In 2025 and 2026, we celebrate the centenary of the Federal Arbitration Act and the birth of the American Arbitration Association. These tandem events are no coincidence. These twin celebrations present the rare opportunity to examine the relationship and recognize the central contribution of visionary and strategic New York lawyers to today’s vastly expanded world of alternative dispute resolution that was built on the foundation they established. (Reprinted with permission from the April …
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Webinar: To Arbitrate or Not to Arbitrate, That Is the Question
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 …
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 …
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, …
Single-Neutral Dual-Role Processes – Workable or Worrisome Redux
Most of the literature concerning mixed mode and hybrid processes describe situations in which different neutrals – one serving as an arbitrator and another as a mediator – participate in the resolution of the case. These procedures can be employed concurrently or sequentially. This article is devoted to a different type of mixed mode or hybrid process, one in which a single neutral performs dual roles – as both an arbitrator and a mediator – in the same proceeding. (Reprinted by …
Fixing ‘Unfixable’ Errors in Arbitration Awards
In the courts, when judges make mistakes, there are mechanisms for those mistakes to be corrected—motions for reconsideration and appeal. These are not available in arbitration. The ancient doctrine of functus officio removes the arbitrator’s power to act once the final award issues. (Reprinted with permission from the February 18, 2026 edition of the New York Law Journal ©2026 ALM Global Properties, LLC. All rights reserved. Further duplication without permission is …
Designing Business Disputes – How Shall We Fight?
Even when business people have no contractually prescribed method for working out their differences and seem headed for court, they can take a pause and design an approach, including mediation, a tailored form of arbitration, or a suitable hybrid. This can save them time, money, and a lot of aggravation, but it requires some intention and knowledge of the possibilities. This article describes some of those alternatives and gives examples of how disputing parties have implemented them to …
Should I Use Generative AI as an Arbitrator?
Artificial Intelligence (AI), particularly generative AI, has arrived in arbitration, whether we invited it in or not. Counsel is using it to summarize documents, draft outlines, and test arguments. Some arbitrators are understandably curious about whether (and how) it can assist with facilitating efficient and fair proceedings. The anxiety surrounding AI in arbitration is often framed in dramatic terms: loss of control, compromised neutrality, or “robots deciding cases.” The risk is far more …
Feliu Case Summaries, February 2026
Prepared by Alfred Feliu, a Fellow of the College of Commercial Arbitrators, the Feliu Case Summaries (February 2026) provide a practical snapshot of notable, recent decisions shaping arbitration and ADR across U.S. federal and state courts. Organized by topic, the digest highlights key developments affecting arbitration agreements, threshold jurisdictional disputes, delegation and waiver arguments, unconscionability challenges, class and representative action issues, hearing and evidentiary …
