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.) …
Articles by Fellows
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) …
Keeping Arbitration Safe for Texas
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) …
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) …
