The Legitimacy of Investment Arbitration

International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.

Negotiating Status: Pro Bono Partners and Counsels in Large Law Firms

Law firm pro bono work provides access to justice to low-income people and other vulnerable populations. The professionals that manage pro bono programs are at the forefront of that process. The limited available research on these professionals do not often distinguish lawyers from other managers or theorize about their status vis-à-vis other law firm lawyers. Yet the status of lawyers who are also managers of pro bono programs influences both their identities and the management and provision of legal services and advocacy. Drawing on original demographic and interview data, this article shows how law firm pro bono partners and counsels navigate their ambiguous roles and negotiate their status as lawyers and managers. I find that pro bono partners and counsels navigate their ambiguous roles by striving to be perceived as “real” lawyers, reframe their roles as business generators, conform to the billing culture, and establish a common identity. They also negotiate their titles and office spaces to raise their profiles. Gender inequality influences the negotiation of office spaces and the approval of pro bono matters. These findings have implications for lawyers who manage pro bono programs and the legitimacy of pro bono work.

The Use of Employee Financial Participation in Lithuanian Companies

The chapter analyses the use of employee financial participation in Lithuanian companies. The methodology of current research is based on the qualitative research method and analysis of the company's documents. In a total of 19 semi-structured individual anonymous interviews and one focus group were conducted with competent representatives of the companies – heads of human resources and finance departments of companies, heads of legal departments or top managers of law firms representing them. According to the research findings, employers set different goals for share and profit-sharing programs or measures. Among the already examined, high, long-term employee motivation dominates. It also includes aspects of employee involvement in management, strengthening loyalty, forming a sense of ownership. The Scandinavian capital corporation, which manages several companies in Lithuania and applies for a share ownership program, has succeeded in achieving its goals by strengthening employee motivation and involvement.

Knowledge Transfer and Use as Predictors of Law Firm Performance

There has been observed low practice of conscious knowledge management among Nigerian law firms and there is no evidence on how knowledge transfer and use predict their performance. Hence, this study examined knowledge transfer and use as predictors of Nigerian law firm performance. The study adopts descriptive survey research design and web-based questionnaire as instrument for data collection. There was total response of 205 from the survey. It was found that Nigerian lawyers transfer knowledge through platforms such as meetings, training, workshops/seminars and collaboration. Results show that Nigerian lawyers use knowledge to improve innovative thinking, enhance performance, maximize financial performance and improve client’s satisfaction. Results show that there is statistically significant relationship between knowledge transfer and law firm’s performance. Results show that knowledge transfer and use will significantly predict law firm’s performance. This study provides fresh insights that knowledge transfer and use are veritable mechanisms to improve law firms’ performance.

How Many 'Clicks' Does it Take? Finding Price Information on New Zealand Lawyers' Websites

This article examines price transparency in New Zealand's civil legal services market and compares the civil legal services market characteristics to those of other jurisdictions. The current law does not incentivise providers within the legal services market to communicate price information to consumers searching for a provider. The researcher utilised a web-sweep method to assess how New Zealand law firms that provide dispute resolution services and employment advocates share information through their websites. The web-sweep covered the websites of 96 New Zealand law firms and 30 New Zealand employment advocates. The author assessed the ease with which prospective consumers could navigate and understand price-related information. The results demonstrated that in a majority of instances, price information is unclear and uncertain. It is therefore not comparable between providers. Consumers in New Zealand face a high search cost when looking for prices and deciding on a legal service provider. They are unable to make a meaningful price comparison between providers of dispute resolution services before engaging them. Stronger regulation of providers (lawyers and employment advocates) to require the display of pricing information would lower search costs for consumers and increase competition.

Promotion to Partner in Large Law Firms Operating in the United Kingdom: Tournament Theory and the Monitoring of the Implied Promise

<p>This research is a study of the promotion to partner process in large law firms in the United Kingdom (UK). It is concerned with the application of tournament theory to such firms. In particular it is an examination of the ability of associate lawyers to monitor the implied promise that, in prescribed circumstances, they will have the opportunity of becoming a partner at their firms. In order to identify whether or not the rules of tournament theory on promotion to partnership hold true when set against the experiences of lawyers in large law firms operating in the UK, I established a theoretical framework based on a review of the relevant literature. I then tested that theoretical framework with data from two sources: case study interviews with partners at a large UK law firm; and a questionnaire distributed to a wider sample group of partners across a number of large UK law firms. The research found strong evidence to support the application of the core elements of tournament theory to large law firms in the UK. The research also found, however, that the implied promise envisaged by tournament theory was not the promise monitored by the individuals who took part in the research project.</p>

Promotion to Partner in Large Law Firms Operating in the United Kingdom: Tournament Theory and the Monitoring of the Implied Promise

<p>This research is a study of the promotion to partner process in large law firms in the United Kingdom (UK). It is concerned with the application of tournament theory to such firms. In particular it is an examination of the ability of associate lawyers to monitor the implied promise that, in prescribed circumstances, they will have the opportunity of becoming a partner at their firms. In order to identify whether or not the rules of tournament theory on promotion to partnership hold true when set against the experiences of lawyers in large law firms operating in the UK, I established a theoretical framework based on a review of the relevant literature. I then tested that theoretical framework with data from two sources: case study interviews with partners at a large UK law firm; and a questionnaire distributed to a wider sample group of partners across a number of large UK law firms. The research found strong evidence to support the application of the core elements of tournament theory to large law firms in the UK. The research also found, however, that the implied promise envisaged by tournament theory was not the promise monitored by the individuals who took part in the research project.</p>