Earlier in my career both as an advocate and as an arbitrator I did not fully appreciate the differences in compelling testimony and documents from third parties in arbitration as compared to litigation at the courthouse. 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. My experience has proven that, in arbitration cases, …
CCA Blogs
The Efficient Arbitrator – In the Post-Pandemic Age
Intro – Arbitration in the Post-Pandemic Era: 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 …
Root, Hog or Die: Arbitration Adaption in a Pandemic
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 been brought about by COVID-19 and its impact on every facet of everyday life. His message was straightforward -- as arbitrators and as consumers of arbitration services -- we must adapt to the new reality of online arbitration proceedings or perish. In other words, “Root, hog or …
It Is Not the Strongest of the Species that Survives But the Most Adaptable: The Case For Online Commercial Arbitration
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 Charles Darwin. Those may have not been Darwin’s exact words but the point stands that survival requires adaptation. That stands true in the world of commercial arbitration as well. For decades, parties, counsel and arbitrators have enjoyed the benefits provided by arbitration, among those: relatively …
Join the Conversation and Leave Your Digital Mark in the Arbitration Field
When I first became a commercial arbitrator, I would have loved to have had easy access to the best arbitrators to learn how they resolved business disputes, in court and in alternative dispute resolution settings. Fast forward to 2020 where we as CCA Fellows are lucky enough to fill that void in an easy-to-share, digital way… Welcome to the CCA Blog – a dialogue about commercial arbitration from the College of Commercial Arbitrators. The CCA, the most prestigious alternative dispute …