CCA Fellow Leslie Berkoff examines how active case management can prevent arbitration from becoming as costly and protracted as litigation. She describes the “muscular arbitrator” not as aggressive or inflexible, but as an arbitrator who establishes clear expectations, limits unnecessary discovery and motion practice, conducts focused hearings, and issues timely awards. Berkoff emphasizes that efficiency must always be balanced with procedural fairness. Through disciplined management and …
Archives for October 2026
A Trial Lawyer’s Guide to Vacatur
CCA Fellow Dana Welch provides a practical guide to challenging an arbitration award, a process with narrow legal grounds and low odds of success. She examines when vacatur may be warranted under the Federal Arbitration Act or California Arbitration Act, including fraud, arbitrator bias, procedural misconduct, exceeding arbitral authority, and manifest disregard of the law. Welch also underscores the importance of determining which law governs and acting quickly, since the deadline to …
Arbitration: A True Litigation Alternative
Can arbitration offer a better path to resolving a business dispute even when the parties’ contract contains no arbitration clause? In “Arbitration: A True Litigation Alternative,” CCA Fellow Roy L. De Barbieri and co-author Robert Harris examine an often-overlooked option: agreeing to arbitrate after a dispute arises, including when litigation is already underway. Published in the July/August 2026 issue of CT Lawyer, the article explores why post-dispute arbitration remains uncommon. The …
