Litigators who approach commercial arbitration as they would a courtroom trial often find themselves at a disadvantage. Arbitration operates under different rules, and failing to adapt can weaken your case. The three areas that most litigators fail to understand before commencement is the writing of a narrative demand, the pre-hearing conference collaboration, and the importance of outlining all damages precisely. Mastering these elements is essential to succeed in arbitration. 1. Drafting an …
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Ep. 3 The Paris Olympics Controversy: A Battle for Bronze & the Role of CAS
What happens when an award of an Olympic medal decision is overturned? In this gripping episode of Arbitration Talk, CAS arbitrators Jim Carter and Kristen Thorsness join host Rich Silberberg to unpack the most highly disputed medal award of the Paris 2024 Olympics. A protest over scoring in the women’s gymnastics floor exercise event final led to a shocking series of reversals, leaving three athletes in limbo and setting the stage for a controversial ruling by the Court of Arbitration …
Ep. 2 CAS, Doping Scandals & Shocking Cases!
Are you familiar with the use of tainted burrito and kissing defenses to potentially disqualifying doping charges? Or the shattering of an Olympic athlete’s dreams by a paperwork error? In this episode, CAS arbitrators Jim Carter and Kristen Thorsness and dive deep into real cases they have heard, decided, and followed over the years—some that made headlines, and others that were no less heart breaking that remained in the shadows. Whether arising on site at thethe …
Ep. 1 Demystifying the Court of Arbitration for Sport
Welcome to CCA Arbitration Talk – the podcast of the College of Commercial Arbitrators (CCA), the pre-eminent professional organization in the field of commercial arbitration. This podcast series explores the world of commercial arbitration, including its advantages, challenges, and impact upon today's legal landscape. What happens when a high-stakes dispute arises in international athletic events? Enter the Court of Arbitration for Sport (CAS)—the ultimate decision-maker in global …
College of Commercial Arbitrators Launches ‘CCA Arbitration Talk’ Podcast with Three Inaugural Episodes
Austin, TX – The College of Commercial Arbitrators (CCA) is proud to announce the launch of its highly anticipated podcast, CCA Arbitration Talk. This new series aims to demystify the world of commercial arbitration and explore its advantages, challenges, and profound impact on today’s legal landscape. The CCA Arbitration Talk podcast series is geared to a wide audience of listeners, including individuals and businesses currently using or contemplating the use of commercial arbitration to …
College of Commercial Arbitrators Expands Mentorship Program to Foster Future Leaders in Commercial Arbitration
AUSTIN, TX – The College of Commercial Arbitrators (CCA), a leading professional organization dedicated to advancing excellence in commercial arbitration, is proud to announce the launch of the fourth year of its highly regarded mentorship initiative. Building on the success of previous years, the CCA is expanding its mentorship opportunities for two additional years to accommodate an increasing number of emerging arbitrators eager to refine their skills and deepen their expertise in commercial …
The College of Commercial Arbitrators Welcomes Six New Fellows into its Prestigious Fellowship
AUSTIN, TX – The College of Commercial Arbitrators (CCA), a professional, collegial organization established in 2001, announces the induction of six new fellows into its FELLOWSHIP. The CCA is an invitation-only organization that promotes best practices, standards of conduct, and ethics in the field of commercial arbitration in the US and internationally. The class of 2024 includes Steven M. Bauer (Boston, Massachusetts), Loretta M. Gastwirth (Mineola, New York), Hon. Michael …
SCOTUS Holds That Transportation Worker Need Not Work in Transportation Industry to Qualify for FAA Section 1 Exemption
On April 12, 2024, in Bissonnette v. LePage Bakeries St., LLC (“Bissonnette”), the U.S. Supreme Court unanimously resolved a split in the U.S. Courts of Appeal concerning the scope of the exemption in Section 1 of the Federal Arbitration Act (“FAA”) for "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce." Last Term, in Southwest Airlines Co. v. Saxon (“Saxon”), SCOTUS had held that “any class of workers directly …
Arbitration as a Settlement tool after Impasse in Mediation
Can a hand-tailored ad hoc arbitration be used to resolve an impasse in mediation? Mediations is often successful in clarifying and resolving some of the disagreements between the parties, but after 90% of the work is done, an impasse may arise that threatens to derail the prospects of settlement. Mediators have shared many ideas about how to overcome such impasses, however, less frequently considered is the use of an arbitration to resolve the limited issues that are preventing …
Appeals Court Swats Party Who Cheated in Arbitration
A CCA Blog: The Aardvark* It has been a while since you heard from me, but a recent case caught my attention. In Nuvasive, Inc. v. Absolute Medical, LLC, No.22-10214, the 11th Circuit affirmed a district court’s decision to overturn an arbitration award more than three months after the statutory deadline to challenge the award. It turned out that one of the respondents was coaching the witness who was testifying by video conference, by …
