(This article has been posted on SSRN and accepted for publication in a forthcoming edition of the Harvard Negotiation Law Review). View this article online at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3689389 *The views expressed are those of the author and do not necessarily reflect the views of CCA or any other organization. …
News & Insights
The Efficient Arbitrator – In the Post-Pandemic Age
Intro – Arbitration in the Post-Pandemic Era: Much has been said of efficiency in arbitration, including the need to appropriately balance time and cost efficiency with a process ensuring a fair and just result. The COVID-19 pandemic has ushered in the adoption of new technologies in arbitration, along with new protocols and practices, that merit re-examination of efficiency in arbitration. This article addresses what it takes to be an efficient arbitrator in the post-pandemic …
CCA/IMI/Straus Institute Mixed Mode Task Force
By CCA Fellow Laura Kaster The CCA has been actively engaged for several years in the Task Force on Mixed Mode Processes that is a combined effort of the College, the Straus Institute of Dispute Resolution of Pepperdine Law School, and the International Mediation Institute. The Dispute Resolution Section of the NYSBA's journal, the New York Dispute Resolution Lawyer, recently published multiple articles on this project summarizing some of this future facing work of the Task Force working …
CCA Congratulates and Welcomes the New Fellows Class of 2021!
CCA welcomes 12 new Fellows in 2021. Learn more about them below. Click here to see their official introductions at the CCA 21st Annual Meeting. Gail A. Andler served as a former California Superior Court judge in Orange County for 22 years, including ten years on the Complex Civil Case Panel. She joined JAMS in 2017. She is a past President of the American College of Business Court Judges. She is very active in the Business Law Section of the ABA, including serving as Chair …
Summoning Third Party Witnesses
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Aerospace Industry Disputes
According to Merriam Webster, the term “aerospace” first appeared in 1958, the year after the first satellite was launched into space and commercial jet transportation became mainstream with the introduction of Boeing 707 flights by Pan American World Airways. Today the aerospace industry may be defined as “the industry that deals with travel in and above the Earth’s atmosphere and with the production of vehicles used in such travel.” The worldwide aerospace industry, including both civilian …
American Bar Association Endorses Commercial Arbitration
As a commercial arbitrator, I am sometimes asked by folks—including many lawyers-- whether there really are any advantages to resolving disputes through arbitration. I hear, “is it really any better than litigating in court?” I then launch into my elevator pitch on why commercial arbitration is more efficient and cost-effective than court litigation. Now, however, I can simply cite to the American Bar Association’s conclusion, after an in-depth study, that commercial arbitration is indeed a …
2021 Amendments to the International Dispute Resolution Procedures – Effective March 1, 2021
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Arbitration Cases (I Wish I Had Mediated), Mediation Cases (I Wish I Had Arbitrated) and Applying Arbitral Skills in Mediation
(This article first appeared in the April 2021 issue of the Pennsylvania Bar Association ADR Newsletter). Justice may be blind, but it is not always just. An order in a child custody battle may not serve the interests of the children and likely does not promote harmony between warring parents who must negotiate lifelong relationships with each other because of those children. An order in a will contest will settle the distribution of the estate, but will likely harm the …
Root, Hog or Die: Arbitration Adaption in a Pandemic
In our last Blog entry, the Author wrote of the necessity of arbitrators, lawyers, arbitral institutions -- indeed, the entirety of the arbitration profession -- to adapt to the new day that has been brought about by COVID-19 and its impact on every facet of everyday life. His message was straightforward -- as arbitrators and as consumers of arbitration services -- we must adapt to the new reality of online arbitration proceedings or perish. In other words, “Root, hog or …
