Articles

Just Like Thanksgiving and Black Friday: Five Truisms about Arbitration — That Aren’t True author.
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Just Like Thanksgiving and Black Friday: Five Truisms about Arbitration — That Aren’t True

This article first appeared on Securities Arbitration Alert, here. Years ago I penned a blog post on Thanksgiving and arbitration....

By George Friedman
UNCITRAL Working Group III To Consider the Draft Arbitrator Code of Conduct author.
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UNCITRAL Working Group III To Consider the Draft Arbitrator Code of Conduct

This week, UNCITRAL Working Group III will consider the Draft Arbitrator Code of Conduct.  They will be looking at proposed Article...

By Katherine Simpson
Canada – Award Challenged for Legal Error, Denial of Natural Justice After Baseball Arbitration author.
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Canada – Award Challenged for Legal Error, Denial of Natural Justice After Baseball Arbitration

This article first appeared on the Arbitration Matters blog, here. In 1150 Alberni Limited Partnership v Northwest Community Enterprises Ltd., 2021...

By Lisa C. Munro
Arbitration Tips-N-Tools (TNT): Round 20 author.
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Arbitration Tips-N-Tools (TNT): Round 20

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

By Imre Szalai, Steven Shapiro, Erin Archerd, Amy Schmitz
The Future of the Transportation Worker Exemption to Mandatory Arbitration – Clarity for the Gig Economy? author.
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The Future of the Transportation Worker Exemption to Mandatory Arbitration – Clarity for the Gig Economy?

In 1925, the Federal Arbitration Act (“FAA”) was enacted to ensure the validity and enforcement of arbitration agreements due to...

By Brittany Munn
Tales from the Arbitration Crypt author.
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Tales from the Arbitration Crypt

This article first appeared on the Securities Arbitration Alert Blog, here. With Halloween behind us, I thought it might be...

By George Friedman
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Diversity in International Arbitration – Online Colloquium hosted by Arbitrate.com and Texas A&M

https://www.youtube.com/watch?v=2oRJhagFbYQ https://youtu.be/-7KKc0De3BU

Canada – Challenge to Arbitrator’s Integrity to be Determined Using Bias Test author.
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Canada – Challenge to Arbitrator’s Integrity to be Determined Using Bias Test

This article first appeared on the Arbitration Matters blog, here. In Farmer v Farmer, 2021 ONSC 5913, the appellant wife appealed...

By Lisa C. Munro
UNCITRAL Publishes Expedited Arbitration Rules author.
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UNCITRAL Publishes Expedited Arbitration Rules

This article first appeared on Arbitration Notes by Herbert Smith Freehills, here. In December 2020, we reported that the Working Group II...

By Andrew Cannon, Elizabeth Kantor, Gerald Leong
Arbitration Tips-N-Tools (TNT): Round 19 author.
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Arbitration Tips-N-Tools (TNT): Round 19

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

By Steven Shapiro, Imre Szalai, Erin Archerd, Amy Schmitz
Invoking a Policy’s Arbitral Provisions that Fall Under the New York or Panama Convention when a Third Party Sues the Insurer author.
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Invoking a Policy’s Arbitral Provisions that Fall Under the New York or Panama Convention when a Third Party Sues the Insurer

This article was originally published in the ARIAS·U.S. Quarterly, Q3, 2021 and is republished here with permission. A.        Overview The...

By Edward Lenci
6 Hours of Social Media Blackout in Arbitration? The Cybersecurity Perspective author.
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6 Hours of Social Media Blackout in Arbitration? The Cybersecurity Perspective

Did Monday 6th October 2021 feel like a snow or rain day to you? With Facebook, Facebook Messenger, Instagram, and...

By Katie Hyman, Wendy Gonzales
Divided Ninth Circuit Ruling on California AB-51 FAA Preemption is also a Split Decision: Statute is Preempted in Part author.
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Divided Ninth Circuit Ruling on California AB-51 FAA Preemption is also a Split Decision: Statute is Preempted in Part

This article first appeared on the Securities Arbitration Alert, here. A split Ninth Circuit has finally ruled on the validity...

By George Friedman
Indian Supreme Court Confirms Enforceability of India-Seated Emergency Arbitration Awards author.
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Indian Supreme Court Confirms Enforceability of India-Seated Emergency Arbitration Awards

This article first appeared on Arbitration Notes by Herbert Smith Freehills, here. The Supreme Court of India (the “Court“) has...

By Andrew Cannon, Tomas Furlong, Madhu Krishnan
UNCITRAL/ICSID Draft Code of Conduct for Adjudicators in Internation Investment Disputes author.
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UNCITRAL/ICSID Draft Code of Conduct for Adjudicators in Internation Investment Disputes

It has just been announced that ICSID and UNCITRAL have released the third version of the Draft Code of Conduct...

