Variations of the quote “It is not the strongest of the species that survives, nor the most intelligent that survives. It is the one that is most adaptable to change,” are often attributed to Charles Darwin. Those may have not been Darwin’s exact words but the point stands that survival requires adaptation. That stands true in the world of commercial arbitration as well. For decades, parties, counsel and arbitrators have enjoyed the benefits provided by arbitration, among those: relatively …
News & Insights
Why In-House Counsel Must Drive the Arbitrator Selection Call
Your team spent weeks—maybe months—negotiating an important transaction. Someone, possibly not the deal lawyers, chose arbitration over the courts as a last-minute clause before signing. Now a dispute has arisen, arbitration is looming, it may last more than a year at significant cost, and you must select an arbitrator. Outside counsel will present candidates, and your instinct may be to defer to them—but don’t. Selecting an arbitrator isn’t a legal formality. It’s the equivalent of hiring …
The Silicon Arbiter: AI-Generated Arbitration Awards and the Federal Arbitration Act – Part II
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 …
What Arbitrators Actually Think About Your Expert
Republished with permission from JAMS. What is and is not effective expert testimony Unlike a jury, an arbitrator is rarely seeing anything for the first time. That changes everything. Experienced arbitrators have heard hundreds of experts — they recognize the theater, they spot the evasions, and they dislike witnesses who sacrifice credibility for advocacy. The qualities that make an expert effective before an arbitrator are not always the same qualities that resonate with a jury. Over …
Feliu Case Summaries, June 2026
Prepared by Alfred Feliu, a Fellow of the College of Commercial Arbitrators, the Feliu Case Summaries (June 2026) provide a practical snapshot of notable, recent decisions shaping arbitration and ADR across U.S. federal and state courts. Organized by topic, the digest highlights key developments affecting arbitration agreements, threshold jurisdictional disputes, delegation and waiver arguments, unconscionability challenges, class and representative action issues, hearing and evidentiary …
College of Commercial Arbitrators Announces 2026–2028 Associates Class as Demand Grows for Diverse, Practice-Ready Arbitrators
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 …
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 …
Ahead of May 14 Hearing, College of Commercial Arbitrators Raises Concerns Over Government Actions Targeting Law Firms
Organization offers expert voices on implications for rule of law and dispute resolution Austin, TX — May 11, 2026 — As the U.S. Court of Appeals for the District of Columbia Circuit prepares to hear oral arguments on May 14 in Perkins Coie LLP v. U.S. Department of Justice et al., the College of Commercial Arbitrators (CCA) is raising concerns about the broader implications of government actions targeting law firms and their clients. The case centers on Executive Orders directing federal …
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 …
