Fair disposition of a dispute often requires studying key documents to understand the facts and circumstances of the dispute. In litigation, you can use the rules to subpoena documents from non-parties before the trial, although the procedure can be somewhat complicated when the non-party is in a different jurisdiction. Then, you may have to get … Continue reading Subpoenaing Discovery Documents in Arbitration? Plan Ahead.
We recently completed two nationwide webcasts sponsored by the American Bar Association’s IP Section and other sections. The webcasts were presented by two other ABA book authors, Harrie Samaras and David Newman, and me. Here is link to the ABA site to get the programs and a deal on the books: https://shop.americanbar.org/eBus/Default.aspx?TabID=1538&productId=309689703 Here is … Continue reading Arbitration Webcasts through ABA
Arbitration is designed to be faster and less expensive than court. It can be both those things because the procedure is limited. The parties have contracted to have their dispute decided by a single arbitrator or panel of arbitrators and to abide by the decision. Unless they have contracted for an arbitral appeal, the post-hearing … Continue reading Courts to Lawyers: We Mean It. Stop Making Baseless Attacks on Commercial Arbitration Awards.
Please join me for part two of this webinar announced by the ABA as follows: ABA-IPL Books Webinar Two-Part Series Your opportunity to hear from these distinguished IP attorneys and authors, as they bring alive selected topics from their new books: • Key strategies and practice tips for arbitrating commercial disputes, including patent and technology … Continue reading ABA Arbitration Webinar, part 2. Please join me!
On March 14 it was my honor to present at an ABA Webinar with two other ABA authors Harrie Samaras and David Newman. The program is the first of a two part series and is entitled: ABA-IPL Books Two-Part Webinar Series: Setting the Stage for a Successful Commercial Arbitration (Part I). Copies of the … Continue reading Arbitration Webinar Available from ABA
The ABA-IPL Section has just made the following announcement. ABA members, please join us for these webinars, March 14 noon Central and April 12 noon Central time: Join our IP authors and speakers, David Allgeyer, David Newman, and Harrie Samaras for an ABA-IPL Books Webinar two-part series, presenting the latest insight into disputing contracts involving … Continue reading ABA Webinars focusing on arbitration
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
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
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
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