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  • All HBS Web  (109)
    • News  (7)
    • Research  (85)
    • Events  (2)
  • Faculty Publications  (66)

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  • All HBS Web  (109)
    • News  (7)
    • Research  (85)
    • Events  (2)
  • Faculty Publications  (66)
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  • 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
Citation
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Related
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.
  • 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
Citation
SSRN
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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)
  • 12 Dec 2005
  • Research & Ideas

Using the Law to Strategic Advantage

situation? A: Every legal dispute is a business problem requiring a business solution. Instead of handing over disputes to the lawyers with a "you take care of it" attitude, managers need to take... View Details
Keywords: by Sean Silverthorne; Legal Services
  • 03 Oct 2007
  • Research & Ideas

Dealing with the ‘Irrational’ Negotiator

as irrational. We will also describe the dangers of doing so and explain how to avoid making such mistakes. Mistake 1: They Are Not Irrational; They Are Uninformed An executive (who is one of Deepak's students) was recently involved in a View Details
Keywords: by Deepak Malhotra & Max H. Bazerman
  • 17 Aug 2021
  • Op-Ed

Dispensing Justice: The Case for Legalizing Cannabis Nationally

neighborhoods. Communities with flourishing illicit cannabis markets suffer a host of associated problems, including high incarceration rates (often exacerbated by prosecutorial bias), violence as the primary means of dispute View Details
Keywords: by Ashish Nanda and Tabatha Robinson
  • 08 Feb 2010
  • HBS Case

Looking Behind Google’s Stand in China

"do no evil" philosophy. Add to this the business fact that only 1 percent of their revenues come from China. There is no reason to suppose that they were going to do any better by being cooperative with the Chinese government. Interestingly, a View Details
Keywords: by Sean Silverthorne; Technology
  • 08 Apr 2002
  • Research & Ideas

How to Negotiate “Yes” Across Cultural Boundaries

with no place to hide." ... dispute resolution can look very different in different cultures.—James K. Sebenius U.S. companies like Stone—and others from cultures with strong legal systems—frequently... View Details
Keywords: by James K. Sebenius
  • 13 Oct 2010
  • First Look

First Look: October 13, 2010

Management Series. Oxford University Press, 2010 An abstract is unavailable at this time. Purchase the Book: http://ukcatalogue.oup.com/product/9780199552863.do Shadow of the Contract: How Contract Structure Shapes Inter-Firm Dispute... View Details
Keywords: Sean Silverthorne
  • 02 Jun 2010
  • First Look

First Look: June 2

of the Contract: How Contract Structure Shapes Inter-Firm Dispute Resolution Authors:Fabrice Lumineau and Deepak Malhotra Publication:Strategic Management Journal (in press) Abstract This paper investigates... View Details
Keywords: Martha Lagace
  • 20 Dec 2011
  • First Look

First Look: December 20

negotiations. Initially, legitimacy appeared to derive from an expanding membership and the lowering of tariffs in progressively more categories of goods and services. More recently, legitimacy comes from institutional deepening by means of View Details
Keywords: Carmen Nobel
  • 26 Sep 2007
  • Sharpening Your Skills

Sharpening Your Skills: Negotiation

uncle, mother, or daughter is your business partner. Harvard Business School's John A. Davis and Deepak Malhotra outline 5 ways to analyze and improve dealmaking and dispute resolution while protecting... View Details
  • 28 Aug 2012
  • First Look

First Look: August 28

built through institutional deepening by means of dispute resolution processes. This shift, I argue, raises epistemic questions of expertise, the relationship of models to real-world outcomes, and methods... View Details
Keywords: Sean Silverthorne
  • 04 Sep 2001
  • Research & Ideas

Five Questions for Max Bazerman

resolution and negotiation classes concerning how to enlarge the pie. I believe that the mindset of exploring wise tradeoffs is more common in business schools than in law or policy schools, where adversarial relations are too commonly... View Details
Keywords: Re: Max H. Bazerman
  • 02 Jan 2008
  • Research & Ideas

Most Popular Stories 2007

more so when your uncle, mother, or daughter is your business partner. Harvard Business School's John A. Davis and Deepak Malhotra outline 5 ways to analyze and improve dealmaking and dispute resolution... View Details
Keywords: by Sean Silverthorne
  • 01 Mar 2016
  • First Look

March 1, 2016

Enforcement: Evidence from Two Field Experiments By: Luo, Hong, and Julie Holland Mortimer Abstract—Effective dispute resolution is important for reducing private and social costs. We study how View Details
Keywords: Sean Silverthorne
  • 02 Aug 2006
  • Research & Ideas

Investor Protection: The Czech Experience

characters, and its resolution was not really satisfying, given that the Czech public ended up paying (literally) for the weakness of their country's property and contract laws. How did you become interested in this story, and what... View Details
Keywords: by Martha Lagace; Media & Broadcasting; Entertainment & Recreation
  • 20 Feb 2018
  • First Look

First Look at New Research and Ideas, February 20, 2018

Experiments By: Luo, Hong, and Julie Holland Mortimer Abstract—Effective dispute resolution is important for reducing private and social costs. We study how resolution responds... View Details
Keywords: Sean Silverthorne
  • 17 Jun 2014
  • First Look

First Look: June 17

his leadership in forging the United States-Singapore Free Trade Agreement (USSFTA), the development and ratification of a charter for the Association of Southeast Asian Nations (ASEAN), the resolution of territorial and humanitarian... View Details
Keywords: Sean Silverthorne
  • 25 Feb 2014
  • First Look

First Look: February 25

Among numerous other activities, the episodes described include his leadership in forging the United States-Singapore Free Trade Agreement (USSFTA), the development and ratification of a charter for the Association of Southeast Asian Nations (ASEAN), the View Details
Keywords: Sean Silverthorne
  • 12 Aug 2008
  • First Look

First Look: August 12, 2008

to recommend the appropriate method of dispute resolution (mediation, arbitration, mini-trial, etc.) for each one, depending on the circumstances, especially to assess likely barriers to unassisted... View Details
Keywords: Sean Silverthorne
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