At the ABA Annual Meeting, in the course of a panel on arbitration developments, veteran arbitrator Deborah Rothman tee-ed up a fascinating challenge. Clients regularly engage consultants in litigation. Why not in arbitration? Indeed, isn't the value of a consultant in arbitration much more evident? Arbitration has special challenges, different legal...
Last Spring, the ABA Sections of Business Law and of Dispute Resolution featured several programs anticipating the release of the Protocols for Expeditious, Cost-Effective Commercial Arbitration promulgated by the College of Commercial Arbitrators. The Protocols are the main product of the multi-party Summit that was convened by the CCA in October...
On Saturday of the ABA Annual Meeting a group of judges presented a panel on "ADR in the Business Courts: How Commercial Judges Encourage Settlement." Joining Vice Chancellor Don Parsons (Delaware), Judge Steven Platt (Maryland), Judge Ira Warshawsky (New York) and Judge Ben Tennille (North Carolina) were Bankruptcy Judge Elizabeth...
One of the most in-demand items at the ABA Annual Meeting was a seat at the Moscone Center for the panel titled "Shaping the Law: A Solicitor's General Roundtable." The misplaced apostrophe notwithstanding, it was enlightening and a lot of fun. ...
"You'd better be careful -- you're about to negotiate with the King!" We've all heard this at some point in our careers. Our counterparty is well-connected with the judge. He's an influential member of the local bar. He has fifty years' worth of hard-earned reputation as the lion of the district. ...