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...
Tag Archives: Arbitration
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...
As recently as 1995, the Supreme Court observed, in First Options of Chicago v. Kaplan, that arbitration was a creature of contract: "[A] party who has not agreed to arbitrate will normally have a right to a court's decision about the merits of its dispute." Yet what constitutes an agreement to...
The third and final part of the morning-long Commercial Finance and Dispute Resolution Symposium at the recent ABA Business Law Section Annual Meeting was a discussion, among audience and experts, of some hypotheticals implicating the obligations of attorneys who negotiate dispute resolution clauses and who represent clients in ADR procedures. The...
The ABA Business Law Section has turned its back on the August Annual Meeting of the Association and is now convening its own Annual Meeting in Chicago a month later. It is a resounding success by any measure, but certainly from the perspective of the Business Law Section: Over 1,500...