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. Read More
Commercial arbitration is flourishing in New York because parties voluntarily agree that arbitration is the preferred method for addressing and resolving disputes that may arise from their contractual relationships. For a wide range of reasons, the freedom of contracting parties to make that choice is a good thing. Read More
At the request of several of our Fellows who practice internationally, the Executive Committee set out several years ago to try to find a set of post-nominal letters for Fellows to use to indicate their… Read More
Blockchain-based distributed (shared) ledgers (“Blockchain Ledgers”) provide an immutable, secure, and tamper-evident alternative to conventional transactional modalities,1 one which also yields enhanced accountability, traceability, and transparency. (Published in the AAA Dispute Resolution Journal, October 2020, Vol. 74, No. 4.) Read More
What are the benefits of private arbitration, and have they only been enhanced in the time of COVID? The benefits have only grown. Here is what I have observed that is new. Read More
Technology arbitration has undergone rapid growth and evolutionary development in the past decade. In 2010, the words “technology” and “arbitration” were rarely found together in the same sentence. Today, in 2020, technology arbitration… Read More
Mixed-mode dispute resolution is becoming more common as parties endeavor to structure processes that provide optimal (and sometimes multiple) opportunities to resolve disputes. There are many different ways to structure mixed-mode dispute resolution processes. Read More
The benefits of incorporating arbitration provisions in commercial contracts are well-established. Often overlooked, however, are the advantages of agreeing to arbitrate disputes after the inception of a lawsuit filed in court. (Published in the… Read More
Despite nearly a century having passed since the adoption of the Federal Arbitration Act (“FAA”) to ensure the enforcement of arbitration agreements, the enforcement of arbitration provisions continues to be frequently litigated. Since 2015,… Read More
In light of social distancing required by COVID-19 and the uncertainty as to when it will be safe to congregate in person again, questions abound as arbitrators navigate the shift toward a new digital… Read More
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