Articles by Fellows

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.

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.

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.

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.

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.

New York has hosted more international arbitrations over the last several years than ever before. What are some of the reasons for this change?

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."

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").

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.

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.

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.

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.

A comparison of the latest international arbitration rules from five major providers, updated for 2018.

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

Where a party needs immediate legal relief, emergency arbitration can often provide it...

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

Last November, The New York Times ran three front-page articles and a follow-up editorial excoriating companies who...

Dire predictions have recently been made by commentators pondering the future of patent arbitration in light of...

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...

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...

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...

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...

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...