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 …
News & Insights
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 …
Subpoenas and Summonses in Arbitration
Congress enacted the Federal Arbitration Act (the “Act” or “FAA”) in 1925 to overcome the antipathy some judges had for private arbitration. The Act provides that an agreement to arbitrate is as enforceable as any other contract. 9 U.S.C. § 2. Any state law saying otherwise is preempted by federal law. Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). One key aspect of the Act was to provide subpoena powers to arbitrators, analogous to powers bestowed on judges. Subpoenas are, …
Single-Neutral Dual-Role Processes – Workable or Worrisome Redux
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 …
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 …
