It doesn't make for a good day when learning that your livelihood and passion are in jeopardy. In 2007 we were informed that the Texas Legislature was contemplating a bill that required disclosure of all arbitration awards. Panic. We were helpless. (NYSBA New York Dispute Resolution Lawyer, May 2018) …
Articles by Fellows
Consent or Agreed Awards and the New York Convention – What Is the Status?
In 2018, several developments coalesced to demonstrate a felt need among international disputants for an alternative to arbitrating cases to award. The final report of the Global Pound Conferences was issued reporting on the conferences held from 2016 to 2017 in 24 countries and obtaining over 4,000 responses to consistent questions about the needs and desires of the users of ADR. (NYSBA New York Dispute Resolution Lawyer, Fall 2018, Vol. 11, No. 2) …
Inside the Black Box – The Preferences, Practices and Rule Interpretations of Construction Arbitrators
The article is based on a survey that included input from several CCA Fellows. This article compares conceptions about construction arbitration, gathered from the Industry and Advocate Surveys, to what construction arbitrators actually do, as shown by the Arbitrator Survey. (Journal of the ACCL, Vol. 12, No. 2, Summer 2018 Edition) …
Comparison of Selected International Arbitration Rules, 2018 Edition
A comparison of the latest international arbitration rules from five major providers, updated for 2018. 36 Alternatives 67 (May 2018). …
Do Arbitrators Know the Law (and Should They Find it Themselves)?
An edited and condensed transcript of a broader panel discussion on "Cutting-Edge Topics in Commercial Arbitration". Dispute Resolution Journal (DRJ), Vol: 73, No: 1 © JurisNet, LLC 2018. …
Effective Advocacy in Arbitration
This article explores the benefits of arbitration over litigation and provides practical pointers for trial lawyers who want to sharpen their advocacy skills in arbitration. …
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 …
Patent Arbitration: It Still Makes Good Sense
Dire predictions have recently been made by commentators pondering the future of patent arbitration in light of the new U.S.Patent and Trademark Office (USPTO) post-grant trial proceedings (post-grant review (PGR) and inter partes review (IPR)) implemented by the Leahy-Smith America Invents Act (AIA). Contrary to those views, patent arbitration is still very much alive, widely used, and, where employed in appropriate situations and structured properly, will likely see increasing use. …