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.
In earlier articles in this series we focused on arbitrating patent disputes. We began with the advantages and disadvantages of arbitrating patent matters, arbitration clauses, pretrial matters, the hearing, confirming the award, and attacking the award under the Federal Arbitration Act (“FAA”), among other things. We will now have a look at grounds for attacking … Continue reading Arbitrating the Patent Case Part XXIII: Non-Statutory Attacks
In earlier articles in this series we followed arbitration involving patent matters from drafting the arbitration clause through the award, motions to “reconsider” the award and, finally a motion to confirm the award. We now arrive at attacks on the award. The standard that applies to review of an arbitration award is much more rigorous … Continue reading Arbitrating the Patent Case Part XXII: Attacks on the Award