My friends on the US Supreme Court unanimously agreed this week that parties in foreign arbitrations cannot ask US courts for discovery. Read More
Negative comments on consumer or workplace arbitration seem to somehow be newsworthy or get shared while positive aspects of arbitration, consumer or commercial, somehow miss the spotlight. Read More
A recent public report of an arbitration award issued by College Fellow Richard H. Silberberg provides a case in point. Read More
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
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
After serving on an arbitration panel where counsel for one side made some crucial mistakes in seeking subpoenas it became clear to me that understanding this issue was a necessary part of an advocate’s tool kit. Read More
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
As a commercial arbitrator, I am sometimes asked by folks—including many lawyers– whether there really are any advantages to resolving disputes through arbitration. I hear, “is it really any better than litigating in court?”… Read More
In our last Blog entry, the Author wrote of the necessity of arbitrators, lawyers, arbitral institutions — indeed, the entirety of the arbitration profession — to adapt to the new day that has… Read More
Variations of the quote “It is not the strongest of the species that survives, nor the most intelligent that survives. It is the one that is most adaptable to change,” are often attributed to … Read More
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