I hardly come out of my burrow,* and then only at night, so I was pretty interested to hear about a recent federal appellate decision holding that arbitration subpoenas in the US have nationwide scope. That’s the outcome in Jones Day v. Orrick, 42 F. 4th 1131 (9th Cir. 2022), a recent decision regarding an arbitration between two big law firms. The Ninth Circuit ruled that arbitration subpoenas have nationwide scope. So what’s this all about? Well, we all know that …
News & Insights
CCA Launches New Mentorship Opportunity
The CCA Associates Program Aims to Increase Diversity in the Alternative Dispute Resolution Field The College of Commercial Arbitrators (CCA), a professional, collegial organization established in 2001, that celebrates and advocates excellence in the field of commercial arbitration – in the US and internationally – opens registration for a new and rare mentorship opportunity. The CCA designed its Associates Program to share the Fellows’ highest standards of ethics and professional conduct …
CCA Congratulates and Welcomes the New Fellows Class of 2022!
CCA welcomes 20 new Fellows in 2022. More information about our latest class will be coming soon! David M. Benck (Birmingham, AL) John J. Buckley, Jr. (Washington, DC) Mark J. Bunim (New York, NY) Henry G. Burnett (Miami, FL) Theodore K. Cheng (Princeton Junction, NJ) Mark C. Friedlander (Chicago, IL) Thomas P. Hanrahan (Manhattan Beach, CA) Benjamin Hughes (Singapore) David H. Lichter (Aventura, FL) Kathleen D. Paisley (Miami, FL) Elizabeth Penn …
Arbitration is Efficient! US Supreme Court Rejects Foreign Discovery Requests in International Arbitration
A CCA Blog: The Aardvark* My friends on the US Supreme Court unanimously agreed this week that parties in foreign arbitrations cannot ask US courts for discovery. The Supreme Court’s opinion in ZF Automotive US, Inc., et al. v. Luxshare, Ltd., and AlixPartners, LLP, et al. v. Fund for Protection of Investors' Rights in Foreign States (June 13, 2022) settled a dispute among the US Circuits over whether 28 USC 1782, a statute providing for foreign court assistance, applied in …
CCA Associates Mentorship Program – Class of 2022
Meet the 2022 CCA Associates Scott L. Evans (Shareholder, Buchalter) – Scott resides in Denver, Colorado where he has practiced commercial litigation for over 25 years. He has specific experience litigating cannabis and hemp matters, soft IP issues, real estate matters, employment contracts, and Financial Industry Regulatory Authority (FINRA) disputes. Mr. Evans also has a significant white collar and in-house investigations practice. His clients have included financial …
Convincing Your Arbitrators to Authorize the Discovery You Really Need in Your Commercial Arbitration
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What You Don’t Know Can Hurt You: The Hidden Impacts of Unconscious Bias
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2022 Virtual Arbitration Report to CCA
In connection with a presentation by a panel of CCA Fellows at the Spring Meeting of the ABA Dispute Resolution Section, the College surveyed its membership seeking the individual and collective experiences and opinions of the Fellows regarding arbitrations conducted in whole or in part through remote video technology (‘virtual arbitrations’). This is a preliminary summary of the results of that survey. (April 2022) *The views expressed are those of the author and do not necessarily …
The Many Good Things About Commercial Arbitration
Recently, the Washington Post published a story that referenced the concept of “negative memories.” The story noted that humans tend to notice the negative more than the positive and are more likely to remember negative experiences versus the positive. This story resonated with me, primarily because I have recently received reports or examples of public criticism of the arbitration process. For example, the Miami Dolphins NFL football team demanded claims by former coach Brian …
CCA Fellows Know About Mockingbirds and Other important Things
Fellows of the College of Commercial Arbitrators are knowledgeable and highly skilled, and that arbitration parties and their advocates routinely entrust College Fellows with their most important disputes. A recent public report of an arbitration award issued by College Fellow Richard H. Silberberg provides a case in point. We are all familiar with the famous novel, To Kill a Mockingbird, written by Harper Lee, which was developed into an Academy Award-winning motion picture starring …