
- Exercise
Atlantis-Biovent Negotiation: Confidential Instructions for Biovent
This two-party exercise illustrates bidding strategy in the context of settling a large insurance claim. Specifically, the claimant (Biovent) and the insurer (Atlantis) are asked to submit confidential offers to a dispute resolution website that will determine whether... View Details
- August 2000 (Revised December 2014)
- Background Note
Negotiation Analysis: An Introduction
Provides an overview of the seven elements of negotiation analysis. These elements include BATNAs (nonagreement walk-aways), parties, interests, value-creation, barriers to agreements, power, and ethics. Illustrations are drawn from a range of contexts (from buying a... View Details
- 1997
- Chapter
Fairness, Justification, and Dispute Resolution
By: K. A. Diekmann, A. E. Tenbrunsel and M. H. Bazerman