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Arbitration Commercial Arbitration Arbitrators

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
JAMS

What Honeybees Have Taught Me About Dispute Resolution

JAMS on

From stingers to settlements: Finding parallels between bees and the ADR process - Beekeeping is one of my hobbies when I’m not dedicating myself to dispute resolution. In my more than 10 years as a beekeeper, I’ve learned...more

Felicello Law PC

The Art of Selection: What You Should Consider When Choosing an Arbitrator

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In arbitration, unlike in court, the parties are tasked with choosing their own arbitrator or panel of arbitrators. Each side wants to pick the arbitrator or panel that will see the case in the best light. They want someone...more

Miles Mediation & Arbitration

Ensuring Efficiency and Economy: An Arbitrator's Primary Obligation

What is an arbitrator’s primary obligation? If you put that question to most arbitrators or representatives of arbitral institutions, you will get the same answer: to render an enforceable award. That consensus is so...more

Miles Mediation & Arbitration

Welcoming Reform: An Overview of Tennessee’s Revised Uniform Arbitration Act

Pet owners know from personal experiences that treats are indispensable while training fur babies. A teaspoon of peanut butter goes a long way while instructing them to sit or perform a heartwarming “high five.” Similarly,...more

Bennett Jones LLP

Arbitration, Court and Interim Injunctions: The Tricky Issue of Jurisdiction

Bennett Jones LLP on

The recent Court of King's Bench of Alberta decision in 2329716 Alberta Ltd v. Randhawa [Randhawa] considered whether the court has jurisdiction to hear an interim injunction where the contracting parties agreed to resolve...more

JAMS

Harnessing Innovation to Improve the Quality of Arbitrator Decision-Making - A neutral’s perspective on the evolution of resolving...

JAMS on

For several years, the shuttering effects of a global pandemic have severely hampered the ability of arbitrators and advocates to use direct techniques to try complex commercial arbitration cases. Forced closures, tempered by...more

Shook, Hardy & Bacon L.L.P.

The American Arbitration Association Makes Major Changes to the AAA Commercial Arbitration Rules

On September 1, 2022, amendments to the American Arbitration Association’s (AAA) Commercial Arbitration Rules and Mediation Procedures went into effect. The amendments are significant but they are not retroactive. Thus the...more

Spilman Thomas & Battle, PLLC

New and Revised AAA Rules that May Affect Your Construction Contracts

Does your contract contain a dispute resolution section that refers to the American Arbitration Association (“AAA”) rules, mediation and/or arbitration proceedings?  If so, then you need to be aware of some changes that took...more

NAM (National Arbitration and Mediation)

The Importance of the Preliminary Conference in Commercial Arbitration: Proactively Ensuring the Experience of the Proceeding

Expediency and economy are the great benefits of the arbitral process. One of its most important components is the initial or preliminary conference with an arbitrator whether it is a tri-panel or party arbitration. Advance...more

NAM (National Arbitration and Mediation)

Party-Appointed Arbitrators On The Precipice

Concerns about bias and prejudice from multiple repeat appointments have plagued party-appointed arbitrators for years. This is true of international arbitration, commercial arbitration and, of course, insurance and...more

Hogan Lovells

C v D – Hong Kong court rules on compliance with pre-arbitration procedural requirements

Hogan Lovells on

In a recent anonymized judgment, the Hong Kong Court of First Instance held that compliance with an "escalation clause," a procedural requirement for the commencement of arbitration, was an issue to be decided by the arbitral...more

WilmerHale

Revised Swiss Rules of Arbitration

WilmerHale on

The Swiss Arbitration Centre (formerly known as the Swiss Chambers’ Arbitration Institution (SCAI)) has released revised arbitration rules, which are effective as of 1 June 2021 and apply to arbitration proceedings commenced...more

Jones Day

"Last Refuge of the Desperate"—Western Australia Supreme Court Rebuts Procedural Fairness Challenge to Arbitrator's Award

Jones Day on

The Situation: In line with other UNCITRAL Model Law jurisdictions, in Australia, the grounds on which to challenge the outcome of a commercial arbitration are narrowly circumscribed. Having chosen to resolve their disputes...more

WilmerHale

CVLC Three Carrier Corp v Arab Maritime Petroleum Transport Company: The English Commercial Court Provides Guidance on Arbitration...

WilmerHale on

The recent case of CVLC Three Carrier Corp & Anor v Arab Maritime Petroleum Transport Company [2021] EWHC 551 (Comm) is a rare example of a successful challenge under section 69 of the Arbitration Act 1996 (Act).  Section 69...more

Mintz - Arbitration, Mediation, ADR...

Is the “Clear and Unmistakable” Hurdle for Delegation of Arbitrability Issues to an Arbitrator Uniform or Variable?

The United States Supreme Court established that questions of arbitrability are presumptively for a court unless the parties clearly and unmistakability manifest their intention (i.e, agreement) that such issues should be...more

BakerHostetler

Sixth Circuit Allows Discovery in Private International Commercial Arbitrations

BakerHostetler on

28 U.S.C. § 1782 is a powerful tool that permits foreign litigants to obtain broad U.S. discovery in aid of their foreign court litigation. Bank records and key documents can be obtained and witnesses can be deposed – all...more

Mintz - Arbitration, Mediation, ADR...

How to Enforce an Arbitration Subpoena: Jurisdiction and Venue Basics

The Federal Arbitration Act (“FAA”) §7 (9 U.S.C. §7) enables arbitrators to “summon … any person to attend before them or any of them as a witness and in a proper case to bring with him or them any [document] which may be...more

NAM (National Arbitration and Mediation)

The Commercial Arbitration: The Single Arbitrator Versus The Tri-Panel

Over the years, I have had the opportunity to preside over numerous commercial arbitrations of all types. I have done so as the sole arbitrator and also as a member of a tri-panel. The decision to use a single arbitrator...more

Mintz - Arbitration, Mediation, ADR...

Can Arbitrability Questions Concerning a Non-Signatory to the Arbitration Agreement Be “Delegated” to an Arbitrator?

“Gateway” arbitration issues, including the validity, enforceability, and scope of an arbitration agreement, are presumptively to be decided by a court, rather than by an arbitrator. However, such gateway issues may be...more

Holland & Hart LLP

Tips for Effective Advocacy in Arbitration

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Parties to arbitration proceedings frequently comment that they appreciate the arbitration process because it is a faster, more efficient, and less costly way to resolve their business disputes. Unlike litigation, arbitration...more

Fish & Richardson

Arbitration Risks, Part Two: Inside the Arbitration Process

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Commercial arbitration has become more complex, time-consuming, and expensive – in other words, more like litigation. In Part One, we discussed the increasing skepticism among corporate counsel about the purported “better,...more

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