By Stacie Strong
Arbitration Coversation No. 66: Independent Arbitrator Sophie Nappert author.
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Arbitration Coversation No. 66: Independent Arbitrator Sophie Nappert

In this episode of the Arbitration Conversation, Amy interviews Sophie Nappert, an arbitrator in independent practice who is based in...

By Sophie Nappert, Amy Schmitz
Expedited Arbitration, Autonomy and Due Process author.
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Expedited Arbitration, Autonomy and Due Process

This article was first published on the Practical Law Arbitration Blog in two parts on 3 and 13 September 2021....

By Alexander Uff
Canada – Arbitrator’s Award Set Aside on Basis that it was “Arbitrary and Irrational” author.
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Canada – Arbitrator’s Award Set Aside on Basis that it was “Arbitrary and Irrational”

This article first appeared on the Arbitration Matters blog, here. In Shahcheraghi v Divangahi, 2021 BCSC 1576, Justice Horsman set aside...

By Lisa C. Munro
Second Version of The Draft Code of Conduct: Hits and Misses author.
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Second Version of The Draft Code of Conduct: Hits and Misses

This article was first published in the Indian Review of International Arbitration (IRIArb) journal. For more information about the journal,...

By Abhisar Vidyarthi, Sikander Hyaat Khan
Arbitration Tips-N-Tools (TNT): Round 18 author.
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Arbitration Tips-N-Tools (TNT): Round 18

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

By Erin Archerd, Steven Shapiro, Imre Szalai, Amy Schmitz
Servotronics on Certiorari Petition: “Never Mind!” But Badgerow Oral Argument is Now Set author.
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Servotronics on Certiorari Petition: “Never Mind!” But Badgerow Oral Argument is Now Set

This article first appeared on Securities Arbitration Alert, here. Just a month out from oral argument, Servotronics has notified the...

By George Friedman
In the Crosshairs: U.S. Congress Again Takes Aim at Arbitration Agreements in Employment Context author.
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In the Crosshairs: U.S. Congress Again Takes Aim at Arbitration Agreements in Employment Context

In the U.S. Congress’ latest proposal to strike against arbitration, Judiciary Committee Chairman Jerrold Nadler and Labor Committee Chairman Robert...

By John Schaffer, Marla Presley
Arbitration Conversation No. 65: Prof. Michael Pitton of the University of Iowa College of Law author.
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Arbitration Conversation No. 65: Prof. Michael Pitton of the University of Iowa College of Law

In this episode of the Arbitration Conversation Amy interviews Prof. Michael Pitton of the University of Iowa College of Law....

By Michael Pitton, Amy Schmitz
No “Do-Overs” When You Agree to Arbitrate Your Divorce author.
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No “Do-Overs” When You Agree to Arbitrate Your Divorce

This article first appeared in the NJ Family Legal Blog, here. As we have written before, alternate dispute resolution is...

By Eric Solotoff
MNLU Mumbai’s Centre for Arbitration and Research Publishes Inaugural Issue of Indian Review of International Arbitration author.
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MNLU Mumbai’s Centre for Arbitration and Research Publishes Inaugural Issue of Indian Review of International Arbitration

Maharashtra National Law University Mumbai’s Centre for Arbitration Research has published the inaugural issue of the Indian Review of International...

By Chirag Balyan
Canada – Under New B.C. Act, Third Party May Apply to Arbitrator OR Court to Set Aside Subpoena Issued by Arbitrator author.
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Canada – Under New B.C. Act, Third Party May Apply to Arbitrator OR Court to Set Aside Subpoena Issued by Arbitrator

This article first appeared on the Arbitration Matters blog, here. In Terrace Community Forest LLP v Skeena Sawmills Ltd., 2021 BCSC...

By Lisa C. Munro
The Continued Rise Of The New York Convention And The Fall Of The “Bellefonte Cap.” author.
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The Continued Rise Of The New York Convention And The Fall Of The “Bellefonte Cap.”

Another Circuit Court Holds That the New York Convention Pre-empts State Laws Prohibiting Arbitration of Insurance Disputes On August 12,...

By Edward Lenci
Diversity Checklist For International Arbitration (Part Three) author.
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Diversity Checklist For International Arbitration (Part Three)

This article was first published on the Thomson Reuters Practical Law Arbitration Blog, here. This three-part blog provides a diversity...

By Hanna Roos
Arbitration Tips-N-Tools (TNT): Round 17 author.
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Arbitration Tips-N-Tools (TNT): Round 17

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about the indicators would-be...

By Imre Szalai, Steven Shapiro, Erin Archerd, Amy Schmitz
AAA Promulgates New Supplementary Procedures for Multiple Case Filings author.
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AAA Promulgates New Supplementary Procedures for Multiple Case Filings

This article first appeared on Securities Arbitration Alert, here. In what we are certain is a reaction to a flurry...

By George Friedman

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