The International Bar Association has been responsible for several definitive guidelines to assist practitioners in international arbitration. These include the 2010 Guide for Drafting International Arbitration Agreements, the 2010 Rules for Taking of Evidence, and the 2004 Guide on Conflicts of Interest. To this we now add the IBA Guidelines on...
When I served at the CPR Institute we periodically reminded users of arbitration that the Institute had devised a procedure whereby parties could contract for appellate review of arbitration awards. I think I am correct that during my 10-year tenure no one ever availed themselves of these procedures, which on...
Tom Stipanowich called the Delaware Court of Chancery's arbitration program "a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy." But he warned that its constitutionality was in doubt. Now the Third Circuit...
The American Arbitration Association has issued new Commercial Arbitration Rules effective October 1, 2013. The changes seem designed to better serve disputants and enhance the commercial rationality of arbitration under the AAA's auspices. As to be expected from the AAA, they are elegant and reflect the thinking of many stakeholders....
During a recent meeting of the Dispute Resolution Committee of the ABA Business Law Section, GE Oil & Gas Assistant General Counsel Mike McIlwrath shared some cogent and stimulating -- and personal -- observations on the responsibility that corporate end-users must take for the process of international arbitration. Soon after...
The May 2013 issue of the IBA Dispute Resolution Section's journal, Dispute Resolution International, has a concise and compelling article by Mark H. Alcott addressing "Post-Award Attacks on Arbitrators." The title speaks for itself: the author is harshly critical of challenges to arbitral impartiality that are first asserted after an...
Once again I have had the privilege of teaching the excellent students at New York Law School in International Commercial Dispute Resolution, and once again it has resulted in some superb pieces of written research. Here is the work of Somya Kaushik, who will be graduating in a few weeks...