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Arbitration Articles

Archived Content: Arbitration

Arbitration Articles



Kenneth Feinberg
Ken Feinberg on High Profile Dispute Resolution (9/12/14)
Kenneth Feinberg
Well-known dispute resolution professional Ken Feinberg speaks on high profile dispute resolution and its relation to mediation.

Mark Baril
MED-ARB: The Best of Both Worlds or Just A Limited ADR Option? (Part Two) (8/22/14)
Mark Baril
Med-arb is the melding of two well-established processes for conflict resolution into one hybrid process. Mediation and Arbitration are used in conjunction with one another and, in the truest form of med-arb, the same third-party neutral plays the role of both mediator and arbitrator. In this paper, the term med-arb refers to this pure form that uses the same neutral, and is distinct from the common process where different neutrals are used in a mediation phase and an arbitration phase.


What the Supreme Court of India Got Right and What it Got Wrong (8/01/14)
Niyata Samir Ghandi
The Kluwer Arbitration Blog published an outsider’s perspective on the decision of the Supreme Court of India which has been applauded by international practitioners around the world since it curbed the jurisdiction of Indian courts over an arbitration agreement supplementing the pro-arbitration jurisprudence coming from the SCI over the last two years. The writer has commented not only as an outsider but also and more particularly as a Civil Lawyer, proposing an excellent alterative to the court’s approach. However, it may be necessary to have an insider’s perspective on the judgment.

Hilary Linton
Understanding Each Party’s Power in Family Mediation-Arbitration: Why it is Critical (7/25/14)
Hilary Linton
A recent Ontario Superior Court of Justice decision illustrates the need for clearer guidelines for “screening for power imbalances and domestic violence”, a mandatory component of Ontario family arbitration. It also demonstrates the benefits for parties, lawyers and arbitrators in understanding that some methods of screening are more effective than others; and in ensuring that screening is done in accordance with the best practices before the mediation in a mediation-arbitration.


Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play (7/09/14)
Zachary Ulrich, Tom Stipanowich
The Straus Institute recently conducted two major surveys of dispute resolution professionals: a survey of experienced arbitrators with the cooperation of the College of Commercial Arbitrators, and a survey of experienced mediators with the cooperation of the International Academy of Mediators. These studies produced a wide array of new information on arbitrator and mediator practices and perspectives that we hope will contribute to debate and discussion on many current professional issues. We are presently writing these up. The first fruit of these studies is the just-completed article Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play, which leads off the new Yearbook on Arbitration and Mediation.


Living with 'ADR': Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations (7/09/14)
J. Ryan Lamare, Tom Stipanowich
As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In 1997 a survey of Fortune 1,000 corporate counsel provided the first broad-based picture of conflict resolution processes within large companies. In 2011, a second landmark survey of corporate counsel in Fortune 1,000 companies captured a variety of critical changes in the ways large companies handle conflict. Comparing their responses to those of the mid-1990s, clear and significant evolutionary trends are observable, including a further shift in corporate orientation away from litigation and toward alternative dispute resolution (ADR).

Savannah Steele
Lack of Consumer Interest in Binding Arbitration Agreements (6/30/14)
Savannah Steele
This article takes a look into the Am. Exp. Co. v. Italian Colors Rest Supreme Court ruling, attempted Congressional remedies, and current studies on the rights of consumers in regards to binding arbitration clauses.

Mediate.com ZZZZZ
Mediate is Top Ranked Mediation Website (2/04/14)
Mediate.com
Mediate.com is ranked the top mediation and dispute resolution website by Alexa in its February 1, 2014 global website rankings. In business since 1996, Mediate.com has over 15,000 searchable mediation articles, blog posts, news items and videos. Mediate.com also hosts the most used mediator directory and offers mobile friendly website development, professional promotional services and cloud-based case management systems.

