Now available on demand For transactional lawyers, the decision to include an arbitration clause is rarely automatic. It requires a careful evaluation of the client’s business, the nature of potential disputes, and the practical realities of resolving them. In this recorded program, To Arbitrate or Not to Arbitrate, That Is the Question, experienced practitioners walk through the key considerations that should guide this decision. Framed around the “who, what, when, where, how, and why” of …
Archives for April 2026
Why Arbitration Depends on Legal Independence
Arbitration and the rule of law are interdependent. Arbitration is a private, contract-based mechanism for resolving disputes. From the merchant guilds of medieval Europe to the arbitration clauses embedded in modern domestic and international contracts, and state-to-state disputes, the practice has thrived because it is perceived as efficient, trustworthy, rule-based, and neutral. (Reprinted with permission from the April 2026 edition of the New Jersey Lawyer Magazine ©2026 New Jersey State …
College of Commercial Arbitrators Files Amicus Brief in D.C. Circuit on Rule of Law Issues
On April 3, 2026, the College of Commercial Arbitrators (CCA) filed an amicus curiae brief in the United States Court of Appeals for the District of Columbia Circuit, addressing issues central to the rule of law and the independence of legal representation. The brief was submitted in connection with ongoing litigation involving several major law firms and executive orders affecting their ability to represent certain clients. In its filing, the College emphasizes a foundational principle of …
What Arbitrators Should Know About the SEC’s Recent Policy Change on Mandatory Arbitration Clauses in Registration Statements
The Securities and Exchange Commission (SEC) recently announced a significant, but controversial, policy change that may lead to more investor claims being arbitrated. As of September 17, 2025, the inclusion of a provision mandating arbitration of investor claims in a company’s corporate documents will no longer impact SEC determinations whether to accelerate the effective date of a registration statement.[1] Here are five things arbitrators should know about this significant …
Subpoenas and Summonses in Arbitration
Congress enacted the Federal Arbitration Act (the “Act” or “FAA”) in 1925 to overcome the antipathy some judges had for private arbitration. The Act provides that an agreement to arbitrate is as enforceable as any other contract. 9 U.S.C. § 2. Any state law saying otherwise is preempted by federal law. Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). One key aspect of the Act was to provide subpoena powers to arbitrators, analogous to powers bestowed on judges. Subpoenas are, …
