Articles

Canada – Complex Contractual Matrix and Lack of Privity Prompts Court to Propose Arbitration author.
Category

Canada – Complex Contractual Matrix and Lack of Privity Prompts Court to Propose Arbitration

This article first appeared on Urbas Arbtiral here. In CUSO International v. Pan American Development Foundation, 2021 ONSC 3101, Mr. Justice...

By Daniel Urbas
Reminder Of American Exceptionalism In Consumer Arbitration author.
Category

Reminder Of American Exceptionalism In Consumer Arbitration

“American exceptionalism” has been used to reference the United States’ outlier policies in various contexts, including its love for litigation. ...

By Amy Schmitz
FINRA Issues Reg Notice on “Do’s and Don’ts” of PDAA Use in Customer Agreements author.
Category

FINRA Issues Reg Notice on “Do’s and Don’ts” of PDAA Use in Customer Agreements

This article first appeared on the Securites Arbitration Alert (SAA) Blog here. FINRA has issued a Regulatory Notice reminding industry...

By George Friedman
Arbitrator “Intelligence” and the Mysterious Brown M&M author.
Category

Arbitrator “Intelligence” and the Mysterious Brown M&M

When Arbitrator Intelligence promised to increase transparency, accountability, and diversity in arbitrator selection, it was celebrated as a welcome innovation....

By Katherine Simpson
Arbitration of Digital Disputes in Smart Contracts and The Release of The Digital Dispute Resolution Rules from The UK Jurisdiction Taskforce author.
Category

Arbitration of Digital Disputes in Smart Contracts and The Release of The Digital Dispute Resolution Rules from The UK Jurisdiction Taskforce

This article first appeared on Arbitration Notes by Herbert Smith Freehills, here. On 22 April 2021 the UK Jurisdiction Taskforce...

By Craig Tevendale, Chris Parker, Dorothy Livingston, Vanessa Naish, Charlie Morgan
Enforcing Arbitral Awards Globally Practical Considerations author.
Category

Enforcing Arbitral Awards Globally Practical Considerations

This article first appeared on the Practical Law Arbitration Blog, here. What happens after a claimant successfully obtains an arbitral award against...

By Christopher Tan, Christina Liew
COVID-19’s Continued Impact on ADR Providers: The Key Institutions Update Us on Plans for the Future author.
Category

COVID-19’s Continued Impact on ADR Providers: The Key Institutions Update Us on Plans for the Future

This article first appeared on the Securities Arbitration Alert (SAA) Blog here. The COVID-19 pandemic hit all Americans in many...

By George Friedman
Arbitration Conversation No. 57: Independent Arbitrator Julie G. Hopkins from Calgary, Canada author.
Category

Arbitration Conversation No. 57: Independent Arbitrator Julie G. Hopkins from Calgary, Canada

In this episode of the Arbitration Conversation Amy interviews Independent Arbitrator Julie G. Hopkins from Calgary, Canada. Julie has decided...

By Julie Hopkins, Amy Schmitz
The Limits of Consent in Multi-Party Arbitration Agreements author.
Category

The Limits of Consent in Multi-Party Arbitration Agreements

This article first appeared on Global Arbitration News by Baker McKenzie, here. Certain arbitration rules, such as Article 22.1(vii) of...

By Nandakumar Ponniya, Richard Allen, Nicholas Tan
Arbitration Advocacy: New Course and Interview with Karl Bayer & Tracy McCormack author.
Category

Arbitration Advocacy: New Course and Interview with Karl Bayer & Tracy McCormack

I'm very excited to share the news that we've just posted a new course on Arbitrate University from the legendary...

By Colin Rule
Can You Waive Appellate Review of an Arbitration Award? The Fourth Circuit Says Yes author.
Category

Can You Waive Appellate Review of an Arbitration Award? The Fourth Circuit Says Yes

Many arbitration agreements address the finality of any resulting award, with differing and sometimes vague language. A number of readers...

By John Lewis
Arbitration Conversation No. 56: Deborah Hylton, Fellow of the Chartered Institute of Arbitrators author.
Category

Arbitration Conversation No. 56: Deborah Hylton, Fellow of the Chartered Institute of Arbitrators

In this episode of the Arbitration Conversation, Amy interviews Deborah Hylton, Fellow of the Chartered Institute of Arbitrators. Deborah is...

By Deborah Hylton, Amy Schmitz
ICSID and UNCITRAL Release Version Two of the Draft Code of Conduct for Adjudicators in International Investment Dispute author.
Category

ICSID and UNCITRAL Release Version Two of the Draft Code of Conduct for Adjudicators in International Investment Dispute

ICSID and UNCITRAL have just released an update to the draft Code of Conduct for Adjudicators in International Investment Disputes. This...

By Stacie Strong
Supreme Court of Canada finds Uber Arbitration Clause is Unconscionable author.
Category

Supreme Court of Canada finds Uber Arbitration Clause is Unconscionable

This article first appeared on Global Arbitration News by Baker McKenzie, here. In Uber Technologies Inc. v. Heller, 2020 SCC 16 (“Uber v....

By Christina Doria, Brittany Shales
Canada – Non-party Witnesses Applying to Arbitrator to Quash Summonses Do Not Attorn to Jurisdiction author.
Category

Canada – Non-party Witnesses Applying to Arbitrator to Quash Summonses Do Not Attorn to Jurisdiction

Despite extensive rights of appeal provided in BP’s and D’s agreement to arbitrate, Mr. Justice William S. Chalmers in Bergmanis v....

