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 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
In past articles, we have been exploring various aspects of arbitrating a patent case. These included the types of patent cases most likely to be arbitrated, formulation of arbitration clauses, the federal statutes governing arbitration of patent matters, considerations regarding use of experts in arbitration, and exchanges of information as well as witness lists, document … Continue reading Arbitrating the Patent Case Part XIV: Sequestration at the hearing