Arbitrators Favoring Creditors

general article writing

Description

Week 6: Assignment

In each week, the learning assignment is designed to demonstrate your competence with the

Terminal Course Objectives of the course. Prior to working on the assignment, you should read

the week’s chapters and lecture.


Clearly identify your work with your name, the date, the week number, and the assignment

name, and upload your work to the Dropbox.


The questions are designed to probe the higher levels of thinking and learning such as

analyzing, evaluating, and creating, and so there often are no correct answers. Instead of

focusing and who wins or loses the case, you should analyze, evaluate, and create alternative

solutions to the various issues presented while arguing and debating the connections between

business, law, politics, and ethics.


Terminal Course Objectives: A and G

Video Case Study: Judicial, Alternative, and E-Dispute Resolution - Arbitrators Favoring

Creditors

Watch the video case study and then write a one- to two-page reflective paper (double-

spaced) on the following questions while discussing the connections between business, law,

politics, and ethics.

One: What is the difference between arbitration and litigation? What steps in the litigation

process are missing in arbitration?

Two: If the parties to arbitration instead went to court, discuss the steps that the parties would

have to take in order to go to trial.


Three: The story talked about repeat players—companies that end up in arbitration repeatedly

over time. Because arbitrators are selected by a negotiation between the two parties in the

arbitration, this story indicates they are more likely to find for these repeat players. Discuss the

ethics of this conflict of interest and what might be done to overcome the problem.


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