At one time, many courts were hostile to arbitration. 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. Read More
An advantage of commercial arbitration is that it is private. The dispute is resolved in a private proceeding. Unlike court, the public is not allowed in. But that doesn’t mean arbitration proceedings will remain secret. Read More
The ability to select and appear before arbitrators with factual subject-matter expertise is often proclaimed as a great advantage of arbitration over litigation. However, expert/arbitrators can also present perils to natural justice and to arbitral award enforcement. Read More
Intended primarily for disputants and their advocates, this article responds to commentators who have challenged, unfairly in the authors' view, the fundamental proposition that commercial arbitration is a viable, and often preferable, alternative to litigation. Read More
Today as never before, commercial dispute processing is “mixed mode,” with business parties and counsel employing a variety of diverse approaches in order to promote their varied priorities in resolving conflict. Read More
(This article first appeared in the April 2021 issue of the Pennsylvania Bar Association ADR Newsletter).Justice may be blind, but it is not always just. An order in a child custody battle may not… Read More
We all try to stay on top of developments in the commercial arbitration field. Most can confidently recite the holdings from recent key Supreme Court decisions and a sprinkling of other notable or notorious rulings. Read More
Commercial arbitration is flourishing in New York because parties voluntarily agree that arbitration is the preferred method for addressing and resolving disputes that may arise from their contractual relationships. For a wide range of reasons, the freedom of contracting parties to make that choice is a good thing. Read More
Blockchain-based distributed (shared) ledgers (“Blockchain Ledgers”) provide an immutable, secure, and tamper-evident alternative to conventional transactional modalities,1 one which also yields enhanced accountability, traceability, and transparency. (Published in the AAA Dispute Resolution Journal, October 2020, Vol. 74, No. 4.) Read More
What are the benefits of private arbitration, and have they only been enhanced in the time of COVID? The benefits have only grown. Here is what I have observed that is new. Read More
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