Arbitration

Resolving Third-Party Objections to Arbitral Subpoenas Under the Federal Arbitration Act: A Suggested Approach

Mar 25th, 2010 | By HNLR | Category: Arbitration, Featured Articles

By Peenesh Shah*
I. Introduction
Under Section 7 of the Federal Arbitration Act, arbitrators are empowered to subpoena third parties. When a subpoenaed third party objects, however, courts are enlisted to resolve the objection—and, when appropriate, to enforce the subpoena. Should these courts allow arbitrators to manage such disputes at the outset, considering the objection only after [...]



Managing Cultural Differences In An International Organization Conflict Management System

Sep 17th, 2009 | By HNLR | Category: Arbitration

David Miller, Staff Ombudsman, World Health Organization
Click here to download the full article (pdf)

Conflict management requires recognition that conflict is occurring. However, often there is no such recognition. Boundaries are often violated, behaviourally or verbally, by apparent abusers, harassers or aggressors unaware of the effects of their actions. And some people perceive no constraint [...]



Junctions Along the ADR Spectrum

Nov 22nd, 2008 | By Michael Zeytoonian | Category: ADR, Arbitration, Collaborative Law, Mediation

As ADR practitioners get out and educate the public about the various alternative dispute resolution processes, we frequently hear some of the same questions asked. People want to know the differences between this approach and that one, between what I do and what other lawyers do, between facilitative and evaluative mediation styles.  In order to [...]