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
In a recent post on how to make arbitration more efficient, I suggested that avoiding administered arbitration was generally not a good way to go. Included among the reason not to skip administration were: (1) AAA provides access to experienced, well-qualified arbitrators and a well-defined process for selecting them, (2) someone needs to determine challenges … Continue reading Efficient Commercial Arbitration: À La Carte Services
With this post, we are going to move from efficiency in commercial arbitration to tricky issues that can come up. Let’s start with one that does not often come up, but that you will want to be ready for: a lawyer who is not licensed in the state where the arbitration is held. In … Continue reading Commercial Arbitration Potholes: The Locally Unlicensed Lawyer
One expense in arbitration lawyers often seem to immediately hit on when thinking of ways to make arbitration less expensive is administration fees. Why pay for an arbitral forum like AAA, ICDR, or JAMS to administer the arbitration? After all, filing fees are still pretty cheap in court. Administration fees are not that cheap. This … Continue reading Efficient Arbitration Part IX: Should You Skip Administration?
We have been considering different ways to reduce the cost of arbitration. Let’s now consider the cost of a transcript. No rule requires a stenographer at an arbitration hearing, although that is typically allowed. See, e.g. AAA Commercial Rule 28. But should you spend the money on a transcript for your next arbitration? Like everything … Continue reading Efficient Arbitration Part VII: Do You Need a Transcript?