Articles by Fellows

Sanctions in Commercial Arbitration

As a matter of practice, arbitrators rarely impose sanctions, although sometimes the need arises. This article discusses the tools arbitrators can use to respond to sanctionable behavior in arbitration. Read More

Articles by Fellows

2022 Virtual Arbitration Report to CCA

CCA 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 Read More

Articles by Fellows

Pathological Clause of 2021: Winner

Inspired by Gary Born’s lecture on Pathological Arbitration Clauses, I recently challenged CCA Fellows to nominate troublesome clauses that came to their attention this past year. Before announcing the winner, though, a word or two on the criteria for the challenge... Read More

Articles by Fellows

A New ADR Development: Mass Arbitrations

Many employees and consumers agree to arbitrate any dispute they may have with their employer or vendor. These agreements often result from "mandatory" arbitration clauses which simply means that the employee or consumer had no choice but to agree if she wanted to take the job or buy the product. Read More

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