Art Hinshaw
Tide Turning a Bit on Mandatory Arbitration Through Recognition that Process Suppresses Claims? (12/20/13)
Art Hinshaw
FOI and semi-regular guest blogger Jean Sternlight (UNLV) shares with us her latest thoughts about mandatory arbitration. There is speculation that mandatory arbitration disserves consumers, but this next year offers options to increase protect fair policies.

Nicholas Peacock
The Spectre of Class Action Arbitration in Consumer Product Disputes (12/13/13)
Nicholas Peacock
Class arbitrations have primarily been viewed as an instrument of the US legal system. However, given the international capability and procedural flexibility of arbitration, the scope that they offer for collective redress by consumers is attracting increasing interest.

Ana Gonçalves
Luanda Believes in Mediation as a Valid Dispute Resolution Approach (12/13/13)
Ana Gonçalves
Between the 25th and the 29th of November of 2013, the CAAL, an Angolan arbitration dispute center based in Luanda, and Convirgente, with the support of the Angolan Bar Association and the Qualifying Assessment Program for Portuguese speaking countries represented by ICFML (Instituto de Certificação e Formação de Mediadores Lusófonos), organized a course on Mediation, in Luanda, Angola. The training purpose was to give participants the necessary skills to act as mediators in several types of disputes.

Beth Graham
The Promise of International Commercial Mediation (12/07/13)
Beth Graham
Although international commercial arbitration has long been the preferred means of resolving cross-border business disputes, the international corporate community has become increasingly concerned about increasing costs, delays and procedural formalities. As a result, parties are looking for other means of resolving cross-border business disputes.

Beth Graham
Consistently Inconsistent: The Need for Predictability in Awards (10/25/13)
Beth Graham
In investment treaty arbitrations, the stakes are high. It is not uncommon for claims to be asserted for hundreds of millions of dollars, and for the costs to resolve such disputes to run into the millions of dollars. Despite the substantial sums involved in resolving such disputes, there exists no uniform practice on awarding costs and fees in investment treaty arbitrations.


The Future of Financial Services Arbitration (10/04/13)
Emily Blanshard
Arbitration practitioners in Asia have long been used to seeing arbitration clauses as the prevalent form of dispute resolution in cross-border finance transactions. As other emerging markets (such as those in Africa) continue their rise, this trend looks set to spread to other regions. Within the EMEA (Europe, Middle East and Africa) region typically used as a business division within the financial services sector, it is only for intra-EU transactions where the old orthodoxy of court jurisdiction continues to hold strong.

Mediate.com ZZZZZ
Announcing Three New Online Dispute Resolution (ODR) Websites (5/22/13)
Mediate.com
Resourceful Internet Solutions, Inc. (RIS) and our flagship sites Mediate.com and Arbitrate.com are proud to announce the launch of three new online dispute resolution websites at: The world of online dispute resolution is growing rapidly and at an accelerating pace based both upon purely online initiatives and because all mediators and arbitrators are now "online mediators and arbitrators." We all now use the internet extensively in nearly every case. We hope and trust that you will gain great value from our new ODR websites.

Mohamed  S. Abdel Wahab
ODR and e-Arbitration – Trends & Challenges (5/17/13)
Mohamed S. Abdel Wahab
This chapter is divided into five sections. In section 1, the author sheds light on the conceptual framework of e-arbitration. In section 2, the issues pertaining to the e- arbitration agreement are scrutinized. Section 3 focuses on e-arbitral proceedings and section 4 addresses e-arbitral awards. Section 5 provides an overview of some e-arbitration projects and initiatives. Finally, the author offers some concluding observations,

Laura Lozano
Can a Med-Arb Serve in Two Processes? (5/10/13)
Laura Lozano
Med-Arb is a controversial hybrid of two processes in which parties first go to mediation, and if the process is not successful, they arbitrate. In the “pure” form, the same Neutral assists both processes. But how can an arbitrator who has held discussions with the parties satisfy the requirements of “impartiality” and be a “fair arbitrator?”

Tom Stipanowich
What Does the Fortune 1,000 Survey Portend for International Mediation? (4/02/13)
Tom Stipanowich
A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other approaches aimed at resolving disputes informally, quickly and inexpensively.

