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 …
News & Insights
The Mexican Judicial Reform: Why Businesses Are Turning to Arbitration
Mexico is experiencing one of the most significant institutional transformations in its modern legal history. The judicial reform approved in 2024 fundamentally changes the composition of the federal judiciary by introducing the popular election of judges, magistrates, and Supreme Court justices. While supporters argue that the reform will increase democratic accountability, many participants in the business community have expressed concerns about its potential impact on judicial independence, …
Why In-House Counsel Must Drive the Arbitrator Selection Call
Your team spent weeks—maybe months—negotiating an important transaction. Someone, possibly not the deal lawyers, chose arbitration over the courts as a last-minute clause before signing. Now a dispute has arisen, arbitration is looming, it may last more than a year at significant cost, and you must select an arbitrator. Outside counsel will present candidates, and your instinct may be to defer to them—but don’t. Selecting an arbitrator isn’t a legal formality. It’s the equivalent of hiring …
The Silicon Arbiter: AI-Generated Arbitration Awards and the Federal Arbitration Act – Part II
The emergence of artificial intelligence (AI) systems has made urgent a question that would have seemed absurd to the drafters of the Federal Arbitration Act (FAA): whether algorithms might generate binding arbitral awards without human involvement. This two-part article concludes that, under the FAA as currently written, such awards cannot be enforced. Yet this article does not end with a negative prognosis for AI’s place in arbitration. Instead, it makes suggestions for legislative reform …
What Arbitrators Actually Think About Your Expert
Republished with permission from JAMS. What is and is not effective expert testimony Unlike a jury, an arbitrator is rarely seeing anything for the first time. That changes everything. Experienced arbitrators have heard hundreds of experts — they recognize the theater, they spot the evasions, and they dislike witnesses who sacrifice credibility for advocacy. The qualities that make an expert effective before an arbitrator are not always the same qualities that resonate with a jury. Over …
The Venezuela Dispute Resolution Conundrum
In “The Venezuela Dispute Resolution Conundrum,” Marc J. Goldstein examines the complex legal and political risks facing energy and mining companies considering new investments in Venezuela. He focuses on OFAC’s June 2026 General Licenses, which require contracts to be governed by the laws of a U.S. jurisdiction and related dispute resolution proceedings to occur in the United States, United Kingdom, France, or Singapore. The commentary explores how political instability, future governmental …
Feliu Case Summaries, June 2026
Prepared by Alfred Feliu, a Fellow of the College of Commercial Arbitrators, the Feliu Case Summaries (June 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 …
Venezuela Six Months Later: An Update for the Arbitration Community
In “Venezuela Six Months Later: An Update for the Arbitration Community,” the author examines how Venezuela’s evolving political and economic landscape could affect international arbitration, foreign investment, and the country’s efforts to rebuild its energy sector. The commentary explores the positions of major oil companies, including ExxonMobil, Chevron, ConocoPhillips, and Repsol, while considering the continuing significance of unpaid arbitral awards and judgments arising from earlier …
College of Commercial Arbitrators Announces 2026–2028 Associates Class as Demand Grows for Diverse, Practice-Ready Arbitrators
New Class Reflects Expanding National Pipeline of Next-Generation Arbitration Talent AUSTIN, TX – At a time when businesses and law firms are increasingly seeking highly qualified arbitrators with diverse professional backgrounds and real-world industry experience, the College of Commercial Arbitrators (CCA) has announced the four professionals selected for its highly competitive 2026–2028 Associates Mentorship Program. Now entering its fifth class, the CCA Associates Mentorship Program …
Arbitrating the Mediated Term Sheet
By Renee Gerstman Congratulations! The mediation was successful and the parties executed a term sheetsetting forth the substantive terms to be included in a formal definitive agreement. The parties,intending the term sheet to be binding despite lack of executed final settlement documents,1include a sentence providing that the mediator will resolve any disputes regarding the mediatedterm sheet. In the process of finalizing the settlement agreement a dispute arises, and the mediator isasked …
