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      • 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.)
      • 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
      Keywords: Economics; Negotiation Process; Business and Government Relations; Labor and Management Relations; Conflict and Resolution; Shipping Industry; Western United States
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      McGinn, Kathleen L., and Dina R. Pradel. "Showdown on the Waterfront: The West Coast Port Dispute (A)." Harvard Business School Case 904-045, April 2004. (Revised July 2008.)
      • 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
      Keywords: Economics; Negotiation Process; Business and Government Relations; Labor and Management Relations; Conflict and Resolution; Shipping Industry; Western United States
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      McGinn, Kathleen L., and Dina R. Pradel. "Showdown on the Waterfront: The West Coast Port Dispute (B)." Harvard Business School Case 904-067, April 2004. (Revised July 2008.)
      • December 2003 (Revised October 2005)
      • Case

      High-Definition TV: The Grand Alliance

      By: Thomas R. Eisenmann
      Describes political and economic forces that influenced the development of an all-digital, high-definition television (HDTV) standard in the United States between 1986 and 1996. Outlines the stakes for various government and industry participants in the... View Details
      Keywords: Decision Choices and Conditions; Investment; Policy; Management Practices and Processes; Emerging Markets; Standards; Business and Government Relations; Networks; Research and Development; Technology Adoption; Entertainment and Recreation Industry; Technology Industry; Japan; Europe; United States
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      Eisenmann, Thomas R. "High-Definition TV: The Grand Alliance." Harvard Business School Case 804-103, December 2003. (Revised October 2005.)
      • February 2003 (Revised May 2003)
      • Case

      Bombardier: Canada versus Brazil at the WTO

      By: Rawi E. Abdelal, Laura Alfaro and Brett Laschinger
      In less than a decade, Bombardier had grown from a medium-size Canadian company to a highly profitable global player largely on the strength of the introduction of a new generation of regional jet and successfully marketing its product to airlines around the world.... View Details
      Keywords: Trade; Global Strategy; Five Forces Framework; Marketing Strategy; Product Launch; Business and Government Relations; Situation or Environment; Competition; Air Transportation Industry; Canada; Brazil
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      Abdelal, Rawi E., Laura Alfaro, and Brett Laschinger. "Bombardier: Canada versus Brazil at the WTO." Harvard Business School Case 703-022, February 2003. (Revised May 2003.)
      • October 2002 (Revised February 2006)
      • Case

      Codex Alimentarius and Food Labeling

      By: Ray A. Goldberg and Hal Hogan
      Codex Alimentarius is a set of international food standards devised by the Codex Commission, a body within the United Nations jointly sponsored by the FAO and WHO. The purpose of the standards is to harmonize global trade in food products and agricultural commodities,... View Details
      Keywords: Standards; Trade; Agreements and Arrangements; Food; Agribusiness; Governing Rules, Regulations, and Reforms; Globalization; Health; Food and Beverage Industry; Agriculture and Agribusiness Industry
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      Goldberg, Ray A., and Hal Hogan. "Codex Alimentarius and Food Labeling." Harvard Business School Case 903-417, October 2002. (Revised February 2006.)
      • 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
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      Moss, David A., and Nick Bartlett. "Note on WTO Disputes: Five Major Cases." Harvard Business School Background Note 703-016, September 2002.
      • December 2001 (Revised April 2003)
      • Case

      Poland's A2 Motorway

      By: Benjamin C. Esty and Michael Kane
      Autostrada Wielkopolska S.A. (AWSA) is a consortium of 18 firms that won a concession to build and operate Poland's first private toll road. In June 2000, AWSA's chief financial officer, Wojciech Gebicki, is preparing for a meeting with the projects' lead bankers to... View Details
      Keywords: Risk Management; Cost vs Benefits; Project Finance; Projects; Construction Industry; Transportation Industry; Poland
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      Esty, Benjamin C., and Michael Kane. "Poland's A2 Motorway." Harvard Business School Case 202-030, December 2001. (Revised April 2003.)
      • 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
      Keywords: Restructuring; Bids and Bidding; Negotiation Process; Conflict and Resolution; Business Strategy; Commercialization; Internet; Insurance Industry
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      Wheeler, Michael A., and Gillian Morris. "Cybersettle." Harvard Business School Case 902-158, December 2001.
      • 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
      Keywords: Corporate Governance; Governing Rules, Regulations, and Reforms; Lawsuits and Litigation; Six Sigma; Organizational Change and Adaptation; Problems and Challenges; Conflict and Resolution; Energy Industry; Technology Industry; United States
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      Wheeler, Michael A., and Gillian Morris. "GE's Early Dispute Resolution Initiative (A)." Harvard Business School Case 801-395, June 2001.
      • 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
      Keywords: Business Subsidiaries; Globalization; Lawsuits and Litigation; Organizational Culture; Performance Effectiveness; Problems and Challenges; Conflict of Interests; Complexity; Italy; New York (state, US)
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      Wheeler, Michael A., and Gillian Morris. "GE's Early Dispute Resolution Initiative (B)." Harvard Business School Supplement 801-453, June 2001.
      • November 2000
      • Exercise

