There is a hole in our arbitral system. Despite being among the most efficient and prevalent means of resolving commercial disputes, and one generally favored by courts,3 arbitration is dangerously susceptible to the problem of nonpayment. Simply put, a respondent seeking to avoid liability may be able to “game” the system by refusing to pay its share of arbitration fees. All too frequently, this leaves the claimant without an effective remedy to hold the nonpaying respondent accountable. …
Articles by Fellows
Arbitration Do’s and Don’ts for the Trial Lawyer, NY Litigator Vol. 19 No. 2
A client has just asked you to represent it in the arbitration of a contract dispute. The case looks pretty much like others you have taken to bench or jury trial victories. You think you are all set. Think again. You would not try a jury trial as if it were a bench trial, or vice versa. Why assume that you should try a case in arbitration as if it were in court? …
Arbitration Tips and Traps for Corporate Counsel
Arbitration is a field of study worthy of Hermann Rorschach. Parties who bring to it a preference for the formality and forensic opportunities of litigation see arbitration as the Wild West. Others, who prefer to resolve all business disputes quickly and informally, see it as just another form of litigation. Businesspeople who want to submit disputes to a business-oriented, neutral third party bound by rules that ensure basic fairness, but do not want all the bells and whistles of litigation, …
The New 2014 WIPO ADR Rule Set: Flexible, Efficient and Improved
The World Intellectual Property Organization (WIPO), based in Geneva, Switzerland, a self-funded agency of the United Nations, acts as a global forum for intellectual property services, policy, information and cooperation. The WIPO Arbitration and Mediation Center ("Center"), established in 1994, offers alternative dispute resolution (ADR) services to resolve international commercial disputes between private parties. …
When Speed and Cost Matter: Emergency and Expedited Arbitration
Often, a disputant needs immediate relief. This happens when a counter-disputant, anticipating the commencement of legal action against it, unilaterally attempts to suddenly change the status quo to the detriment of his adversary. The disputant may expeditiously need to, e.g.: protect or secure property, including essential evidence, then in possession of a counter-disputant from destruction; enjoin the counter-disputant from disclosing confidential information of the disputant; or secure …