News & Insights

Where a party needs immediate legal relief, emergency arbitration can often provide it.   I will first discuss the emergency arbitration process, particularly its historic roots and what the process constitutes in the context of the AAA Commercial Rules, and then describe an actual emergency arbitration I handled this past summer for the ICDR in an international IP dispute. Generally speaking, a disputant often requires immediate ("interim") relief whenever its counter-disputant unilaterally …

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In-house attorneys tend to confront questions about arbitration at two discrete junctures: during the contract-ing process and at the onset of a dispute. A company is best served when its in-house counsel plays a proactive role at these and at every other stage of the process. During the contracting process, the in-house attorney often needs to address so many mixed business and legal questions that the dispute resolution clause sometimes gets very little attention. …

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Last November, The New York Times ran three front-page articles and a follow-up editorial excoriating companies who force their customers and employees to waive their right to proceed in court and instead have their disputes decided in arbitration proceedings where the deck is stacked against them. The articles brought to light that in certain cases the arbitrators who issued final and binding deci-sions had financial ties to those businesses and, as such, were anything but neutral—something …

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