CCA welcomes 12 new Fellows in 2021. Learn more about them below. Click here to see their official introductions at the CCA 21st Annual Meeting. Gail A. Andler served as a former California Superior Court judge in Orange County for 22 years, including ten years on the Complex Civil Case Panel. She joined JAMS in 2017. She is a past President of the American College of Business Court Judges. She is very active in the Business Law Section of the ABA, including serving as Chair …
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Summoning Third Party Witnesses
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Aerospace Industry Disputes
According to Merriam Webster, the term “aerospace” first appeared in 1958, the year after the first satellite was launched into space and commercial jet transportation became mainstream with the introduction of Boeing 707 flights by Pan American World Airways. Today the aerospace industry may be defined as “the industry that deals with travel in and above the Earth’s atmosphere and with the production of vehicles used in such travel.” The worldwide aerospace industry, including both civilian …
American Bar Association Endorses Commercial Arbitration
As a commercial arbitrator, I am sometimes asked by folks—including many lawyers-- whether there really are any advantages to resolving disputes through arbitration. I hear, “is it really any better than litigating in court?” I then launch into my elevator pitch on why commercial arbitration is more efficient and cost-effective than court litigation. Now, however, I can simply cite to the American Bar Association’s conclusion, after an in-depth study, that commercial arbitration is indeed a …
2021 Amendments to the International Dispute Resolution Procedures – Effective March 1, 2021
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Arbitration Cases (I Wish I Had Mediated), Mediation Cases (I Wish I Had Arbitrated) and Applying Arbitral Skills in Mediation
(This article first appeared in the April 2021 issue of the Pennsylvania Bar Association ADR Newsletter). Justice may be blind, but it is not always just. An order in a child custody battle may not serve the interests of the children and likely does not promote harmony between warring parents who must negotiate lifelong relationships with each other because of those children. An order in a will contest will settle the distribution of the estate, but will likely harm the …
Root, Hog or Die: Arbitration Adaption in a Pandemic
In our last Blog entry, the Author wrote of the necessity of arbitrators, lawyers, arbitral institutions -- indeed, the entirety of the arbitration profession -- to adapt to the new day that has been brought about by COVID-19 and its impact on every facet of everyday life. His message was straightforward -- as arbitrators and as consumers of arbitration services -- we must adapt to the new reality of online arbitration proceedings or perish. In other words, “Root, hog or …
Wait, What Happened? Recent Developments Affecting Commercial Arbitration You May Have Missed
We all try to stay on top of developments in the commercial arbitration field. Most can confidently recite the holdings from recent key Supreme Court decisions and a sprinkling of other notable or notorious rulings. But for most of us our busy schedules stand in the way of keeping up with the rapid pace of developments in the ever-evolving world of commercial arbitration. The tidal wave of case law developments has multiple drivers. Certainly, the Supreme Court’s enduing embrace of the …
It Is Not the Strongest of the Species that Survives But the Most Adaptable: The Case For Online Commercial Arbitration
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 …
Commercial Arbitration Is Alive and Well
One hundred years after adoption of what is now Article 75 of the New York CPLR and, soon thereafter, passage of the Federal Arbitration Act, the benefits of arbitrating commercial disputes are generally known and widely accepted in the business community. Arbitration disputes on average are concluded far more quickly and efficiently than court litigation. A study reported by the American Arbitration Association compared the average duration of arbitrations conducted under AAA auspices with …