The Arbitration Conversation

Check out all the episodes of The Arbitration Conversation:

• Episode 1: Svetlana Gitman, American Arbitration Association—Discussing AAA’s move online in the pandemic; how the AAA is assisting the move of their arbitrators moving online
• Episode 2: Prof. Dave Larson, Mitchell Hamline School of Law—Discussion of accessibility for differently abled individuals to arbitration processes, especially when they are online
• Episode 3: Prof. Bob Bailey, University of Missouri School of Law—Discussion of The New Prime v. Oliveri SC case
• Episode 4: Prof. Ben Davis, University of Toledo College of Law – Diversity in arbitration, and providing opportunities for arbtirators of color
• Episode 5: Prof. Tom Stipanowich, Pepperdine Caruso School of Law – Mixed mode and dispute resolution using mixed methods, including arbitration
• Episode 6: Prof. Mohamed Abdel Wahab of the Cairo University Faculty of Law – Arbitration in Cairo and developments abroad
• Episode 7: Prof. Sarah Cole of the Moritz College of Law at OSU – Promoting diversity in arbitration
• Episode 8: Prof. Richard Frankel of Drexel University Thomas R. Kline School of Law – Employment and labor arbitration issues
• Episode 9: Charles E. Harris II, Partner, Mayer Brown – Important issues related to drafting arbitration agreements, including pros and cons of carve-outs
• Episode 10: Prof. David Horton, UC Davis School of Law – Employment arbitration issues and Prof. Horton’s latest article re “infinite arbitration clauses.”
• Episode 11: Theo Cheng on Intellectual Property Arbitration – IP (intellectual property) arbitration and the special issues such cases raise
• Episode 12: Arbitrator Katherine Haennicke from AAA – Consumer arbitration and special issues related to arbitrating pro-se cases
• Episode 13: Prof. S.I. Strong of the University of Sydney – Trust arbitration and new laws in New Zealand
• Episode 14: Prof. Maureen Weston from Pepperdine Law School – Sports arbitration, including arbitration related to the Olympics and “doping” cases
• Episode 15: Prof. Chris Drahozal of KU Law –Discussion of the Henry Schein, Inc. v. Archer and White Sales, Inc., cases (I and II) – one that already has been decided by the U.S. S.Ct. and another that is pending the decision after oral arguments.
• Episode 16: Prof. Michael Z. Green of Texas A&M School of Law – Prof. Green’s latest articles, with a focus on diversity in arbitration
• Episode 17: Arbitrator Bill McGrath of Davis McGrath in Chicago – Motions practice in arbitration
• Episode 18: The “Blues Lawyer” Aric Garza on consumer arbitration – Discussion of consumer arbitration and how to promote fairness in consumer cases
• Episode 19: Prof. Anthony Daimsis of the University of Ottawa – The Uber case in Canada (unconscionability applied to the arbitration clause at issue under Canadian law)
• Episode 20: Prof. Catharine Titi of the University of Paris—ICSID and Investment arbitration
• Episode 21: Prof. Jill I. Gross of Pace Law School—FINRA arbitration and Prof. Gross’ work regarding securities arbitration.
