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The Walrus and the Carpenter
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Oil and Gas Disputes
The oil and gas industry has long been a leader in promoting the resolution of industry disputes through the use of binding arbitration. In the international sphere, the oft-mentioned Abu Dhabi, Qatar, ARAMCO, Aminoil, and Libya cases played a critical role in promoting the acceptance of investor-state arbitration and the applicability of international law to oil & gas industry disputes involving host nations. Today, the vast majority of international …
Health Care Disputes
There is a wide variety of health care industry disputes. The complexity of many health care disputes, the parties’ desire for confidentiality, the ongoing business relationships between and among the parties and the importance of privacy of health care information make arbitration more advantageous than litigation for health care disputes. This article will discuss the nature of the disputes that are commonly brought to arbitration, the issues that characterize these disputes and how they …
Engineering Disputes
Engineering disputes are those dependent on the resolution of issues relating to design, function, operation, failure, and/or compliance with specifications of devices, materials, software, systems, processes, etc. Resolution of these issues requires an understanding of scientific principals and scientific terms, and some comfort with the related mathematics. Also required is an understanding of how scientists and engineers approach …
Emergency Arbitration: Fast, Effective and Economical
Where a party needs immediate legal relief, emergency arbitration can often provide it. I will first discuss the emergency arbitration process, particularly its historic roots and what the process constitutes in the context of the AAA Commercial Rules, and then describe an actual emergency arbitration I handled this past summer for the ICDR in an international IP dispute. Generally speaking, a disputant often requires immediate ("interim") relief whenever its counter-disputant unilaterally …
In-House Counsel’s Key Role in Arbitration: Ensuring the Process Meets Company Expectations
In-house attorneys tend to confront questions about arbitration at two discrete junctures: during the contract-ing process and at the onset of a dispute. A company is best served when its in-house counsel plays a proactive role at these and at every other stage of the process. During the contracting process, the in-house attorney often needs to address so many mixed business and legal questions that the dispute resolution clause sometimes gets very little attention. …
Proposed Legislation Undermines Business to Business Arbitration
Last November, The New York Times ran three front-page articles and a follow-up editorial excoriating companies who force their customers and employees to waive their right to proceed in court and instead have their disputes decided in arbitration proceedings where the deck is stacked against them. The articles brought to light that in certain cases the arbitrators who issued final and binding deci-sions had financial ties to those businesses and, as such, were anything but neutral—something …
Arbitration Through the Ages
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What’s New? Arbitration Update (2015)
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