Gerry DeNotto
International and U.S. Arbitration from a Business Perspective: The Importance of the Arbitration Clause (2/15/13)
Gerry DeNotto
This article promotes the use of arbitration by business to resolve disputes as a flexible, cost effective process, in contrast to the public court system. The author’s International and U.S. arbitration experience is shared to demonstrate how a business-minded arbitration clause will result in a better managed dispute resolution process that business can relate to.

Jill Gross
Supreme Court Decides Yet Another Arbitration Case (11/30/12)
Jill Gross
The decision offers no new law: it just reiterates and reaffirms fundamental principles of the Court’s FAA jurisprudence, including broad FAA preemption, separability, and the power of the arbitrators to decide the enforceability of contracts containing an arbitration clause.

Konstantin Pilikov
Recognition of International Arbitration in Ukraine in Figures (10/26/12)
Konstantin Pilikov
Arbitration practitioners often put Ukraine below the average ranking of countries in terms of recognition of arbitration. Ukraine’s image of a not-entirely arbitration-friendly jurisdiction is “promoted” because of problematic enforcement of arbitral awards in Ukraine. However, in recent years the Ukrainian legal system demonstrated significant progress in adherence to the arbitration-friendly approach.

Michael P. Carbone
Alternatives to Arbitration (10/06/12)
Michael P. Carbone
The question whether arbitration is a good idea or not is constantly being debated. Those who believe that it is not a good idea should be aware that California law provides other alternatives to arbitration besides litigation.

Fuyong Chen
Striving for Independence, Competence, and Fairness: A Case Study of the Beijing Arbitration Commission - Part 2 (8/27/12)
Fuyong Chen
This second half of the article on the BAC (Beijing Arbitration Commission) reviews building effective mechanisms to maintain integrity. It examines fairness in arbitration and potential arbitration risks.

Fuyong Chen
Striving for Independence, Competence, and Fairness: A Case Study of the Beijing Arbitration Commission (8/12/12)
Fuyong Chen
The emergence in China of local arbitration commissions (“LACs”), and in particular their growing role as a forum of choice for dispute resolution, is a phenomenon that has received inadequate scholarly attention. This article intends to present an analysis of LACs based on a case study of the Beijing Arbitration Commission (“BAC”), for which the author worked as a part-time case-handling secretary.

Michael P. Carbone
Binding Mediation/Baseball Arbitration (7/30/12)
Michael P. Carbone
This article explains one of the settlement options that mediators and clients can utilize. This option provides for binding mediation by including a hybrid dispute resolution process of binding arbitration.

Michael Moffitt
U of O Law Dean Moffitt Chats with Sen. Russ Feingold Re: Arbitration Fairness Act (7/22/12)
Michael Moffitt
Senator Russ Feingold and Dean Michael Moffitt engage the Oregon Law ADR community in a lively conversation about the Federal Arbitration Fairness Act. November 7, 2011

Mediate.com ZZZZZ
Mediate.com Launches Arbitrate.com and Five Additional ADR Directories (6/25/12)
Mediate.com
Mediate.com is pleased to announce the launch of Arbitrate.com. Mediate.com and Arbitrate.com are also now joined by five additional ADR Directories!

Jim McCartney
What is Arbitration - Video (6/18/12)
Jim McCartney
Jim McCartney, a Charter Arbitrator and Charter Mediator, talks about what arbitration is. He explains the process and the benefits to the clients. He says that the best way to think of arbitration is as a private court.

Senyo M. Adjabeng
An Analysis of Dispute Resolution Mechanisms in the Corporate Governance Architecture of Ghana (6/18/12)
Senyo M. Adjabeng
It is a concern for dispute resolution practitioners in Ghana that the Corporate Governance Laws of Ghana, which are largely obsolete and lag behind contemporary and international standards and practice of corporate governance, still defer to litigation as a primary dispute resolution process for resolving corporate and commercial disputes. A saviour is a new law, the Alternative Disputes Resolution Act, 2010 (Act 651), which has streamlined ADR processes in Mediation and Arbitration for handling such disputes.

