Thanks to Paul Lurie's remarkable list-serve, we have a draft of Tom Stipanowich's paper from the 2010 Fordham Conference, titled "Revelation and Reaction: The Struggle to Shape American Arbitration." Concentrating on two of what Stipanowich predicts with be a new "trilogy" of formative Supreme Court arbitration decisions, Stipanowich places both Stolt-Neilsen v....
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...
I had written here in anticipation of the March 29, 2010, Joint Symposium on International Investment Law and ADR, held by UNCTAD and the Washington and Lee School of Law. It was a smashing and impressive success, due to the remarkable convening powers of hosts Susan D. Franck of Washington and...
My class in International Commercial Dispute Resolution at New York Law School is now finished, and each student was required to prepare a paper on a related topic of their choice. All were good, happily, and some students wrote on topics that readers of this blog may find useful. With their...
The recent Conference of the International Bar Association in Madrid convened many of the leading practitioners and theorists in international law. The Dispute Resolution Section of the IBA offered panels prepared by its Arbitration Committee (co-chairs Pierre Bienvenu of Canada and Guido Santiago Tawil of Argentina) and its Mediation Committee (chair...
Michael McIlwrath has posted an absorbing podcast that compares the expectations of lawyers and the demands of business clients. The difference between them is not just eye-opening -- it's jawdropping. Listen to the podcast -- it's 12 minutes -- and tell me: Is there any other industry where the customer and the...