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 …
Best practices
College of Commercial Arbitrators Launches ‘CCA Arbitration Talk’ Podcast with Three Inaugural Episodes
Austin, TX – The College of Commercial Arbitrators (CCA) is proud to announce the launch of its highly anticipated podcast, CCA Arbitration Talk. This new series aims to demystify the world of commercial arbitration and explore its advantages, challenges, and profound impact on today’s legal landscape. The CCA Arbitration Talk podcast series is geared to a wide audience of listeners, including individuals and businesses currently using or contemplating the use of commercial arbitration to …
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 …
Guiding the Way Through A.I. in Arbitration
Artificial intelligence (“A.I.”) is the hot topic of the day. A.I. holds the potential to dramatically change our lives - for better or worse - as it rapidly develops and is implemented in new ways. A.I. is already used by parties, counsel, experts and Arbitrators for tasks ranging from selecting arbitrators, to analyzing documents, to researching the law, to [oh no!] drafting briefs, orders and awards. Sometimes the generated results are painfully wrong, producing so-called hallucinations, …
Select Your Decision Maker! (Part II)
The Aardvark* commented in the initial installment of its “Select Your Decision Maker” post that the principal advantage of commercial arbitration is party autonomy and self-determination, as best illustrated by the disputants’ ability to select the person who will hear and decide their dispute. As part of its continuing “debunkery” mission to set the record straight about the advantages that commercial arbitration offers over litigation, the Aardvark asks and answers the following two …
Appeals Court Swats Party Who Cheated in Arbitration
A CCA Blog: The Aardvark* It has been a while since you heard from me, but a recent case caught my attention. In Nuvasive, Inc. v. Absolute Medical, LLC, No.22-10214, the 11th Circuit affirmed a district court’s decision to overturn an arbitration award more than three months after the statutory deadline to challenge the award. It turned out that one of the respondents was coaching the witness who was testifying by video conference, by …
Select Your Dispute Decision-Maker!
Commercial arbitration offers disputants distinct advantages that are not available in court. The principal one is party autonomy and self-determination. Nothing illustrates that concept better than the disputants’ ability in commercial arbitration to select the person who will hear and decide their dispute. Litigants who resort to the courts for dispute resolution cannot select the judge who will hear the action. Judges are generally randomly selected upon the filing of the …
The Many Good Things About Commercial Arbitration
Recently, the Washington Post published a story that referenced the concept of “negative memories.” The story noted that humans tend to notice the negative more than the positive and are more likely to remember negative experiences versus the positive. This story resonated with me, primarily because I have recently received reports or examples of public criticism of the arbitration process. For example, the Miami Dolphins NFL football team demanded claims by former coach Brian …
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 …
Tips on Effective Use of Subpoenas in Arbitration
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, …