'Fitting the forum to the fuss', i.e., finding an optimal way to deal with every dispute, is an appealing slogan of proponents of alternative dispute resolution. It also summarizes the contract one would expect rational disputants to make, once they are embroiled in a conflict they cannot...

There is an interesting exception to businesses’, employers’, and service providers’ seemingly universal embrace of arbitration processes, particularly mandatory pre-dispute arbitration. Although it may be difficult to believe given arbitration’s current popularity, not everyone requires...

When lawsuits are resolved out of court, what determines the settlement price? This article uses a laboratory simulation and path analysis to estimate the relative importance of measurable variables in determining who wins the battle for the cooperative surplus. In the simulated negotiation...

Inherent Defects Insurance (IDI) for new housing buildings is mandatory in Spain since May 2000. The instauration of this legal requirement prompted an upsurge in the IDI market. Being confronted with wild competition, the major insurance carriers active in that market promoted a minimum price...

Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how...

Case law discussions in sport management scholarship and pedagogy frequently focus exclusively on one primary topic area. Thus, a case serves as a textbook example of a specific legal theory and management practice points. Occasionally, a multi-faceted case allows for an elaborate, comprehensive...

An important set of contract terms manages potential disputes. In a detailed, hand-coded sample of mergers and acquisition (M&A) contracts from 2007 and 2008, dispute management provisions in correlate strongly with target ownership, state of incorporation, and industry, and with the experience...

With an internet-based platform to transparently report global business-to-business (B2B) dealings, companies could freely invest and transact. Part I also explores eBay's secrets of success, complete with a detailed examination of its feedback and rating systems to find what tools can be...

A pharmacist fills a prescription for birth control pills with prenatal vitamins. An in vitro lab loses a cancer survivor's eggs. A fertility clinic exposes embryos to mad cow disease. A sperm bank switches a selected sample with one from a donor of a different race. An obstetrician predicts...

Ownership dispersion is a first-order determinant of M&A practices. Firms with dispersed ownership are more salient, and tend to be larger, but dispersion varies significantly among even large US businesses, and affects M&A deal size, duration, techniques, contract terms, and outcomes. These...