Informational Asymmetry
Refers, particularly in negotiation, to the greater level of information …
Category: Arbitration/Mediation/ADR
Irreparable Harm
Refers to an injury typically to a business that cannot …
Jurisdiction
Literally means the right to make law. Its legal meaning …
Material
In simple terms ‘material’ as an adjective means important. In …
Maximalist Negotiator, Negotiating Position
Refers to someone who takes an extreme initial position in …
Mediation
A usually non-binding form of dispute resolution where a neutral …
New York Convention
Popular name for the United Nations Convention on the Recognition …
Non-Disparagement Clause
A contractual clause, sometimes found in employment contracts and, more …
Over-Lawyering
Activities by lawyers that may waste time and money and …
Panel
Term used to describe the judges or arbitrators hearing and …
Pre-Action Protocol
In English and many other common law legal systems there …
Protective Order
An order, common in U.S. commercial litigation and international arbitration, …
Protest Clause
Requests for bids, particularly from public bodies for projects or …
Sandbagging
A sandbag or sap was used by some ‘muggers’ to …
Scale Fees, Scale Costs
In a number of legal systems, for example Germany, lawyers …