Arbitration|Conflict Resolution|Mediation

How Fortune 1000 Companies Use ADR

Arbitration|Conflict Resolution|Mediation

How Fortune 1000 Companies Use ADR

Last year, a survey was conducted among senior in-house counsel of the Fortune 1000, to follow-up on the findings of the influential 1997 Cornell survey.  Thomas J. Stipanowich of Pepperdine and J. Ryan Lamare of Penn State have now prepared an analysis of that new survey, and in an important...

More

Arbitration

New Survey on International Arbitration — The Users' Perspective

Arbitration

New Survey on International Arbitration — The Users' Perspective

GE Oil & Gas attorney Michael McIlwrath has brought our attention to the recently released 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process.  This study, conducted by the School of International Arbitration at Queen Mary, University of London, and the firm of White & Case LLP,...

More

Arbitration|Courts

Second Circuit Affirms Sanctions for Avoiding Arbitration

Arbitration|Courts

Second Circuit Affirms Sanctions for Avoiding Arbitration

We recently noted an opinion in the District Court for the Southern District on New York, protecting the integrity of the arbitration process by sanctioning a party that had sought to vacate an arbitration award with no grounds whatsoever, except a desire to delay its effect.  Recently the Second Circuit...

More

Arbitration

Dispelling Arbitration Myths

Arbitration

Dispelling Arbitration Myths

A panel at the ABA Annual Meeting in Chicago once again engaged in "Myth Busting," using facts and logic to dispel many of the notions that, without factual basis, encumber user perceptions of arbitration.  Among these are that arbitrators "split the baby" and that arbitration is as costly and lengthy as...

More

Arbitration|Courts

Second Circuit on Reviewing the Scope of an International Tribunal's Authority

Arbitration|Courts

Second Circuit on Reviewing the Scope of an International Tribunal's Authority

The Second Circuit Court of Appeals recently had occasion to find fault in a district court determination of arbitral authority to rule on the scope of an international arbitration agreement.  But the Court of Appeals nevertheless affirmed the tribunal award on the ground that clear and unmistakable evidence of an...

More

Arbitration|Courts

Sanctions for Baseless Motion to Vacate Arbitration Award

Arbitration|Courts

Sanctions for Baseless Motion to Vacate Arbitration Award

The District Court for the Southern District of New York has awarded attorney's fees to a party who incurred those expenses responding to a motion to vacate an arbitration award, upon a finding that the motion was brought without any legal basis, and constituted "a largely dilatory effort."...

More