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 …
Best practices
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 …
The College of Commercial Arbitrators Welcomes 13 New Fellows and Announces 2025–2026 Executive Committee
AUSTIN, TX – October 28, 2025 – The College of Commercial Arbitrators (CCA), a professional organization that promotes the highest standards of ethics, professionalism, and best practices in commercial arbitration, is pleased to announce the induction of 13 new Fellows and the appointment of its 2025–2026 Executive Committee. CCA Fellows Class of 2025 • Jay Alexander – Alexander Arbitration, LLC, Dillon, CO• Tom Cunningham – Tom Alan Cunningham PLLC, Houston, TX• Renee Gerstman – Renee …
Ep. 8 More of This, Less of That (Part 2): Best Practices for Arbitration Case Management
In Part 2, host Rich Silberberg once again welcomes Jeff Zaino, Vice President of the American Arbitration Association’s Commercial Division, and Virginia Corvey, Director of Operations at JAMS, to dive deeper into user feedback regarding arbitrator performance and its impact upon best practices in commercial arbitration. Building on the discussion in Part 1, this episode explores user feedback about arbitrators’ handling of specific case management issues and lessons learned, …
Ep. 7 More of This, Less of That: What Arbitration Users Really Think About Arbitrator Performance
In this episode of CCA Arbitration Talk, host Rich Silberberg sits down with Jeff Zaino, Vice President of the American Arbitration Association’s Commercial Division, and Virginia Corvey, Director of Operations at JAMS, for a candid conversation about what arbitration users truly value—and what they don’t—regarding arbitrator performance. Drawing on decades of experience and direct client feedback, Jeff and Virginia share insights on: Whether you’re an arbitrator, advocate, or …
Ep. 5 Best Practices for Drafting Reasoned Arbitration Awards: A Conversation with John Burritt McArthur
In this episode of CCA Arbitration Talk, recorded live at the American Arbitration Association’s Biannual Neutrals Conference in Dallas, host Rich Silberberg is joined by CCA Fellow John Burritt (“Mac”) McArthur — experienced commercial arbitrator and author of The Reasoned Arbitration Award in the United States: Its Purposes, Preparation, Problems, and Preservation (Juris, 2022). Mr. McArthur shares insights from his extensive career as both advocate and arbitrator, discussing …
