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 …
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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 …
CCA Congratulates and Welcomes the New Fellows Class of 2026!
CCA welcomes 14 new Fellows in 2026. More information about our latest class will be coming soon! Ryan B. Abbot (New York, New York) Leslie A. Berkoff (New York, New York) J. Brian Casey (Toronto, Ontario, Canada) James D. Curphey (Columbus, Ohio) Fred Fucci (New York, New York) Mélida N. Hodgson (New York, New York) William D. Johnston (Wilmington, Delaware) Diana Kruze (San Francisco/Truckee, California) Jiyun C. Lee (San Francisco, California) Joel Richler …
Commentary: Why Arbitrators Could Not Stay Silent
There is a well-known confession attributed to Pastor Martin Niemöller, the German clergyman who survived the Nazi concentration camps. He described, with devastating simplicity, how he said nothing when the Nazis came for the socialists, said nothing when they came for the trade unionists, said nothing when they came for the Jews — and then found, when they came for him, that there was no one left to speak. The College of Commercial Arbitrators cited that confession in the amicus brief it filed …
A Report on Corporate Counsel Arbitration Preferences
This report summarizes the results of a survey of corporate counsel from leading U.S. companies attending the 2026 CPR Annual Meeting in Coronado, California. The survey was conducted in collaboration with the College of Commercial Arbitrators during the authors’ interactive Feb. 13 program, “Corporate Counsel Vote!” The voting was conducted confidentially by electronic polling in a closed session of about 20 corporate counsel, all of whom are well informed and actively involved in arbitration …
The Silicon Arbiter: AI-Generated Arbitration Awards and the Federal Arbitration Act – Part I
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 …
The Federal Arbitration Act at 100 and the New York Connection
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 …
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 …
