CCA Fellow Theo Cheng examines how the U.S. Supreme Court’s decision in Trump v. CASA, Inc. may affect the perceived value of injunctive relief in arbitration. Although arbitral tribunals can issue effective interim and emergency relief, their authority generally extends only to the parties before them—a limitation traditionally viewed as a disadvantage compared with federal courts. By restricting federal courts’ ability to issue nationwide injunctions benefiting nonparties, CASA narrows that …
Archives for September 2026
CCA Webinar – From Record to Reasoned Award: How Arbitrators Can Put Clearbrief to Work
Mock Exercises for Commercial Arbitrations
I have previously written about the value of mock exercises for lawyers preparing for trials or appellate arguments (see “What Mock Exercises Reveal that Briefs Cannot” New York Law Journal April 2, 2026*). The point I made is that mock exercises are invaluable because they provide the lawyers with the opportunity to test their arguments before an experienced former judge or experienced litigator. The mock judge asks tough questions and forces the attorneys to focus on the strengths …

