CCA Blogs

Select Your Dispute Decision-Maker!

I hardly come out of my burrow, and then only at night, so I was pretty interested to hear about a recent federal appellate decision holding that arbitration subpoenas in the US have nationwide scope. Read More

CCA Blogs

The Floodgates Have Opened: Mass Arbitrations

A series of U.S. Supreme Court decisions have all but eliminated class arbitrations for consumers, employees, franchisees, and others with common claims against a single company.  The latest, decisive blow came in Lamps Plus, Inc. v. Varela, 587 U.S. __, 203 L. Ed. 2d 636 (2019), with the Court holding that arbitration on a classwide basis could not be compelled based on an arbitration agreement’s ambiguous language.  Most arbitration agreements include a waiver of class arbitrations; some are silent.  There are virtually none explicitly allowing for class arbitration. Read More

CCA Blogs

Aardvarks Care About the Cost of Business Dispute Resolution!

The CCA Arbitration Aardvark has noticed quite a bit of discussion on the cost of business dispute resolution and whether arbitration is speedier and less costly than litigation. It certainly can be, and often is. It has been reported that business arbitrations take on average 7.3 months from start to resolution while the U.S. District Court cases take an average of 23.4 months – and that’s even before appeals. Generally, the longer a case takes the more expensive it becomes. Read More

CCA Blogs

The Efficient Arbitrator – In the Post-Pandemic Age

Much has been said of efficiency in arbitration, including the need to appropriately balance time and cost efficiency with a process ensuring a fair and just result. The COVID-19 pandemic has ushered in the adoption of new technologies in arbitration, along with new protocols and practices, that merit re-examination of efficiency in arbitration. This article addresses what it takes to be an efficient arbitrator in the post-pandemic era. Read More

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