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 …
Best practices
Feliu Case Summaries, June 2026
Prepared by Alfred Feliu, a Fellow of the College of Commercial Arbitrators, the Feliu Case Summaries (June 2026) provide a practical snapshot of notable, recent decisions shaping arbitration and ADR across U.S. federal and state courts. Organized by topic, the digest highlights key developments affecting arbitration agreements, threshold jurisdictional disputes, delegation and waiver arguments, unconscionability challenges, class and representative action issues, hearing and evidentiary …
Ahead of May 14 Hearing, College of Commercial Arbitrators Raises Concerns Over Government Actions Targeting Law Firms
Organization offers expert voices on implications for rule of law and dispute resolution Austin, TX — May 11, 2026 — As the U.S. Court of Appeals for the District of Columbia Circuit prepares to hear oral arguments on May 14 in Perkins Coie LLP v. U.S. Department of Justice et al., the College of Commercial Arbitrators (CCA) is raising concerns about the broader implications of government actions targeting law firms and their clients. The case centers on Executive Orders directing federal …
A Report on Corporate Counsel Arbitration Preferences
This report summarizes the results of a survey of corporate counsel from leading U.S. companies attending the 2026 CPR Annual Meeting in Coronado, California. The survey was conducted in collaboration with the College of Commercial Arbitrators during the authors’ interactive Feb. 13 program, “Corporate Counsel Vote!” The voting was conducted confidentially by electronic polling in a closed session of about 20 corporate counsel, all of whom are well informed and actively involved in arbitration …
Webinar: To Arbitrate or Not to Arbitrate, That Is the Question
Now available on demand For transactional lawyers, the decision to include an arbitration clause is rarely automatic. It requires a careful evaluation of the client’s business, the nature of potential disputes, and the practical realities of resolving them. In this recorded program, To Arbitrate or Not to Arbitrate, That Is the Question, experienced practitioners walk through the key considerations that should guide this decision. Framed around the “who, what, when, where, how, and why” of …
College of Commercial Arbitrators Files Amicus Brief in D.C. Circuit on Rule of Law Issues
On April 3, 2026, the College of Commercial Arbitrators (CCA) filed an amicus curiae brief in the United States Court of Appeals for the District of Columbia Circuit, addressing issues central to the rule of law and the independence of legal representation. The brief was submitted in connection with ongoing litigation involving several major law firms and executive orders affecting their ability to represent certain clients. In its filing, the College emphasizes a foundational principle of …
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 …
Feliu Case Summaries, February 2026
Prepared by Alfred Feliu, a Fellow of the College of Commercial Arbitrators, the Feliu Case Summaries (February 2026) provide a practical snapshot of notable, recent decisions shaping arbitration and ADR across U.S. federal and state courts. Organized by topic, the digest highlights key developments affecting arbitration agreements, threshold jurisdictional disputes, delegation and waiver arguments, unconscionability challenges, class and representative action issues, hearing and evidentiary …
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 …
