Negotiated Settlement

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Stephen Littlechild - One of the best experts on this subject based on the ideXlab platform.

  • the hunter valley access undertaking elements of a Negotiated Settlement
    Transport Policy, 2012
    Co-Authors: Stephen Bordignon, Stephen Littlechild
    Abstract:

    Is Australian transport regulation ready for Negotiated access undertakings? On 29 June 2011 the Australian Competition and Consumer Commission (ACCC) accepted an access undertaking from Australian Rail Track Corporation (ARTC) in relation to the Hunter Valley rail network. The ACCC encouraged ARTC and its users (principally coal producers) to discuss and negotiate the detail of the undertaking. At the final stage the parties were able to resolve their differences and put an agreed undertaking to the ACCC. Compared to the undertaking that the ACCC would likely otherwise have accepted, this agreement was for a shorter term and embodied other provisions preferred by the users, in return for a higher rate of return requested by ARTC. The paper discusses the nature and lessons of this experience.

  • the hunter valley access undertaking elements of a Negotiated Settlement
    Research Papers in Economics, 2012
    Co-Authors: Stephen Bordignon, Stephen Littlechild
    Abstract:

    On 29 June 2011 the Australian Competition and Consumer Commission (ACCC) accepted an access undertaking from Australian Rail Track Corporation (ARTC) in relation to the Hunter Valley rail network. The ACCC encouraged ARTC and its users (principally coal producers) to discuss and negotiate the detail of the undertaking. At the final stage the parties were able to resolve their differences and put an agreed undertaking to the ACCC. Compared to the undertaking that the ACCC would likely otherwise have accepted, this agreement was for a shorter term and embodied other provisions preferred by the users, in return for a higher rate of return requested by ARTC. The paper discusses the nature and lessons of this Settlement process.

Stephen Bordignon - One of the best experts on this subject based on the ideXlab platform.

  • the hunter valley access undertaking elements of a Negotiated Settlement
    Transport Policy, 2012
    Co-Authors: Stephen Bordignon, Stephen Littlechild
    Abstract:

    Is Australian transport regulation ready for Negotiated access undertakings? On 29 June 2011 the Australian Competition and Consumer Commission (ACCC) accepted an access undertaking from Australian Rail Track Corporation (ARTC) in relation to the Hunter Valley rail network. The ACCC encouraged ARTC and its users (principally coal producers) to discuss and negotiate the detail of the undertaking. At the final stage the parties were able to resolve their differences and put an agreed undertaking to the ACCC. Compared to the undertaking that the ACCC would likely otherwise have accepted, this agreement was for a shorter term and embodied other provisions preferred by the users, in return for a higher rate of return requested by ARTC. The paper discusses the nature and lessons of this experience.

  • the hunter valley access undertaking elements of a Negotiated Settlement
    Research Papers in Economics, 2012
    Co-Authors: Stephen Bordignon, Stephen Littlechild
    Abstract:

    On 29 June 2011 the Australian Competition and Consumer Commission (ACCC) accepted an access undertaking from Australian Rail Track Corporation (ARTC) in relation to the Hunter Valley rail network. The ACCC encouraged ARTC and its users (principally coal producers) to discuss and negotiate the detail of the undertaking. At the final stage the parties were able to resolve their differences and put an agreed undertaking to the ACCC. Compared to the undertaking that the ACCC would likely otherwise have accepted, this agreement was for a shorter term and embodied other provisions preferred by the users, in return for a higher rate of return requested by ARTC. The paper discusses the nature and lessons of this Settlement process.

Sboniso Cibane - One of the best experts on this subject based on the ideXlab platform.

  • south africa s Negotiated Settlement did nelson mandela sell the rainbow nation cheap
    Social Science Research Network, 2015
    Co-Authors: Sboniso Cibane
    Abstract:

    This paper interrogates the debate regarding Mandela's legacy from the perspective of Nelson Mandela the Man. I divide Mandela’s life into three periods. First, I explore the ideology and demands of Mandela the Revolutionary (1940-1962). In this regard, I look at whom and what shaped his revolutionary activities. Second, I explore the ideological and character metamorphosis of Mandela the Prisoner (1962-1990). Mandela himself admits that the prison changed him. I look at how his transformation in prison influenced his willingness to negotiate. Finally, I explore the ideas and process of Mandela the Great Reconciler (1986-1994). In this regard, I will focus on the economic Settlement, specifically at how the outcome of the negotiations compares to the demands of the Freedom Charter.

Steven L Schwarcz - One of the best experts on this subject based on the ideXlab platform.

  • sovereign debt restructuring a bankruptcy reorganization approach
    Cornell Law Review, 1999
    Co-Authors: Steven L Schwarcz
    Abstract:

    This article systematically examines sovereign debt restructuring in light of bankruptcy reorganization law principles. It proposes that a simple and arguably practical convention, based on just three of these principles, would encourage free market funding of troubled States, thereby avoiding reliance on the International Monetary Fund (and the moral hazard and taxpayer subsidy issues caused by such reliance). On the other hand, the article proposes a limited role for the IMF that would allow it to continue its current practice of imposing conditionality on funding, but without triggering any of the problems presently associated with IMF lending. Furthermore, the article explains why a convention is needed to solve the problem of holdout creditors undermining collective action toward a Negotiated Settlement. In this context, the article shows that recent proposals to contractually solve this problem by introducing special-majority voting clauses in new bond issues are doomed to failure. The article additionally explains why no international bankruptcy court or other new organization is needed.

Frederick M. Vanluit - One of the best experts on this subject based on the ideXlab platform.

  • Alternative Dispute Resolution: A Case Analysis of a Negotiated Settlement
    1994
    Co-Authors: Frederick M. Vanluit
    Abstract:

    Abstract : There has been a recent increase in emphasis by the Federal Government on using alternative dispute resolution methods to resolve contract disputes. These methods are normally less expensive, faster, less intimidating and more responsive to the underlying problems of the dispute. Alternative dispute resolution is not effective for all disputes. Situations in which alternative dispute resolution would be effective are identified. Additionally, the characteristics and advantages of alternative dispute resolution are discussed. The current legislation concerning the Government's usage of alternative dispute resolution is the Administrative Dispute Resolution Act of 1990. The specific components of the Act are reviewed. The conventional dispute resolution process, and its disadvantages, are presented for comparison purposes. In September 1993, the United States Navy and Lockheed Corporation successfully used negotiations to settle a dispute concerning the termination of the Long Range Anti-submarine Warfare Capability Aircraft program. A case analysis was conducted on the issues of the dispute, the reasons a Negotiated Settlement was used and of the actual negotiation process and results.