Category: Commercial

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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
PRC Court Sets Aside Cryptocurrency Award on Public Interest Grounds author.

PRC Court Sets Aside Cryptocurrency Award on Public Interest Grounds

This article first appeared on Arbitration Notes by Herbert Smith Freehills, here. Shenzhen Intermediate People’s Court has ordered that an...

By Helen Tang, Anthony Crockett, Briana Young
Article 12(9) of new ICC Rules: is party autonomy really being eroded? author.

Article 12(9) of new ICC Rules: is party autonomy really being eroded?

First published on Thomson Reuters Practical Law Arbitration Blog, here. The principle of party autonomy is expressed and enshrined in...

By Ruth Hosking
FAIR Act Published. It’s Pretty Much the Same as the Last Iteration author.

FAIR Act Published. It’s Pretty Much the Same as the Last Iteration

This article first appeared on the Securities Arbitration Alert (SAA) Blog, here. The recently-introduced Forced Arbitration Injustice Repeal (FAIR) Act has been...

By George Friedman
Arbitration Conversation No. 51: Tanya Venter, Director of Tokiso Dispute Resolution in South Africa author.

Arbitration Conversation No. 51: Tanya Venter, Director of Tokiso Dispute Resolution in South Africa

In this episode of the Arbitration Conversation, Amy interviews Tanya Venter advocate of the High Court and a member of...

By Tanya Venter, Amy Schmitz
New AAA Consumer Fee Schedule Addresses Mass Arbitration Costs author.

New AAA Consumer Fee Schedule Addresses Mass Arbitration Costs

This article first appeared on Consumer Finance Monitor, here. A litigation phenomenon that has recently surged is the simultaneous filing...

By Mark Levin
Five Lessons Learned From My First Virtual Arbitration—Including Be Sure to Wear Sunscreen author.

Five Lessons Learned From My First Virtual Arbitration—Including Be Sure to Wear Sunscreen

This article first eppared on the JAMS ADR Blog, here. I just finished my first virtual arbitration, which involved a...

By Adrienne Publicover
A Look At AAA’s Special Pro Se Case Administration Unit author.

A Look At AAA’s Special Pro Se Case Administration Unit

This article first appeared on the Securities Arbitration Alert (SAA) Blog, here. The American Arbitration Association (“AAA” or “Association”) in...

By George Friedman
The Psychology and Neuroscience Applied to Arbitration – The Next Top Model author.

The Psychology and Neuroscience Applied to Arbitration – The Next Top Model

Social Psychology studies how people think, feel, and behave (Robbennlot, Jennifer K and Sternlight, Jean R. Psychology for Lawyers, Understanding...

By Rosa María Abdelnour Granados
Arbitration Conversation No. 50: Chittu Nagarajan, Founder and CEO of CREKODR.com author.

Arbitration Conversation No. 50: Chittu Nagarajan, Founder and CEO of CREKODR.com

In this special 50th episode of the Arbitration Conversation Amy interviews Chittu Nagarajan, Founder and CEO of CREKODR.com and former...

By Chittu Nagarajan, Amy Schmitz
Arbitration Tips-N-Tools (TNT): Round 9 author.

Arbitration Tips-N-Tools (TNT): Round 9

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

By Julie Hopkins, Rachel Goedken, Linda Michler, Amy Schmitz
Canada – ‘Only Logical to Modernize’ New York Convention ‘Agreement in Writing’ to Include Text/E-Mail Exchange author.

Canada – ‘Only Logical to Modernize’ New York Convention ‘Agreement in Writing’ to Include Text/E-Mail Exchange

This article first appeared in Urbas Arbitral, here. In Parrish & Heimbecker Ltd. v. TSM Winny AG Ltd., 2020 SKQB 348,...

By Daniel Urbas
International Centre for Dispute Resolution (ICDR) Rule Amendments Greenlight OArb author.

International Centre for Dispute Resolution (ICDR) Rule Amendments Greenlight OArb

Effective March 1, 2021, the International Centre for Dispute Resolution (ICDR) amended a number of its International Dispute Resolution Procedures....

By Amy Schmitz

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