By Daniel Urbas
Margin Debt Hits An All-time High of $814 Million. Any Arbitration Implications? author.
Category

Margin Debt Hits An All-time High of $814 Million. Any Arbitration Implications?

This article first appeared on the Securities Arbitration Alert (SAA) blog, here. Margin debt in February grew to $814 million,...

By George Friedman
Arbitration Conversation No. 55: Jan Martinez, Director, Gould ADR Program, Stanford Law School author.
Category

Arbitration Conversation No. 55: Jan Martinez, Director, Gould ADR Program, Stanford Law School

In this episode of the Arbitration Conversation, Amy interviews Janet Martinez, Director, Gould Negotiation and Mediation Program; Director, Gould Alternative...

By Janet Martinez, Amy Schmitz
Arbitration Tips-N-Tools (TNT): Round 11 author.
Category

Arbitration Tips-N-Tools (TNT): Round 11

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about advice for holding...

By Deborah Hylton, Marsha Ternus, Michael Pitton, Amy Schmitz
GAO Report Says Arbitration Has Impacted Servicemember Rights, But to what Extent is Unclear author.
Category

GAO Report Says Arbitration Has Impacted Servicemember Rights, But to what Extent is Unclear

This article first appeared on the Securities Arbitration Alert Blog, here. The Government Accountability Office (“GAO”) has released a Report...

By George Friedman
Call for Participation in Questionnaire for the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings author.
Category

Call for Participation in Questionnaire for the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings

Women who have served or are serving as arbitrators are invited to participate in a questionnaire regarding their experiences, with...

By Stacie Strong
Arbitration Conversation No. 54: Canadian Arbitrator Myriam M. Seers, Senior Associate at Torys LLP author.
Category

Arbitration Conversation No. 54: Canadian Arbitrator Myriam M. Seers, Senior Associate at Torys LLP

In this episode of The Arbitration Conversation, Amy interviews Myriam Seers, an experienced arbitrator and Vice-Chair of the ICC Canada...

By Myriam Seers, Amy Schmitz
Prehearing Issues Raised by Virtual Hearings of FINRA Arbitrations author.
Category

Prehearing Issues Raised by Virtual Hearings of FINRA Arbitrations

The Financial Industry Regulatory Authority (FINRA) has made significant changes to the arbitration process in response to the COVID-19 pandemic....

By Joel Everest, Josh Jones
Virtual v. In-Person Hearings in a COVID World and Beyond author.
Category

Virtual v. In-Person Hearings in a COVID World and Beyond

Prior to the pandemic, virtual hearings for labor-management arbitration and mediation were rarely used. Since the start of the pandemic...

By Joshua Javits
FINRA Posts Dispute Resolution Stats Through February: A Decent Month After a Rough Start to the Year author.
Category

FINRA Posts Dispute Resolution Stats Through February: A Decent Month After a Rough Start to the Year

This article first appeared on the Securities Arbitration Alert (SAA) Blog, here. FINRA Dispute Resolution Services (“DRS”) posted case statistics through February...

By George Friedman
Canada – Jurisdiction Involves Whether Arbitrator has Authority to Make Inquiry, Not the Answer to the Inquiry author.
Category

Canada – Jurisdiction Involves Whether Arbitrator has Authority to Make Inquiry, Not the Answer to the Inquiry

This article first appeared on Urbas Arbitral, here. In Parc-IX Limited v. The Manufacturer’s Life Insurance Company, 2021 ONSC 1252, Mr....

By Daniel Urbas
Arbitration Conversation No. 53: Canadian Arbitrator Janet Walker author.
Category

Arbitration Conversation No. 53: Canadian Arbitrator Janet Walker

In this episode of the Arbitration Conversation Amy interviews Janet Walker, an independent arbitrator with chambers at Arbitration Place in...

By Janet Walker, Amy Schmitz
AAA’s Amended International Rules: An Analysis author.
Category

AAA’s Amended International Rules: An Analysis

This article first appeared on the Securities Arbitration Alert (SAA) Blog, here. The American Arbitration Association recently amended its rules...

By George Friedman
California Appellate Court Overturns Arbitration Award that Violated Plaintiff’s Statutory Right to Work author.
Category

California Appellate Court Overturns Arbitration Award that Violated Plaintiff’s Statutory Right to Work

This article first appeared on Globar Arbitration News, Baker McKenzie, here. Brown v. TGS Management Co., 57 Cal. App. 5th...

By Jacob Kaplan, Michael Hidalgo
Arbitration Conversation Episode 52: Graham Ross, Head Of International Marketing at Smartsettle.com author.
Category

Arbitration Conversation Episode 52: Graham Ross, Head Of International Marketing at Smartsettle.com

In this episode of the Arbitration Conversation Amy interviews Graham Ross, Head Of International Marketing at Smartsettle Resolutions Inc. and...

By Graham Ross, Amy Schmitz
Right to a Physical Hearing Project: The Release of 20 New Reports Reinforces Core Trends and Important Divergences author.
Category

Right to a Physical Hearing Project: The Release of 20 New Reports Reinforces Core Trends and Important Divergences

Several months ago, Co-editors Giacomo Rojas Elgueta, James Hosking and Yasmine Lahlou, in collaboration with ICCA, released a number of...

By Stacie Strong

Featured Arbitrators

Results from: Virginia, United States
ad
ad

Find an Arbitrator