As mentioned in an earlier article in this series 1, arbitration of cross-border disputes has many advantages. Surprisingly, foreign courts are more likely to enforce arbitration awards from another country than court judgments. This is because several international treaties provide for such enforcement. Apprehension about an unfamiliar court system may make arbitration more attractive to … Continue reading Embracing International Arbitration: California Acts. Other States Should, Too.
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.
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
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
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
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
Two very recent decisions by the United States Supreme Court have eliminated some of the advantages to which patent holders have become accustomed in the last few decades. Goodbye Texas The first is TC Heartland v. LLC v. Kraft Foods Group Brands, LLC, No. 16-341 (May 22, 2017). Sixty years ago, the Supreme Court decided … Continue reading The Supreme Court’s Recent Cut-back of Patent Holder Advantages: Possible Implications for Patent Arbitration?
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
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