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 …
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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 …
Ep. 3 The Paris Olympics Controversy: A Battle for Bronze & the Role of CAS
What happens when an award of an Olympic medal decision is overturned? In this gripping episode of Arbitration Talk, CAS arbitrators Jim Carter and Kristen Thorsness join host Rich Silberberg to unpack the most highly disputed medal award of the Paris 2024 Olympics. A protest over scoring in the women’s gymnastics floor exercise event final led to a shocking series of reversals, leaving three athletes in limbo and setting the stage for a controversial ruling by the Court of Arbitration …
Ep. 2 CAS, Doping Scandals & Shocking Cases!
Are you familiar with the use of tainted burrito and kissing defenses to potentially disqualifying doping charges? Or the shattering of an Olympic athlete’s dreams by a paperwork error? In this episode, CAS arbitrators Jim Carter and Kristen Thorsness and dive deep into real cases they have heard, decided, and followed over the years—some that made headlines, and others that were no less heart breaking that remained in the shadows. Whether arising on site at thethe …
Ep. 1 Demystifying the Court of Arbitration for Sport
Welcome to CCA Arbitration Talk – the podcast of the College of Commercial Arbitrators (CCA), the pre-eminent professional organization in the field of commercial arbitration. This podcast series explores the world of commercial arbitration, including its advantages, challenges, and impact upon today's legal landscape. What happens when a high-stakes dispute arises in international athletic events? Enter the Court of Arbitration for Sport (CAS)—the ultimate decision-maker in global …
You Can’t Always Get What You Want
Arbitration practitioners and neutrals alike are familiar with the abundant case law setting a high bar for losing parties seeking to avoid enforcement of a foreign arbitration award under the New York Convention. In a case argued before the Second Circuit Court of Appeals on February 16, 2024, one member of the three-judge panel invoked the words of Don Corleone in The Godfather to underscore that users of arbitration must accept the result of the dispute resolution process that they …
CCA Fellows Know About Mockingbirds and Other important Things
Fellows of the College of Commercial Arbitrators are knowledgeable and highly skilled, and that arbitration parties and their advocates routinely entrust College Fellows with their most important disputes. A recent public report of an arbitration award issued by College Fellow Richard H. Silberberg provides a case in point. We are all familiar with the famous novel, To Kill a Mockingbird, written by Harper Lee, which was developed into an Academy Award-winning motion picture starring …
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. The parties, in …