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Arb-Med: Workable or Worrisome?

Mixed-mode dispute resolution is becoming more common as parties endeavor to structure processes that provide optimal (and sometimes multiple) opportunities to resolve disputes. There are many different ways to structure mixed-mode dispute resolution processes.
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It’s Never Too Late to Arbitrate – The Case for Mid-Suit Arbitration Agreements

The benefits of incorporating arbitration provisions in commercial contracts are well-established. Often overlooked, however, are the advantages of agreeing to arbitrate disputes after the inception of a lawsuit filed in court.
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The Litigation of Arbitration: Five from the Fifth Circuit in 2020

Despite nearly a century having passed since the adoption of the Federal Arbitration Act ("FAA") to ensure the enforcement of arbitration agreements, the enforcement of arbitration provisions continues to be frequently litigated. In the first half of 2020 alone, the U.S. Fifth Circuit issued a number of opinions enforcing arbitration awards and provisions.
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Can a Commercial Arbitrator Demand a Virtual Hearing?

In light of social distancing required by COVID-19 and the uncertainty as to when it will be safe to congregate in person again, questions abound as arbitrators navigate the shift toward a new digital normal.
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A Brave New World – How Courtroom Attorneys Can Flourish in Arbitration

The age of commercial arbitration has come. Like it or not, the confirmed and diehard litigators in the state and federal court systems have to reconcile doubts about the arbitration process and embrace it.
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Expert Q&A on International Arbitration in New York

New York has hosted more international arbitrations over the last several years than ever before. What are some of the reasons for this change?
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Schein v. Archer: U.S. Supreme Court Again Reinforces Arbitration Agreements

Once again, United States Supreme Court has continued with its line of cases confirming the enforceability of arbitration in the United States. Adding to those precedents supporting arbitration, on January 8, 2019, the Supreme Court issued its decision in "Henry Schein, Inc. v. Archer and White Sales, Inc."
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Major Changes to Pennsylvania Arbitration Law Effective July 1, 2019

Effective July 1, 2019, Pennsylvania has modernized their laws covering voluntary arbitration agreements by implementing the Revised Uniform Arbitration Act ("RUAA") promulgated by the Uniform Law Commission ("ULC").
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ADR in the Age of Cybersecurity

Not too long ago, back when paper and pen ruled the world, just about all arbitrators or mediators had to do to ensure the security of confidential case records was lock their office door and not leave their briefcase on the train. Not so anymore.
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Keeping Arbitration Safe for Texas

It doesn't make for a good day when learning that your livelihood and passion are in jeopardy. In 2007 we were informed that the Texas Legislature was contemplating a bill that required disclosure of all arbitration awards. Panic. We were helpless.
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Consent or Agreed Awards and the New York Convention – What Is the Status?

In 2018, several developments coalesced to demonstrate a felt need among international disputants for an alternative to arbitrating cases to award. The final report of the Global Pound Conferences was issued reporting on the conferences held from 2016 to 2017 in 24 countries and obtaining over 4,000 responses to consistent questions about the needs and desires of the users of ADR.
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Inside the Black Box – The Preferences, Practices and Rule Interpretations of Construction Arbitrators

The article is based on a survey that included input from several CCA Fellows. This article compares conceptions about construction arbitration, gathered from the Industry and Advocate Surveys, to what construction arbitrators actually do, as shown by the Arbitrator Survey.
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Comparison of Selected International Arbitration Rules, 2018 Edition

A comparison of the latest international arbitration rules from five major providers, updated for 2018.
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Do Arbitrators Know the Law (and Should They Find it Themselves)?

An edited and condensed transcript of a broader panel discussion on "Cutting-Edge Topics in Commercial Arbitration".
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Effective Advocacy in Arbitration

This article explores the benefits of arbitration over litigation and provides practical pointers for trial lawyers who want to sharpen their advocacy skills in arbitration.
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Emergency Arbitration: Fast, Effective and Economical

Where a party needs immediate legal relief, emergency arbitration can often provide it...
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In-House Counsel’s Key Role in Arbitration: Ensuring the Process Meets Company Expectations

In-house attorneys tend to confront questions about arbitration at two discrete junctures: during the contract-ing process and...
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Proposed Legislation Undermines Business to Business Arbitration

Last November, The New York Times ran three front-page articles and a follow-up editorial excoriating companies who...
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Patent Arbitration: It Still Makes Good Sense

Dire predictions have recently been made by commentators pondering the future of patent arbitration in light of...
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Stiffing the Arbitrators: The Problem of Nonpayment in Commercial Arbitration

There is a hole in our arbitral system. Despite being among the most efficient and prevalent means of resolving commercial disputes, and one generally favored by courts,3 arbitration is dangerously susceptible to the problem of nonpayment...
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Arbitration Tips and Traps for Corporate Counsel

Arbitration is a field of study worthy of Hermann Rorschach. Parties who bring to it a preference for the formality and forensic opportunities of litigation see arbitration as the Wild West. Others, who prefer...
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Arbitration Do’s and Don’ts for the Trial Lawyer, NY Litigator Vol. 19 No. 2

A client has just asked you to represent it in the arbitration of a contract dispute. The case looks pretty much like others you have taken to bench or jury trial victories. You think you are all set. Think again...
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The New 2014 WIPO ADR Rule Set: Flexible, Efficient and Improved

The World Intellectual Property Organization (WIPO), based in Geneva, Switzerland, a self-funded agency of the United Nations, acts as a global forum for intellectual property services, policy, information and cooperation...
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When Speed and Cost Matter: Emergency and Expedited Arbitration

Often, a disputant needs immediate relief. This happens when a counter-disputant, anticipating the commencement of legal action against it, unilaterally attempts to suddenly change the status quo to the detriment of his adversary. The disputant may expeditiously need...
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