Here's a great title for a panel at the ABA Annual Meeting in Toronto: "How Arbitrators Think and What You and They Can Do About It: A Journey Into the Minds of Arbitrators." Hey, I'm an arbitrator. And like Derek Jeter I always want to improve my game every time I...
Tag Archives: Arbitration
Thanks to the indefatigable Paul Lurie for posting, on his arbitration/mediation Listserve, the news of the recent release of the Annotated Code of Arbitrator Ethics. The Revised Code of Ethics for Arbitrators in Commercial Disputes was released in 2004 by the American Bar Association and the American Arbitration Association. This newly...
The Supreme Court has ruled (again) that state laws purporting to condition the enforceability of arbitration agreements on grounds not ennumerated in Section 2 of the Federal Arbitration Act are themselves unenforceable on Supremacy grounds. I teach that principle in my class using Southland v. Keating, and now I can use...
Thomas J. Welsh, Chair of the ABA Business Law Section Task Force on ADR in Commercial Finance Transactions, announces the promulgation of the Final Report of the Task Force on ADR in Commercial Financial Transactions. The Report is accompanied by Supplementary Arbitration Rules. Both are available by clicking here....
For the past two years, Lawrence Newman has chaired a Working Group at the CPR Institute studying determination of damages in arbitration, and he advises that the group's end product, a Protocol on Determination of Damages in Arbitration, has now been released. Its full text appears below....
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...