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Papers by Eric van Ginkel
Negotiation Journal, Oct 1, 2004
Face issues under the surface can make mediation akin to negotiating a minefield. This article pr... more Face issues under the surface can make mediation akin to negotiating a minefield. This article proposes to help mediators map the terrain, uncovering critical face issues that can stymie the negotiation. The author demonstrates how, by using face-giving techniques to diffuse uncovered face issues, mediators can help move the parties through sensitive conflicts to sustainable resolution-with egos and relationships intact.
Journal of International Arbitration, Feb 1, 2004
Transnational Dispute Management, Feb 1, 2007
Journal of International Arbitration, 2004
Just when you thought you could validly add a clause to your client's arbitration agreement provi... more Just when you thought you could validly add a clause to your client's arbitration agreement providing that the losing party may take an appeal from the award to the district court having jurisdiction over the parties, think again. What was the law of the Ninth Circuit since December 1997, when a threejudge panel of the Ninth Circuit Court of Appeals decided LaPine Technology Corporation v. Kyocera Corporation' ("LaPine 1"), has just been reversed by the Ninth Circuit Court of Appeals sitting en banc. In its decision, on a rehearing of what the court refers to as "LaPine IF " 2, the court overruled LaPine 1, affirming the district court's 1995 conclusion 3 and holding that a "federal court may only review an arbitral decision on the grounds set forth in the Federal Arbitration Act." 4 * Eric van Ginkel is a commercial mediator and arbitrator in Los Angeles, and International Counsel to Hughes Hubbard & Reed LLP. He holds J.D. degrees from Leiden University Faculty of Law in the Netherlands and Columbia University School of Law, as well as an LL.M. degree in International Dispute Resolution from the Straus Institute for Dispute Resolution at Pepperdine University School of Law. I. LaPine Tech. Corp. v. Kyocera Corporation, 130 F.3d 884 (9th Cir. 1997) (honoring the parties' agreement to subject the arbitral award to review by the district court having jurisdiction, for errors of fact or law because the principle behind the federal policy as embodied in the Federal Arbitration Act is to guarantee that courts will enforce private agreements to arbitrate according to their terms) 2. Kyocera Corp. v. Prudential-Bache Trade Servs., Inc., 299 F.3d 769 (9th Cir. 2002) appeal dismissed per stipulation Kyocera Corp. v. Prudential-Bache Trade Services, Inc., 124 S. Ct. 980; 157 L. Ed. 2d 810 (2004). 3. LaPine v. Kyocera Corp., 909 F. Supp. 697 (N.D. Cal. 1995) (holding that the appeal clause in the parties' arbitration agreement improperly presumed to direct the court as to the substance and parameters of its exercise of judicial power) 4. Kyocera Corp. v. Prudential-Bache Trade Servs., Inc., 341 F.3d 987, 1000 (9th Cir. 2003) (en banc).
Pepperdine Dispute Resolution Law Journal, 2003
Angeles. Mr. Van Ginkel holds J.D. degrees from Leiden University Faculty of Law in the Netherlan... more Angeles. Mr. Van Ginkel holds J.D. degrees from Leiden University Faculty of Law in the Netherlands and Columbia University School of Law. Mr. Van Ginkel also holds a Certificate in Dispute Resolution from the Straus Institute for Dispute Resolution at Pepperdine University School of Law. Currently, he is a candidate for the LL.M. degree in Dispute Resolution at the Straus Institute, which he hopes to obtain by the summer of 2003. The author wishes to thank Professors Maureen Weston and Roger Alford of Pepperdine University School of Law for their extremely valuable comments and feedback. Many thanks also go to Todd P. Piro, who contributed extensively to the revising and editing of this article.
Angeles. Mr. Van Ginkel holds J.D. degrees from Leiden University Faculty of Law in the Netherlan... more Angeles. Mr. Van Ginkel holds J.D. degrees from Leiden University Faculty of Law in the Netherlands and Columbia University School of Law. Mr. Van Ginkel also holds a Certificate in Dispute Resolution from the Straus Institute for Dispute Resolution at Pepperdine University School of Law. Currently, he is a candidate for the LL.M. degree in Dispute Resolution at the Straus Institute, which he hopes to obtain by the summer of 2003. The author wishes to thank Professors Maureen Weston and Roger Alford of Pepperdine University School of Law for their extremely valuable comments and feedback. Many thanks also go to Todd P. Piro, who contributed extensively to the revising and editing of this article.
