In 2025 and 2026, we celebrate the centenary of the Federal Arbitration Act and the birth of the American Arbitration Association. These tandem events are no coincidence. These twin celebrations present the rare opportunity to examine the relationship and recognize the central contribution of visionary and strategic New York lawyers to today’s vastly expanded world of alternative dispute resolution that was built on the foundation they established. (Reprinted with permission from the April …
Articles by Fellows
Why Arbitration Depends on Legal Independence
Arbitration and the rule of law are interdependent. Arbitration is a private, contract-based mechanism for resolving disputes. From the merchant guilds of medieval Europe to the arbitration clauses embedded in modern domestic and international contracts, and state-to-state disputes, the practice has thrived because it is perceived as efficient, trustworthy, rule-based, and neutral. (Reprinted with permission from the April 2026 edition of the New Jersey Lawyer Magazine ©2026 New Jersey State …
Subpoenas and Summonses in Arbitration
Congress enacted the Federal Arbitration Act (the “Act” or “FAA”) in 1925 to overcome the antipathy some judges had for private arbitration. The Act provides that an agreement to arbitrate is as enforceable as any other contract. 9 U.S.C. § 2. Any state law saying otherwise is preempted by federal law. Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). One key aspect of the Act was to provide subpoena powers to arbitrators, analogous to powers bestowed on judges. Subpoenas are, …
Single-Neutral Dual-Role Processes – Workable or Worrisome Redux
Most of the literature concerning mixed mode and hybrid processes describe situations in which different neutrals – one serving as an arbitrator and another as a mediator – participate in the resolution of the case. These procedures can be employed concurrently or sequentially. This article is devoted to a different type of mixed mode or hybrid process, one in which a single neutral performs dual roles – as both an arbitrator and a mediator – in the same proceeding. (Reprinted by …
Fixing ‘Unfixable’ Errors in Arbitration Awards
In the courts, when judges make mistakes, there are mechanisms for those mistakes to be corrected—motions for reconsideration and appeal. These are not available in arbitration. The ancient doctrine of functus officio removes the arbitrator’s power to act once the final award issues. (Reprinted with permission from the February 18, 2026 edition of the New York Law Journal ©2026 ALM Global Properties, LLC. All rights reserved. Further duplication without permission is …
Designing Business Disputes – How Shall We Fight?
Even when business people have no contractually prescribed method for working out their differences and seem headed for court, they can take a pause and design an approach, including mediation, a tailored form of arbitration, or a suitable hybrid. This can save them time, money, and a lot of aggravation, but it requires some intention and knowledge of the possibilities. This article describes some of those alternatives and gives examples of how disputing parties have implemented them to …
Feliu Case Summaries, February 2026
Prepared by Alfred Feliu, a Fellow of the College of Commercial Arbitrators, the Feliu Case Summaries (February 2026) provide a practical snapshot of notable, recent decisions shaping arbitration and ADR across U.S. federal and state courts. Organized by topic, the digest highlights key developments affecting arbitration agreements, threshold jurisdictional disputes, delegation and waiver arguments, unconscionability challenges, class and representative action issues, hearing and evidentiary …
The Art of Arbitrator Selection
In “The Art of Arbitrator Selection,” CCA Fellow Cedric C. Chao explains why choosing the right arbitrator may be the most important decision a party makes in a domestic or international commercial arbitration. He identifies seven key considerations, including the arbitration agreement, reliable sources of information about candidates, substantive and procedural experience, impartiality, cultural understanding, and availability. Chao also offers practical guidance for balancing subject-matter …
Case Summaries – November 2024
The author examines and summarizes recent cases, acts and potential issues as of November 2024. (Reprinted with permission ©2024. All rights reserved. Further duplication without permission is prohibited.) *The views expressed are those of the author(s) and do not necessarily reflect the views of CCA or any other organization. …
Application of Mandatory Law in U.S. Arbitration
In this article, the authors examine claims under mandatory law and describe how they are treated in jurisdictions other than where they arise. They then analyze the effect of choice-of-law provisions on mandatory law. Finally, the authors explore how mandatory law may be treated by arbitrators. (Reprinted with permission from the July 2024 issue of the Dispute Resolution Journal ©2024. All rights reserved. Further duplication without permission is prohibited.) *The views …
