Humor often helps make stressful situations bearable. And arbitration hearings can be stressful. I’ve seen many arbitrators use humor to defuse tension and just make life a little more enjoyable for everyone involved. I’ve even tried it myself. Sometimes it works. Sometimes it doesn’t. But sometimes the joke isn’t taken the right way. Or … Continue reading The Case of the Impartial Joke
At one time, some courts didn’t think arbitration was the right way to resolve disputes. Arbitrators didn’t need to be lawyers, and they often didn’t approach things the way a court would. To those used to the way courts decide disputes, arbitrators’ way of deciding disputes could seem, well, arbitrary. And so, many courts were … Continue reading Ninth Circuit to Arbitrator: You can’t do that, even here in arbitration nation.
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