Courts are overwhelmed. Courts are funded by taxpayer dollars and are, in the time a pandemic, not a priority for additional funding. Since COVID, many courts have shut down except for maintaining essential functions of handling criminal matters, domestic violence, custody rulings and those explosive public matters that require immediate attention. The courts, for compelling reasons, back-burner commercial disputes. Commercial disputes are of the parties own making, and, almost by …
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CCA 2020 Town Hall II
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Technology Arbitration Revisited
Technology arbitration has undergone rapid growth and evolutionary development in the past decade. In 2010, the words “technology” and “arbitration” were rarely found together in the same sentence. Today, in 2020, technology arbitration is widely accepted and routinely relied upon—both in the U.S. and internationally—for resolution of a broad spectrum of technology-related disputes. (Published in the AAA Dispute Resolution Journal, July 2020, Vol. 74, No. 4.) …
Arb-Med: Workable or Worrisome?
Mixed-mode dispute resolution is becoming more common as parties endeavor to structure processes that provide optimal (and sometimes multiple) opportunities to resolve disputes. There are many different ways to structure mixed-mode dispute resolution processes. (Published in the NYSBA New York Dispute Resolution Lawyer, Fall 2019, Vol. 12, No. 2.) …
It’s Never Too Late to Arbitrate – The Case for Mid-Suit Arbitration Agreements
The benefits of incorporating arbitration provisions in commercial contracts are well-established. Often overlooked, however, are the advantages of agreeing to arbitrate disputes after the inception of a lawsuit filed in court. (Published in the NYSBA New York Dispute Resolution Lawyer, Fall 2018, Vol. 11, No. 2.) …
The Litigation of Arbitration: Five From The Fifth Circuit In 2020
Despite nearly a century having passed since the adoption of the Federal Arbitration Act ("FAA") to ensure the enforcement of arbitration agreements, the enforcement of arbitration provisions continues to be frequently litigated. Since 2015, the Supreme Court has decided at least six cases regarding the interpretation of the FAA. And in the first half of 2020 alone, the United States Fifth Circuit issued a number of opinions enforcing arbitration awards and provisions. (As published in The …
Can a Commercial Arbitrator Demand a Virtual Hearing?
In light of social distancing required by COVID-19 and the uncertainty as to when it will be safe to congregate in person again, questions abound as arbitrators navigate the shift toward a new digital normal. (As published in The National Law Journal, May 20, 2020.) …
Congratulations and Welcome New Fellows Class of 2020!
Congratulations New Fellow class of 2020 and welcome to CCA! Hiro N. Aragaki - Los Angeles, CAHon. Ariel E. Belen (Ret.) - New York, NYMaureen Beyers - Phoenix, AZStephen L. Drymer - Montreal, QC, CanadaKabir A.N. Duggal, Ph.D. - New York, NYJonathan W. Fitch - Boston, MACecilia Flores Rueda - Mexico City, CDMX, MexicoAngela Foster, Ph.D. - North Brunswick, NJHon. James T. Giles (Ret.) - Philadelphia, PACarol E. Heckman - Buffalo, NYJack P. Levin - Brooklyn, NYRonald S. Longhofer - Plymouth, …
CCA is a Platinum Sponsor of the 2020 ABA-DR Section Virtual Conference
CCA is pleased to be a Platinum Sponsor of the 22nd Annual ABA Section of Dispute Resolution Spring Virtual Conference, and is proud to have many Fellows contributing to the programs and presentations over the course of the event. The ABA Dispute Resolution Section’s 22nd Annual Spring Conference will be virtual this year due to the COVID-19 situation. The Virtual Conference runs May 18-22, 2020 and offers 16.25 hours of live and recorded CLE programs on arbitration, mediation, negotiation …
CCA 2020 Town Hall
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