Category Archives: Commercial Arbitration

Judges, Arbitrators, and the Internet

Judges and arbitrators are in the information business. They want to get the decision right. And they need information to make the right decision. Usually, the information is provided by the parties in a closed system. Only the record counts. But sometimes the information provided isn’t enough, and the decision maker knows it. It is … Continue reading Judges, Arbitrators, and the Internet

ABA Webinar series begins March 14th 2018

Setting the Stage for a Successful Commercial Arbitration Announcing a series of webinars on use of ADR in commercial, technology, and IP disputes. The first webinar is set for March 14, entitled: “Setting the Stage for a Successful Commercial Arbitration.” This first part of a two-part series provides practical guidance on representing parties in the … Continue reading ABA Webinar series begins March 14th 2018

Lawyers and Arbitration: A Special Case?

Many lawyers include arbitration clauses in their retainer agreements with their clients. Arbitration offers a faster, less expensive, and more private way to deal with fee disputes or claims made by clients in response to claims for payment of fees. But will the agreement hold up when the client challenges the enforceability of the arbitration … Continue reading Lawyers and Arbitration: A Special Case?

New Data About Arbitration: It’s Faster

In past articles, I’ve discussed the attitude lawyers may have to arbitrating business disputes. Some hate it.  They simply do not believe that arbitration actually saves time or money.  They will tell you their experience is that it is still as expensive as litigation and takes just as long.  Courts are almost free, they note, … Continue reading New Data About Arbitration: It’s Faster

Going International? Consider Arbitration

Your client, headquartered in the United States, asks you to prepare an agreement. Let’s say it’s a supply agreement.  The supplier is from a foreign country.  Let’s say China.  You are fairly sure that the supplier, eager to make the ongoing sale of its products, will agree to a United States choice of law and … Continue reading Going International? Consider Arbitration

Arbitration Clauses: Watch State Law

 In past articles, we have discussed how many courts once were hostile to arbitration. This led Congress to pass the Federal Arbitration Act (“FAA”), 9 U.S.C.§1 et seq., in 1925.  That Act applies in both state and federal courts and preempts any inconsistent state law in cases that involve interstate commerce.  The FAA provides, simply, … Continue reading Arbitration Clauses: Watch State Law

Arbitration Potholes: One Party Won’t Provide Discovery

In the recent series of articles we have been looking at what I call commercial arbitration “potholes.”  These are issues that come up during arbitration infrequently, but can be tricky and distract us from the merits when they do.  If we see them coming, we can usually find a way to work around them and keep things … Continue reading Arbitration Potholes: One Party Won’t Provide Discovery

The Arbitration Debate: Does It Affect Commercial Arbitration

Arbitration has been in the news a fair amount lately. The Supreme Court has been quite friendly to arbitration, deflecting attacks against arbitration clauses — often characterized by detractors as “forced arbitration” —in consumer setting. For example, in AT&T Mobility LLC v. Conception, 563 U.S. 333 (2011), the Supreme Court made it clear that the … Continue reading The Arbitration Debate: Does It Affect Commercial Arbitration

Commercial Arbitration Potholes: Cross-examination

Arbitration has replaced litigation for many disputes. That isn’t likely to change as litigation costs go up and arbitrators continually work to make arbitrations more efficient and effective.  So, if you are involved in commercial litigation, there is a good chance you will be more and more involved in arbitration of disputes. Arbitration looks quite … Continue reading Commercial Arbitration Potholes: Cross-examination