While hunkering down and avoiding freezing weather, the Aardvark* came across an important arbitration case where the Supreme Court granted certiorari on January 12 of this year on the following issue: Whether Section 3 of the Federal Arbitration Act requires district courts to stay a lawsuit pending arbitration, or whether district courts have discretion to dismiss when all claims are subject to arbitration. Section 3 references staying the court proceeding, but many …
Archives for January 2024
CCA Webinar – Filling the Potholes: How to Avoid Errors That May Lead to Vacatur
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CCA Webinar – The Role of The Chair Arbitrator
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Guiding the Way Through A.I. in Arbitration
Artificial intelligence (“A.I.”) is the hot topic of the day. A.I. holds the potential to dramatically change our lives - for better or worse - as it rapidly develops and is implemented in new ways. A.I. is already used by parties, counsel, experts and Arbitrators for tasks ranging from selecting arbitrators, to analyzing documents, to researching the law, to [oh no!] drafting briefs, orders and awards. Sometimes the generated results are painfully wrong, producing so-called hallucinations, …
Select Your Decision Maker! (Part II)
The Aardvark* commented in the initial installment of its “Select Your Decision Maker” post that the principal advantage of commercial arbitration is party autonomy and self-determination, as best illustrated by the disputants’ ability to select the person who will hear and decide their dispute. As part of its continuing “debunkery” mission to set the record straight about the advantages that commercial arbitration offers over litigation, the Aardvark asks and answers the following two …