Victoria VanBuren
Recent Developments in International Arbitration (5/07/12)
Victoria VanBuren
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles).

Jim W Hildreth
Real Estate Mediation and Arbitration (4/30/12)
Jim W Hildreth
Why Litigate when you can Mediate? Today's consumer has other alternatives in a real estate dispute to avoid the cost and stress of litigation. Two of these alternatives are mediation and arbitration.

Art Hinshaw
The Unfairness of Arbitration? (3/12/12)
Art Hinshaw
In the New York Times, Stanford Law Prof. Amalia Kessler has an interesting op-ed about consumer arbitration. The interesting thing about this piece is not its arguments against consumer arbitration but its historical take on arbitration that looks back past the FAA.

Colin Rule
Stuck in Arbitration (3/12/12)
Colin Rule
YOU buy a cellphone, computer or car. You sign up for a credit card or open a retirement account. You apply for a job. In all these circumstances, you’re told that you must agree to dozens of terms and conditions, set forth in technical verbiage and tiny print. Eager to complete your purchase — or desperate to be hired — you ultimately sign without reading.

Kenneth Feinberg
Straus Institute Conversation Series featuring Ken Feinberg (Video) (3/09/12)
Kenneth Feinberg
The Straus Institute for Dispute Resolution debuted a new “Conversation” series on November 14, 2011, as part of their 25th anniversary celebration. “Straus Presents: A Conversation with Ken Feinberg” featured one of the best-known figures in the field of alternative dispute resolution in a ninety-minute interview conducted by Straus Institute academic director and William H. Webster Chair Tom Stipanowich. The interview focused on Feinberg’s early involvement as special master mediating the Agent Orange cases and other mass tort claims, his role as special master of the September 11th Victim Compensation Fund, and his current oversight of the Gulf Oil Spill Fund.

Hon. Arthur Ahalt
2012: The Move to Online Dispute Resolution (2/13/12)
Hon. Arthur Ahalt
As a new year begins there is always a clamor to know what is in store for the next 12 months. Some will look at last year and make a string of resolutions and predictions. While I do not pretend to be Carnac the Magnificent of Johnny Carson’s days, here is my take on the trends in 2012 that will shape ADR and ODR.

Victoria VanBuren
Federal Court Orders Arbitration of Claims in BP Oil Spill Case (9/12/11)
Victoria VanBuren
As readers may already know, litigation surrounding the “Deep Water Horizon” oil spill is well underway. In a later twist, a federal trial court in Louisiana granted a motion to stay litigation between Anadarko and BP and ordered the parties to arbitrate pursuant to an arbitration clause found in their Joint Operating Agreement.

Paul Kirgis
Customary Arbitration in an Evolving Africa (8/15/11)
Paul Kirgis
Just as I am beginning to settle back into my bourgeois American lifestyle, I wake up this morning to find this article in the Times on a Ghanaian chief who spends most of his year in New York overseeing a taxi operation with his wife.

Sarah Cole
Information About AAA Updating Class Arbitration Rules and Fallout from Concepcion (7/25/11)
Sarah Cole
Information About AAA Updating Class Arbitration Rules and Fallout from Concepcion

Brett Goodman
Texas Court of Appeals Finds Arbitration Waiver and Refuses to Compel Arbitration (7/25/11)
Brett Goodman
The Court of Appeals of Texas in Dallas has denied an appeal seeking to overturn a trial court’s decision not to compel arbitration.

Jill Gross
Second Circuit Affirms $400 Million FINRA Arbitration Award (6/05/11)
Jill Gross
Late last week, the Second Circuit affirmed a denial of a vacatur motion in the context of a $400 million FINRA arbitration award. In STMicroelectronics, N.V. v. Credit Suisse Securities (USA), LLC.

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