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[This guest post is authored by Pranav Tanwar, LL.M. (Business Laws) student at National Law University, Delhi, India ] Regulation Gaps on Tribunal Secretaries under Indian Arbitration Framework Background: Matters referred to arbitration are getting more complex and voluminous. The procedure associated with arbitration is also growing, and the tribunals are [over]burdened with documents, claims, counterclaims, expert … Continue reading Regulation Gaps on Tribunal Secretaries under Indian Arbitration Framework…
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We are pleased to announce a free webinar for litigators and mediators on Wednesday, July 21, 2021 at 12:30 PM EST entitled “The Top 7 Psychological Traps to Watch Out For in Litigation and Mediation.” The presenter is Joshua E. Fruchter, Esq., a mediator and litigator with over twenty five years of experience settling disputes in litigation and family business environments. Among other topics, attendees will learn: Why familiarity with psychological traps…
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During our June 23 webinar on decision tree analysis, one attendee reported having heard complaints that decision tree analysis is unfair to plaintiffs because the multiple probabilities in the tree whittle down their expected damages. The short answer is that it’s not a legitimate gripe because that so-called “whittling down” results from “garbage in, garbage out;” or more technically, misuse of the multiplication rule of probability (and rest assured, the plaintiff can play that game…
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Judgment of Solomon – Nicholas Poussin Pretty much everyone knows the bible story about King Solomon. Two women claimed they were the mother of an infant after a different child had died. Solomon ordered the baby to be split in half and divided between them. One woman agreed; the other would rather abandon her claim. Solomon then knew that the one who put the baby’s welfare ahead of her own interests was the true mother.…
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At our June 23, 2021 webinar on decision tree analysis, we discussed that after calculating the expected value (EV) of a lawsuit using a decision tree in connection with settlement negotiations or a mediation, plaintiffs should subtract the anticipated future costs of continuing to litigate (e.g., attorney and expert fees) from the EV, while defendants should add anticipated future costs to the EV. For example, assume that during mediation of a commercial litigation, the mediator…
[This guest post is authored by Abhinav Gupta who is in his second year at West Bengal National University of Juridical Sciences, Kolkata] A 3-judge bench of the Supreme Court (‘SC’) recently delivered its judgement in N. N. Global Mercantile v. Indo Unique Flame. This piece attempts to provide a critical analysis of the said … Continue reading Global Mercantile v. Indo Unique: Furthering the Pro-Arbitration Approach in India?…