• Episode 22: Prof. Carrie Shang of Cal State Polytechnic University, Pomona—Arbitration issues emanating from Hong Kong and China, including recent relational issues
• Episode 23: Dr. Nudrat Piracha, Member of the ICSID Ad Hoc Committee—ICSID and her leadership as the first Pakistani woman to earn her SJD
• Episode 24: Hilary Mofsowitz, South African Labor and Employment Arbitrator – Discussion of labor arbitration in South Africa and description of the process
• Episode 25: Arbitrator Nicholas Gowen, Partner at Burke, Warren, MacKay & Serritella – Practical insights on how arbitration fits in a larger problem-solving strategy
• Episode 26: Arbitrator Clifford Shapiro, Partner at Barnes & Thornberg, Chicago – Construction arbitration and special issues related to multi-party processes
• Episode 27: Prof. Rick Bales of Ohio Northern School of Law—Labor arbitration in the age of Covid and how labor arbitration moved online in the wake of the pandemic
• Episode 28: International Arbitrator and Mediator Wolf Von Kumberg – investment treaty arbitration and other international forms of arbitration
• Episode 29: Jonathan Eades, Senior Legal Counsel, BC Attorney General – Insights regarding a new Canadian Arbitration Law
• Episode 30: Colin Rule, CEO of Arbitrate.com and Mediate.com – Insights for the future of RIS, including the strategy for mediate.com and provisional9.sg-host.com moving into 2021 and beyond
• Episode 31: Prof. John Lande, University of Missouri School of Law – Considerations of risk management, and how arbitration fits into an overall conflict management plan
• Episode 32: Prof. Santiago Dussan of Pontificia Universidad Javeriana, Cali—Online Dispute Resolution in Latin America, and advances in application of technology to arbitration
• Episode 33: Prof. Nicolás Lozada Pimiento from Universidad Externado de Colombia –UNCITRAL Working Group III revisited and Online Dispute Resolution in Colombia, as well as the rest of Latin America
• Episode 34: Prof. Brian Farkas, Cardozo Law School – Politics in arbitration and how to discuss politics in the context of an arbitration class; the Trump administration’s perspective on arbitration
• Episode 35: Prof. Joshua Karton, Queens University Law School – Discussion of the new Canadian Journal of Commercial Arbitration and his new sociolegal study of arbitration on an international scale, seeking to understand the profession of commercial arbitration
• Episode 36: Mirèze Philippe Special Counsel ICC International Court of Arbitration—Discussion of her role in creating and leading ArbitralWomen and diversity in arbitration
• Episode 37: Sport Arbitrator Clifford J. Hendel—International sports arbitration, including arbitration of FIFA and basketball cases in Europe
• Episode 38: Arbitrator Jo Delaney of Baker McKenzie—A discussion of how she got into arbitration and became a leader in this space; a discussion of her work with ICSID, construction and other international cases; a discussion of arbitration law and some high-profile cases in Australia
• Episode 39: Arbitrator and Professor Moti Mironi – Arbitration in Israel, and latest developments related to law and practice in Israel
• Episode 40: Prof. Nicolas Vermeys of the University of Montreal Law School – Explanation of “AI” and discussion of AI in arbitration along with ways it can assist with dispute resolution
• Episode 41: George Friedman, Editor-in-Chief of Securities Arbitration Alert – Discussion of securities arbitration and how arbitration proceeds in FINRA, especially in the wake of the Covid-19 pandemic
• Episode 42: Prof. Victoria Sahani of Arizona State University — Director of the Faculty Inclusion Research for System Transformation Initiative, or FIRST initiative, a university-wide initiative supported by the ASU president’s office looking at the history of race and inclusion among faculty at the University. Discussion of what makes investment treaty arbitration different than regular international commercial arbitration, and why it is important to focus on investment treaty arbitration at this particular moment. Discussion of reforms in investment treaty arbitration that are likely to be implemented in the near future
• Episode 43: Prof. Andrea Bjorklund of McGill University Faculty of Law – Discussion of Investor-State arbitration and Working Group III of UNCITRAL, which is considering potential reforms to investor-state dispute settlement; consideration of specific issues discussed in WGIII, and its mandate to consider procedural reform issues as well as the biggest hurdles to progress at WG III
• Episode 44: Morenike Obi-Farinde, Founder, ODRAfrica Network—Online arbitration in Africa and the latest developments in ODR Africa
• Episode 45: Prof. Steven Ware, Kansas University School of Law – Discussion of Prof. Ware’s new book on arbitration, including current case law on evolving topics, such as delegation clauses, contracts formed by clicking links on cell phones, and substitutes for the class actions limited by Concepcion; discussion of arbitration issues from pop culture such as a Justin Bieber tweet, and contemporary disputes?involving Uber’s app, Donald Trump’s confidentiality agreement, and Jay-Z’s impact on arbitrator diversity
