Recent Developments in California's Arbitration Landscape — FCRA Focus Podcast
Employment Law Now VIII-156 - The Art, Skill, and Strategy of Mediation
TortsCenter Podcast | Episode 7 | Fair Game: Diving into Sports ADR
AGG Talks: Cross-Border Business Podcast - Episode 14: Resolving Cross-Border Conflicts Through International Arbitration
Through the Lens: Advancing through adversity with a hard working and multifaceted approach - Focus on Ann Marshall
Law Brief®: Jonathan Temchin and Richard Schoenstein Explore Arbitration
While Courts Are Backlogged, Arbitration May Be an Ideal Alternative
VIRTUAL ADR UPDATE – TECHNOLOGY, CYBERSECURITY AND UNIQUE ISSUES PRESENTED BY HON. JOHN P. DIBLASI
Law.com Webinar: Our New Reality – Virtual ADR Is Here and Ready to Assist Attorneys in Resolving Disputes
Balado Continuité – Audiences 2.0 : défis et solutions en litige commercial
What is arbitration?
Polsinelli Podcasts - Protecting Policy Holders From Arbitration Bias
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
“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
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
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