      Atlantis-Biovent Negotiation: Confidential Instructions for Atlantis

      By: Michael A. Wheeler
      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
      Keywords: Insurance; Bids and Bidding; Digital Platforms; Negotiation Process; Conflict and Resolution; Strategy; Internet and the Web
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      Wheeler, Michael A. "Atlantis-Biovent Negotiation: Confidential Instructions for Atlantis." Harvard Business School Exercise 801-262, November 2000.
      • November 2000
      • Exercise

      Atlantis-Biovent Negotiation: Confidential Instructions for Biovent

      By: Michael A. Wheeler
      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
      Keywords: Insurance; Bids and Bidding; Emerging Markets; Agreements and Arrangements; Conflict of Interests; Strategy; Web Sites
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      Wheeler, Michael A. "Atlantis-Biovent Negotiation: Confidential Instructions for Biovent." Harvard Business School Exercise 801-263, November 2000.
      • August 2000 (Revised December 2014)
      • Background Note

      Negotiation Analysis: An Introduction

      By: Michael A. Wheeler
      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
      Keywords: Framework; Negotiation Tactics; Negotiation Preparation
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      Wheeler, Michael A. "Negotiation Analysis: An Introduction." Harvard Business School Background Note 801-156, August 2000. (Revised December 2014.)
      • 1997
      • Chapter

      Fairness, Justification, and Dispute Resolution

      By: K. A. Diekmann, A. E. Tenbrunsel and M. H. Bazerman
      Keywords: Fairness; Conflict and Resolution
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      Diekmann, K. A., A. E. Tenbrunsel, and M. H. Bazerman. "Fairness, Justification, and Dispute Resolution." In Workplace Dispute Resolution: Directions for the 21st Century, edited by S. Gleason. East Lansing, MI: Michigan State University Press, 1997.
      • April 1996 (Revised November 1997)
      • Case

      Background and Agreements on Foreign Direct Investment

      By: Louis T. Wells Jr. and Courtenay Sprague
      A brief history of foreign direct investment (FDI) is explored, emphasizing conflicts, developments in the legal framework governing FDI, and international agreements and nonbinding principles formulated to resolve disputes brought in by FDI. Propositions provide a... View Details
      Keywords: Foreign Direct Investment; Agreements and Arrangements; Conflict Management
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      Wells, Louis T., Jr., and Courtenay Sprague. "Background and Agreements on Foreign Direct Investment." Harvard Business School Case 796-148, April 1996. (Revised November 1997.)
      • 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.)
      • January 1991 (Revised May 1992)
      • Teaching Note

      IBM-Fujitsu Dispute and IBM-Fujitsu Settlement, Teaching Note

      By: Joseph L. Badaracco Jr.
      Teaching Note for (9-390-168) and (391-149). View Details
      Keywords: Information Technology Industry
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      Badaracco, Joseph L., Jr. "IBM-Fujitsu Dispute and IBM-Fujitsu Settlement, Teaching Note." Harvard Business School Teaching Note 391-148, January 1991. (Revised May 1992.)
      • 1991
      • Article

      Binding Parties to Agreements in Environmental Disputes

      By: M. A. Wheeler and L. Bacow
      Keywords: Natural Environment; Agreements and Arrangements
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      Wheeler, M. A., and L. Bacow. "Binding Parties to Agreements in Environmental Disputes." Villanova Environmental Law Journal (1991): 99–109.
      • 1990
      • Chapter

      Resolving Local Regulatory Disputes and Building Consensus for Affordable Housing

      By: M. A. Wheeler
      Keywords: Housing; Government and Politics; Governing Rules, Regulations, and Reforms; Local Range; Conflict and Resolution; Negotiation; Construction Industry
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      Wheeler, M. A. "Resolving Local Regulatory Disputes and Building Consensus for Affordable Housing." In Building Foundations: Housing and Federal Policy, edited by D. DiPasquale and K. Lanley. Philadelphia: University of Pennsylvania Press, 1990.
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