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 is widely accepted and routinely relied upon—both in the U.S. and internationally—for resolution of a broad spectrum of technology-related disputes. (Published in the AAA Dispute Resolution Journal, July 2020, Vol. 74, No. 4.) …
Articles by Fellows
Arb-Med: Workable or Worrisome?
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. (Published in the NYSBA New York Dispute Resolution Lawyer, Fall 2019, Vol. 12, No. 2.) …
It’s Never Too Late to Arbitrate – The Case for Mid-Suit Arbitration Agreements
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 NYSBA New York Dispute Resolution Lawyer, Fall 2018, Vol. 11, No. 2.) …
The Litigation of Arbitration: Five From The Fifth Circuit In 2020
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, the Supreme Court has decided at least six cases regarding the interpretation of the FAA. And in the first half of 2020 alone, the United States Fifth Circuit issued a number of opinions enforcing arbitration awards and provisions. (As published in The …
Can a Commercial Arbitrator Demand a Virtual Hearing?
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 normal. (As published in The National Law Journal, May 20, 2020.) …
A Brave New World – How Courtroom Attorneys Can Flourish in Arbitration
The age of commercial arbitration has come. "We have become an arbitration nation," said the U.S. Court of Appeals for the ninth Circuit just last year; "an increasing number of private disputes are resolved not by courts, but by arbitrators." Like it or not, those confirmed and diehard litigators in the state and federal court systems have to reconcile doubts about the arbitration process and embrace it. (As published in CT Lawyer, March/April 2020.) …
Expert Q&A on International Arbitration in New York
New York has hosted more international arbitrations over the last several years than ever before. What are some of the reasons for this change? One factor contributing to this change is an increase in cross-border transactions involving middle-market, American companies, as well as large multinationals and classic trading and import companies, with foreign counter parties. As a result, there has been an overall increase in international arbitrations arising out of or relating to these …
Schein v. Archer: U.S. Supreme Court Again Reinforces Arbitration Agreements
Once again, United States Supreme Court has continued with its line of cases confirming the enforceability of arbitration in the United States. Adding to those precedents supporting arbitration, on January 8, 2019, the Supreme Court issued its decision in Henry Schein, Inc. v. Archer and White Sales, Inc. (Article from March 2019) …
Major Changes to Pennsylvania Arbitration Law Effective July 1, 2019
Effective July 1, 2019, Pennsylvania will join 20 other states and DC that have modernized their laws covering voluntary arbitration agreements by implementing the Revised Uniform Arbitration Act ("RUAA") promulgated by the Uniform Law Commission ("ULC"). (Pennsylvania Bar Association Quarterly, April 2019) …
ADR in the Age of Cybersecurity
Not too long ago, back when paper and pen ruled the world, just about all arbitrators or mediators had to do to ensure the security of confidential case records was lock their office door and not leave their briefcase on the train. Not so anymore. (NYSBA New York Dispute Resolution Lawyer, Spring 2019, Vol. 12, No. 1) …