Consistently Inconsistent: The Need for Predictability in Awards
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
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.
Announcing Three New Online Dispute Resolution (ODR) Websites
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.
ODR and e-Arbitration – Trends & Challenges
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
Can a Med-Arb Serve in Two Processes?
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?”
What Does the Fortune 1,000 Survey Portend for International Mediation?
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.
Supreme Court Decides Yet Another Arbitration Case
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.
Recognition of International Arbitration in Ukraine in Figures
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.
Alternatives to Arbitration
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.
Striving for Independence, Competence, and Fairness: A Case Study of the Beijing Arbitration Commission
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.
Binding Mediation/Baseball Arbitration
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.
What is Arbitration - Video
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.
An Analysis of Dispute Resolution Mechanisms in the Corporate Governance Architecture of Ghana
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.
Recent Developments in International Arbitration
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).
Real Estate Mediation and Arbitration
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.
The Unfairness of Arbitration?
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.
Stuck in Arbitration
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.
Straus Institute Conversation Series featuring Ken Feinberg (Video)
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.
2012: The Move to Online Dispute Resolution
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.
Federal Court Orders Arbitration of Claims in BP Oil Spill Case
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.
Customary Arbitration in an Evolving Africa
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.
New Protocol on Damages in Arbitration
F. Peter Phillips
For the past two years, Lawrence Newman has chaired a Working Group at the CPR Institute studying determination of damages in arbitration, and he advises that the group’s end product, a Protocol on Determination of Damages in Arbitration, has now been released. Its full text appears below.
Musings By A Retired Judge On Discovery References
David A. Garcia
Court references are not appropriate for all cases and the authority of the courts to appoint referees or special masters is accordingly limited. Nevertheless in cases for which the appointment of a referee or special master is appropriate, a reference can assist the parties in achieving economic, streamlined resolution of discovery disputes.
Baseball Arbitration Belongs Here – Let The Games Begin, And The Disputes End!
Michael A. Zeytoonian
ve been looking at baseball arbitration lately to consider including it in the dispute resolution services we offer at the Zeytoonian Center. Upon further review, it should be added to our DR spectrum. It is a great complement as an option for closure in some of the other processes, like IDR and civil Collaborative Law.
New Jersey Court Green Lights Provider-Patient Arbitration Agreements
Richard J. Webb
n two rulings handed down over the last two weeks, the Appellate Division of the Superior Court of New Jersey removed any doubt that New Jersey healthcare providers can enter into enforceable, pre-dispute agreements to arbitrate medical malpractice claims.
U.S. Arbitration And Mediation Legislative Update
The following bills relating to alternative dispute resolution were introduced by the 111st U.S. Congress. The session will last from January 3, 2009 until January 3, 2011. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action.
E-Discovery In Arbitration
The business world has undergone a digital transformation, so it is not surprising to learn that 90% of all business information is electronically stored. Recent changes in Federal and State statutory schemes, the evolution of case material and the expansion of continuing education programs on the subject of E-discovery reflect this growing reality. Overlooked in the proliferation of commentary on retaining, finding, processing and producing electronically stored information (“ESI”) is the question of how to deal with such discovery in an arbitration setting.
U.S. Arbitration And Mediation Legislative Update
The following bills relating to alternative dispute resolution were introduced by the 111st Congress. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action.
CPR Institute Presents its 27th Annual Awards for Outstanding Scholarship in ADR
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The International Institute for Conflict Prevention & Resolution (CPR Institute), a nonprofit think-tank and alliance of global corporations, law firms, scholars, and public institutions dedicated to the principles of commercial conflict prevention and alternative dispute resolution (ADR), presented its 27th Annual Awards on January 13 in New York City.