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 …
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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 …
College of Commercial Arbitrators Opens Applications for Associate Mentorship Program Focused on Building the Next Generation of Elite Arbitrators
AUSTIN, TX – In a profession where experience is essential, but opportunity can be difficult to access, the College of Commercial Arbitrators (CCA) is once again opening the door for emerging arbitrators ready to build lasting, high-quality careers in commercial arbitration. The CCA has opened applications for its 2026–2028 Associate Mentorship Program, a highly selective, two-year initiative designed to address one of the most persistent challenges in the field: how talented commercial …
Beware Of Generative AI
Experienced arbitrators and counsel well know that the FAA provides that an award may be vacated where it was procured by “undue means,” or the arbitrator was guilty of “misbehavior,” or “imperfectly executed” his or her powers. 9 U.S.C. § 10 (a)(1), (3), and (4). If you have thought to yourself that “nothing like that will ever happen to me,” using generative AI should make you think again as illustrated by three 2025 appellate cases in which non-existent cases were cited. In Kohls v. …
CCA Webinar – Building for Production: Enabling Meaningful AI Integration in Practice
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The Use of ClearBrief
Several months ago, the American Arbitration Association gave its panelists free access to ClearBrief, an AI tool specifically designed for lawyers and arbitrators. It's a closed system. Thus, there's no danger that documents fed into it ever become part of the worldwide web that is then scraped for use in open AI tools like ChatGPT or Perplexity. I signed up for ClearBrief and have used it in my practice. Here's a summary of my experience. Training ClearBrief has offered …
2025 Best Practices and New Ideas in Case Management
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