Mexico is experiencing one of the most significant institutional transformations in its modern legal history. The judicial reform approved in 2024 fundamentally changes the composition of the federal judiciary by introducing the popular election of judges, magistrates, and Supreme Court justices. While supporters argue that the reform will increase democratic accountability, many participants in the business community have expressed concerns about its potential impact on judicial independence, …
CCA Blogs
What Arbitrators Actually Think About Your Expert
Republished with permission from JAMS. What is and is not effective expert testimony Unlike a jury, an arbitrator is rarely seeing anything for the first time. That changes everything. Experienced arbitrators have heard hundreds of experts — they recognize the theater, they spot the evasions, and they dislike witnesses who sacrifice credibility for advocacy. The qualities that make an expert effective before an arbitrator are not always the same qualities that resonate with a jury. Over …
What Arbitrators Should Know About the SEC’s Recent Policy Change on Mandatory Arbitration Clauses in Registration Statements
The Securities and Exchange Commission (SEC) recently announced a significant, but controversial, policy change that may lead to more investor claims being arbitrated. As of September 17, 2025, the inclusion of a provision mandating arbitration of investor claims in a company’s corporate documents will no longer impact SEC determinations whether to accelerate the effective date of a registration statement.[1] Here are five things arbitrators should know about this significant …
Should I Use Generative AI as an Arbitrator?
Artificial Intelligence (AI), particularly generative AI, has arrived in arbitration, whether we invited it in or not. Counsel is using it to summarize documents, draft outlines, and test arguments. Some arbitrators are understandably curious about whether (and how) it can assist with facilitating efficient and fair proceedings. The anxiety surrounding AI in arbitration is often framed in dramatic terms: loss of control, compromised neutrality, or “robots deciding cases.” The risk is far more …
Beware Of Generative AI
Experienced arbitrators and counsel well know that the FAA provides that an award may be vacated where it was procured by “undue means,” or the arbitrator was guilty of “misbehavior,” or “imperfectly executed” his or her powers. 9 U.S.C. § 10 (a)(1), (3), and (4). If you have thought to yourself that “nothing like that will ever happen to me,” using generative AI should make you think again as illustrated by three 2025 appellate cases in which non-existent cases were cited. In Kohls v. …
The Use of ClearBrief
Several months ago, the American Arbitration Association gave its panelists free access to ClearBrief, an AI tool specifically designed for lawyers and arbitrators. It's a closed system. Thus, there's no danger that documents fed into it ever become part of the worldwide web that is then scraped for use in open AI tools like ChatGPT or Perplexity. I signed up for ClearBrief and have used it in my practice. Here's a summary of my experience. Training ClearBrief has offered …
Litigators: What You Don’t Know about Commercial Arbitration Practice and Procedure Can and Will Hurt You
Litigators who approach commercial arbitration as they would a courtroom trial often find themselves at a disadvantage. Arbitration operates under different rules, and failing to adapt can weaken your case. The three areas that most litigators fail to understand before commencement is the writing of a narrative demand, the pre-hearing conference collaboration, and the importance of outlining all damages precisely. Mastering these elements is essential to succeed in arbitration. 1. Drafting an …
The Transformative Impact of the CCA Associates Mentorship Program on My Arbitration Practice
The College of Commercial Arbitrators Associates Mentorship Program has been a cornerstone of my commercial arbitrator development. From the outset, the program provided me with an unparalleled platform to deepen my understanding of arbitration practices and refine my skills. Its structured approach and access to a wealth of resources have significantly accelerated my growth and success as an arbitrator. A defining feature of the Associates Program is the mentorship it offers. I am blessed …
SCOTUS Holds That When Parties Enter into Multiple Contracts Containing Conflicting Dispute Resolution Provisions, A Court, Not an Arbitrator, Must Decide Which Contract Governs
In Coinbase v. Suski, 610 U.S. __ (May 23, 2024) (“Coinbase”), SCOTUS resolved a very narrow legal question based upon a highly specific factual scenario. The parties entered into two contracts. The earlier contract contained an arbitration clause specifically delegating issues of arbitrability to an arbitrator. The subsequent contract contained a forum selection clause requiring litigation of disputes in the California courts. The case called upon SCOTUS to decide whether an arbitrator or a …
SCOTUS Holds That Transportation Worker Need Not Work in Transportation Industry to Qualify for FAA Section 1 Exemption
On April 12, 2024, in Bissonnette v. LePage Bakeries St., LLC (“Bissonnette”), the U.S. Supreme Court unanimously resolved a split in the U.S. Courts of Appeal concerning the scope of the exemption in Section 1 of the Federal Arbitration Act (“FAA”) for "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce." Last Term, in Southwest Airlines Co. v. Saxon (“Saxon”), SCOTUS had held that “any class of workers directly …
