The recent issue of The Business Lawyer, a publication of the ABA Business Law Section, addresses a topic of particular interest: "the hard choices that face a general counsel when weighing the pros and cons of whether and when a particular complex business dispute is better suited for litigation in...
Its first attempt having been stricken by the Third Circuit, the Delaware General Assembly recently enacted the Delaware Rapid Arbitration Act that seems ideally suited to a broad range of business disputes, and is a welcome contribution to rational, reasonable and responsive arbitration law. Among its features, the Act requires that...
The Ninth Circuit Court of Appeals recently issued a writ of mandamus directing a district court to vacate an order disqualifying an arbitrator, while the arbitration was pending. Its succinct opinion in In re Sussex (No. 14-70158, January 27, 2015) serves as a clear lesson in the limitations of judicial...
James Freeman of Allen & Overy has written a concise, informative and forward-looking article in the IBA's publication Business Law International that offers a clear-eyed look at the state of arbitrated conflict resolution in the financial services industry and points to the Arbitration Guide recently published by the International Swaps...
There may be some serious ADR practitioners who have not heard of Tom Stipanowich's recent articles analyzing the results of the CCA survey on trends in commercial arbitration. And for those few folks, I copy Tom's note to me, along with the links:...
Jean-Claude Najar has labored in the fields for General Electric in such onerous assignments as Florence and Paris. He nevertheless maintained his good cheer, and from his new position as international counsel at Curtis, Mallet-Provost, Colt & Mosle he has contributed a terse and sane statement of best practices, appearing...
The College of Commercial Arbitrators is perhaps the definitive authoritative body for best practices in commercial arbitration from the perspective of practitioner arbitrators. Its promulgated standards are widely respected and its leaders are leaders of leaders. It is therefore with great satisfaction that I note that the CCA has selected its...