Journal of International Arbitration, 2004
Article-by-Article Analysis of the Model Law
Alternatives to the High Cost of Litigation, 2014
A Fresh Look at Mediation Confidentiaity. Who is it for? Does it protect where it is supposed t... more A Fresh Look at Mediation Confidentiaity. Who is it for? Does it protect where it is supposed to protect, or does it protect in situations where there should be an exception?
Eric van Ginkel, international mediator, speaks with Bruce Patton, co-author of Getting to Yes an... more Eric van Ginkel, international mediator, speaks with Bruce Patton, co-author of Getting to Yes and Difficult conversations, about the development of mediation in the United States, missed opportunities and difficult conversations. He states that there's 'toxic waste' in our thoughts. When you recognize this, difficult conversations can be less difficult. The other thing that helps in difficult conversations is talking to yourself. [/] Bruce Patton is a co-founder of the Harvard Negotiation Project (HNP), and as Deputy Director of HNP led it from 1979 until 2009. He is still Distinguished Fellow of the HNP. He is a founder and partner of Vantage Partners, where his work focuses on negotiation and relationship management in supplier, alliance, outsourcing, and merger contexts; managing internal executive teams or cross-matrix conflict; and on negotiation advice and capacity building. Bruce is also a founder and Board member emeritus of the non-profit Conflict Management Gr...
Negotiation Journal, 2004
Face issues under the surface can make mediation akin to negotiating a minefield. This article pr... more Face issues under the surface can make mediation akin to negotiating a minefield. This article proposes to help mediators map the terrain, uncovering critical face issues that can stymie the negotiation. The author demonstrates how, by using face-giving techniques to diffuse uncovered face issues, mediators can help move the parties through sensitive conflicts to sustainable resolution-with egos and relationships intact.
Negotiation Journal, Oct 1, 2004
Face issues under the surface can make mediation akin to negotiating a minefield. This article pr... more Face issues under the surface can make mediation akin to negotiating a minefield. This article proposes to help mediators map the terrain, uncovering critical face issues that can stymie the negotiation. The author demonstrates how, by using face-giving techniques to diffuse uncovered face issues, mediators can help move the parties through sensitive conflicts to sustainable resolution-with egos and relationships intact.
Journal of International Arbitration, Feb 1, 2004
Transnational Dispute Management, Feb 1, 2007
Journal of International Arbitration, 2004
Just when you thought you could validly add a clause to your client's arbitration agreement provi... more Just when you thought you could validly add a clause to your client's arbitration agreement providing that the losing party may take an appeal from the award to the district court having jurisdiction over the parties, think again. What was the law of the Ninth Circuit since December 1997, when a threejudge panel of the Ninth Circuit Court of Appeals decided LaPine Technology Corporation v. Kyocera Corporation' ("LaPine 1"), has just been reversed by the Ninth Circuit Court of Appeals sitting en banc. In its decision, on a rehearing of what the court refers to as "LaPine IF " 2, the court overruled LaPine 1, affirming the district court's 1995 conclusion 3 and holding that a "federal court may only review an arbitral decision on the grounds set forth in the Federal Arbitration Act." 4 * Eric van Ginkel is a commercial mediator and arbitrator in Los Angeles, and International Counsel to Hughes Hubbard & Reed LLP. He holds J.D. degrees from Leiden University Faculty of Law in the Netherlands and Columbia University School of Law, as well as an LL.M. degree in International Dispute Resolution from the Straus Institute for Dispute Resolution at Pepperdine University School of Law. I. LaPine Tech. Corp. v. Kyocera Corporation, 130 F.3d 884 (9th Cir. 1997) (honoring the parties' agreement to subject the arbitral award to review by the district court having jurisdiction, for errors of fact or law because the principle behind the federal policy as embodied in the Federal Arbitration Act is to guarantee that courts will enforce private agreements to arbitrate according to their terms) 2. Kyocera Corp. v. Prudential-Bache Trade Servs., Inc., 299 F.3d 769 (9th Cir. 2002) appeal dismissed per stipulation Kyocera Corp. v. Prudential-Bache Trade Services, Inc., 124 S. Ct. 980; 157 L. Ed. 2d 810 (2004). 3. LaPine v. Kyocera Corp., 909 F. Supp. 697 (N.D. Cal. 1995) (holding that the appeal clause in the parties' arbitration agreement improperly presumed to direct the court as to the substance and parameters of its exercise of judicial power) 4. Kyocera Corp. v. Prudential-Bache Trade Servs., Inc., 341 F.3d 987, 1000 (9th Cir. 2003) (en banc).
