News & Analysis as of

Arbitration Remote Hearings

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

From Conflict to Clarity: Why the ADR Experience Matters in Successful Resolution

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With legal disputes at an all-time high and courts facing record backlogs, alternative dispute resolution (ADR) is more relevant than ever. As attorneys and clients turn to ADR, it is important to understand how the “behind...more

JAMS

Mediation Procedures

JAMS on

I currently mediate all of my cases on Zoom. I have mediated hundreds of cases on Zoom since March 2020. I have found a Zoom mediation to be a convenient, efficient, cost-effective and beneficial method of settling disputes....more

Fenwick & West LLP

AAA Issues Updates to Consumer Mass Arbitration Rules and Fee Schedule

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The American Arbitration Association (AAA) recently amended its Supplemental Rules on Mass Arbitrations as well as its fee schedule, in an attempt to streamline these arbitrations. These rules could potentially change the...more

IMS Legal Strategies

Global Dispute Resolution: The Future of Virtual Legal Proceedings Is Shaped by Soaring Travel Costs

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While we may have passed through the worst of the global pandemic, it has unquestionably left a deep and lasting impact on our personal and professional lives. Restrictions that left everyone housebound for months on end...more

Array

Depositions have gone digital, how do we keep them successful?

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The American Bar Association holds high standards for legal practitioners. Lawyers have the professional responsibility to be competent, diligent, and to expedite litigation in the interest of their clients. In the client...more

Miles Mediation & Arbitration

Old Yeller and the Case for The Great, Big Virtual Mediation

Spoiler alert:  In case you haven’t seen the movie yet, Old Yeller dies in the end.  And the whole world cried.  And they still do, as the film continues to captivate new generations of audiences since its original release in...more

Bressler, Amery & Ross, P.C.

FINRA Dispute Resolution Update: The More Things Change . . .

As it was for the rest of the world, 2021 was an interesting year for the Financial Industry Regulatory Authority (FINRA). Originally published in American Bar Association’s Securities Litigation section - March 17th,...more

Conyers

Getting Ready for the Big Day – Keys for Planning a Successful Virtual Trial

Conyers on

British Virgin Islands (“BVI”) companies are widely used as corporate vehicles for joint ventures in Asia, especially at their pre-listing stage. There are over 450,000 active BVI companies set-up by users around the world....more

JAMS

Virtual Arbitration at a Glance

JAMS on

On June 25, 2020, the Commercial and Federal Litigation Section co-sponsored with JAMS a live webinar featuring an interactive mock virtual arbitration of a commercial dispute. The Hon. Ariel E. Belen, arbitrator/mediator at...more

JAMS

[PODCAST] JAMS Neutrals See Strong Future for Hybrid ADR Proceedings

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A podcast from JAMS featuring neutrals Zee Claiborne and Michael Young on their experiences conducting hybrid proceedings at JAMS. In this podcast, JAMS neutrals Zee Claiborne and Michael Young discuss virtual and hybrid...more

JAMS

[PODCAST] JAMS Introduces Key Changes to International Arbitration Rules

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A podcast from JAMS featuring Kim Taylor, Robert Davidson and Ranse Howell on recent changes to JAMS’ International Arbitration Rules & Procedures (Rules) and how they respond to the modern practice of ADR and the COVID-19...more

JAMS

Disruptions, Disputes and Dialogue: What Just Happened?

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We are finally starting to see signs of economic recovery, with businesses reopening and emerging from their forced hibernation. We are witnessing the evolution of the workplace and work itself. So let’s reflect on our...more

Troutman Pepper Locke

Int'l Arbitration Rules Revision Reflects Flexible Approach

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On Feb. 15, the International Bar Association released the long-awaited update, adopted by the IBA Council on Dec. 17, 2020, to the IBA Rules on the Taking of Evidence in International Arbitration. Originally published in...more

NAM (National Arbitration and Mediation)

Virtual ADR: Life After Lockdown

With vaccinations on the rise—and our spirits with them– there is increasing talk of returning to the office, probably after Labor Day, to resume a somewhat normal work schedule, including renewed person-to-person contact...more

NAM (National Arbitration and Mediation)

The Masked Mediator - A Personal Account of an In-Person Mediation

This past year has been unlike any other in almost every aspect of life. I feel blessed that my family and I have remained healthy, and that through Zoom technology and NAM's IT department, I have been able to continue to...more

Vinson & Elkins LLP

Virtual Arbitration Hearings In The Middle East

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The COVID-19 pandemic has created an exponential increase in the number of virtual arbitration hearings, including in the Middle East. In a previous client alert, we describe that virtual hearings come with certain...more

TransPerfect Legal

Technology in Arbitration: Thoughts from the 2021 ICC Prague Arbitration Day

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Whilst the world has been physically isolating thanks to the pandemic, lockdown has triggered a sharp increase in online knowledge sharing. I was honoured to speak at such an event recently: the ICC’s Arbitration Day ‘in’...more

Orrick, Herrington & Sutcliffe LLP

The Revision of the IBA Rules on the Taking of Evidence in International Arbitration: Catching Up With Reality

On 15 February 2021, the International Bar Association (the IBA) released its updated Rules on the Taking of Evidence in International Arbitration (the IBA Rules or the Rules).  The updated Rules were adopted on 17 December...more

Hogan Lovells

Talking Point Asia – "You're on mute!" – top tips for when mediation goes virtual

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Mediation has sometimes been described as a bit like marriage counselling. The mediator, like a counsellor, is there to listen to and facilitate discussions between the two parties in an attempt to identify common ground and...more

Bressler, Amery & Ross, P.C.

Prehearing Issues Raised by Virtual Hearings of FINRA Arbitrations

Originally published in American Bar Association - March 15, 2021. The Financial Industry Regulatory Authority (FINRA) has made significant changes to the arbitration process in response to the COVID-19 pandemic. On March 25,...more

Vinson & Elkins LLP

Putting Your Best Foot Forward In A Remote Arbitration

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At the beginning of 2020, arguing hearings and trying cases in a completely remote environment seemed like science fiction. Now, just a year later, courts and litigants have adapted to our new virtual litigation environment....more

Bressler, Amery & Ross, P.C.

Key Takeaways in the Changing Landscape of Dispute Resolution and the New Age of Virtual Trials

On March 9, 2021, Bressler, Amery & Ross, P.C. hosted its inaugural Hearings in Review webinar on The New Age of Virtual Trials. The panel featured Richard Berry, Executive Vice-President and Director, FINRA Dispute...more

JAMS

Five Lessons Learned From My First Virtual Arbitration—Including Be Sure to Wear Sunscreen

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I just finished my first virtual arbitration, which involved a multi-million-dollar dispute between a large medical system and an extensive payer network, two weeks of testimony and hundreds of thousands of pages of...more

Bradley Arant Boult Cummings LLP

A New Tool for Resolving Litigation: The Benefits and Pitfalls of Virtual Mediations

In March of 2020, when state-wide coronavirus lockdowns began in earnest, litigations confronted the fact that practically everything on the schedule — depositions, mediations, and court appearances — had been canceled. To...more

Vinson & Elkins LLP

A Record Number Of Cases And Revised Rules At The ICC Underscore The Increasing Appeal Of Arbitration

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The International Chamber of Commerce’s (“ICC”) preliminary statistics for 2020 reveal a record total of new arbitration and Alternative Dispute Resolution (“ADR”) cases, reflecting the predicted growth in ICC dispute...more

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