Arbitration practitioners and neutrals alike are familiar with the abundant case law setting a high bar for losing parties seeking to avoid enforcement of a foreign arbitration award under the New York Convention. In a case argued before the Second Circuit Court of Appeals on February 16, 2024, one member of the three-judge panel invoked the words of Don Corleone in The Godfather to underscore that users of arbitration must accept the result of the dispute resolution process that they …
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Section 3 of the Federal Arbitration Act: Why it’s important
While hunkering down and avoiding freezing weather, the Aardvark* came across an important arbitration case where the Supreme Court granted certiorari on January 12 of this year on the following issue: Whether Section 3 of the Federal Arbitration Act requires district courts to stay a lawsuit pending arbitration, or whether district courts have discretion to dismiss when all claims are subject to arbitration. Section 3 references staying the court proceeding, but many …
CCA Webinar – Filling the Potholes: How to Avoid Errors That May Lead to Vacatur
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CCA Webinar – The Role of The Chair Arbitrator
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Guiding the Way Through A.I. in Arbitration
Artificial intelligence (“A.I.”) is the hot topic of the day. A.I. holds the potential to dramatically change our lives - for better or worse - as it rapidly develops and is implemented in new ways. A.I. is already used by parties, counsel, experts and Arbitrators for tasks ranging from selecting arbitrators, to analyzing documents, to researching the law, to [oh no!] drafting briefs, orders and awards. Sometimes the generated results are painfully wrong, producing so-called hallucinations, …
Select Your Decision Maker! (Part II)
The Aardvark* commented in the initial installment of its “Select Your Decision Maker” post that the principal advantage of commercial arbitration is party autonomy and self-determination, as best illustrated by the disputants’ ability to select the person who will hear and decide their dispute. As part of its continuing “debunkery” mission to set the record straight about the advantages that commercial arbitration offers over litigation, the Aardvark asks and answers the following two …
CCA Webinar – Ethical Issues in Commercial Arbitration
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Arbitration as a Settlement tool after Impasse in Mediation
Can a hand-tailored ad hoc arbitration be used to resolve an impasse in mediation? Mediations is often successful in clarifying and resolving some of the disagreements between the parties, but after 90% of the work is done, an impasse may arise that threatens to derail the prospects of settlement. Mediators have shared many ideas about how to overcome such impasses, however, less frequently considered is the use of an arbitration to resolve the limited issues that are preventing …
From AI to Talking Shop, the College of Commercial Arbitrators Runs the Gamut of Cutting-Edge Arbitration Topics at Annual Gathering
WASHINGTON D.C. – The College of Commercial Arbitrators gathered in Washington D.C. October 24 – 26, 2023 for its Annual Meeting. The theme for the 2023 meeting was “Learning From One Another: Sharpening Our Arbitral Skills.” The number of Fellows who registered, including spouses, totaled 202, a record high. Over the course of three days, Fellows had the opportunity to attend several plenary sessions and hear from a wide variety of speakers on everything from ethical obligations for …