Pepperdine Dispute Resolution Law Journal, 2003
Angeles. Mr. Van Ginkel holds J.D. degrees from Leiden University Faculty of Law in the Netherlan... more Angeles. Mr. Van Ginkel holds J.D. degrees from Leiden University Faculty of Law in the Netherlands and Columbia University School of Law. Mr. Van Ginkel also holds a Certificate in Dispute Resolution from the Straus Institute for Dispute Resolution at Pepperdine University School of Law. Currently, he is a candidate for the LL.M. degree in Dispute Resolution at the Straus Institute, which he hopes to obtain by the summer of 2003. The author wishes to thank Professors Maureen Weston and Roger Alford of Pepperdine University School of Law for their extremely valuable comments and feedback. Many thanks also go to Todd P. Piro, who contributed extensively to the revising and editing of this article.
Angeles. Mr. Van Ginkel holds J.D. degrees from Leiden University Faculty of Law in the Netherlan... more Angeles. Mr. Van Ginkel holds J.D. degrees from Leiden University Faculty of Law in the Netherlands and Columbia University School of Law. Mr. Van Ginkel also holds a Certificate in Dispute Resolution from the Straus Institute for Dispute Resolution at Pepperdine University School of Law. Currently, he is a candidate for the LL.M. degree in Dispute Resolution at the Straus Institute, which he hopes to obtain by the summer of 2003. The author wishes to thank Professors Maureen Weston and Roger Alford of Pepperdine University School of Law for their extremely valuable comments and feedback. Many thanks also go to Todd P. Piro, who contributed extensively to the revising and editing of this article.
Journal of International Arbitration, 2004
Article-by-Article Analysis of the Model Law
Alternatives to the High Cost of Litigation, 2014
A Fresh Look at Mediation Confidentiaity. Who is it for? Does it protect where it is supposed t... more A Fresh Look at Mediation Confidentiaity. Who is it for? Does it protect where it is supposed to protect, or does it protect in situations where there should be an exception?
Eric van Ginkel, international mediator, speaks with Bruce Patton, co-author of Getting to Yes an... more Eric van Ginkel, international mediator, speaks with Bruce Patton, co-author of Getting to Yes and Difficult conversations, about the development of mediation in the United States, missed opportunities and difficult conversations. He states that there's 'toxic waste' in our thoughts. When you recognize this, difficult conversations can be less difficult. The other thing that helps in difficult conversations is talking to yourself. [/] Bruce Patton is a co-founder of the Harvard Negotiation Project (HNP), and as Deputy Director of HNP led it from 1979 until 2009. He is still Distinguished Fellow of the HNP. He is a founder and partner of Vantage Partners, where his work focuses on negotiation and relationship management in supplier, alliance, outsourcing, and merger contexts; managing internal executive teams or cross-matrix conflict; and on negotiation advice and capacity building. Bruce is also a founder and Board member emeritus of the non-profit Conflict Management Gr...
Negotiation Journal, 2004
Face issues under the surface can make mediation akin to negotiating a minefield. This article pr... more Face issues under the surface can make mediation akin to negotiating a minefield. This article proposes to help mediators map the terrain, uncovering critical face issues that can stymie the negotiation. The author demonstrates how, by using face-giving techniques to diffuse uncovered face issues, mediators can help move the parties through sensitive conflicts to sustainable resolution-with egos and relationships intact.