• Episode 46: Arbitrator, Mediator, and Trainer DeAndra Roaché of Cynergis ADR—Discussion of arbitration in the railroad industry and how railroad arbitration proceeds
• Episode 47: Ludvig Hambraeus of the Chartered Institute of Arbitrators—Discussion of CIArb, and his role as Policy Executive as well as consideration of how CIArb adapted to the impact of the Covid-19 pandemic and CIArb’ priorities going into 2021
• Episode 48: Hafez Virjee, President and Co-Founder of Delos Dispute Resolution – Discussion of online arbitration and his work as an online arbitrator with Delos; Discussion of his journey in founding Delos as a stand-alone dispute resolution entity
• Episode 49: Michael Waibel, Professor of international law, University of Vienna—Investment-treaty arbitration and the latest developments from his perspective in Europe
• Episode 50: Chittu Nagarajan, Founder and CEO of CREKODR.com – Development of CREK as an ODR and online arbitration platform, and how arbitration fits within the ODR spectrum
• Episode 51: Tanya Venter, Director of Tokiso Dispute Resolution in South Africa—Discussion of arbitration in South Africa, focusing on how South Africa deals with discrimination cases in the workplace, considering the history of Apartheid; discussion of how racism and other forms of discrimination are commonly found and resolved in the workplace
• Episode 52: Graham Ross, Head of International Marketing at Smartsettle.com – Discussion of Smartsettle, and how it works as a form of online arbitration; discussion of other online means for supporting and facilitating arbitration using algorithms
• Episode 53: Janet Walker, Canadian Professor and Arbitrator – Discussion of transparency in international commercial arbitration, and Prof. Walker’s recent work in the area, including considerations of what information we need and how it could be helpful to increase transparency in certain ways
• Episode 54: Myriam M. Seers, Senior Associate, Torys LLP—Discussion of how technology tools can be leveraged to change the way disputes are resolved; discussion as well around the types of disputes that arise in the technology space, and what needs to change in order to make dispute resolution tools accessible for smaller technology disputes
• Episode 55: Jan Martinez, Director, Gould ADR Program, Stanford Law School – Discussion of dispute system design and how arbitration fits into design considerations
• Episode 56: Deborah Hylton, Fellow of the Chartered Institute of Arbitrators – Discussion of arbitrators as problem solvers and how full spectrum ADR and mediation can work in tandem with party-driven arbitration to urge counsel to work within a problem solving framework
• Episode 57: Julie G. Hopkins, Independent Arbitrator from Calgary, Canada – Discussion of her paper with Daniel Urbas entitled “Virtual Practice Makes Virtually Perfect – Practical Considerations for Virtual Hearings Identified through Simulations with Experienced Counsel and Arbitrators” including lessons learned from  leading arbitration/advocacy professionals from across North America
• Episode 58: Prof. Rachel J. Goedken, Director, Werner Institute, Creighton Law – Discussion of how to get into labor arbitration and a discussion of how labor arbitration works
• Episode 59: Mediator, Arbitrator, and Special Master Karl Bayer—Discussion of virtual hearings and important tips and considerations for those moving their arbitration practice online
• Episode 60: Wendy Gonzales, Founder of Cyberarb—Discussion regarding the creation of “CyberArb” as means for promoting cybersecurity in arbitration as well as the importance of cybersecurity and having a concrete plan to safeguard the safety of data in the “new normal” of online arbitration
• Episode 61: Former Chief Justice of the Iowa Supreme Court Justice Marsha Ternus –Discussion regarding student conduct procedures and how they are similar to arbitration as well as how “ad hoc” arbitration differs from administered arbitration
• Episode 62: Prof. Rory Van Loo of the Boston University School of Law – Discussion of his recent article proposing a process for determining when and whether posts or parties are eliminated from platforms such as Amazon, Facebook, Twitter, etc.
• Episode 63: Prof. Pamela Bookman of the Fordham University School of Law – Discussion of arbitral courts, courts that mimic arbitration’s traditional features but that, unlike arbitration, bind third parties, develop law, and wield the power of the state
• Episode 64: Richard Ormond and Jake Stango of ejudicate.com – Discussion with the founders of ejudicate.com, a new ODR start-up that focuses on B2B online arbitration (OArb) describing their process, their reasons for founding the company, and how text-based arbitration can be both fair and efficient
• Episode 65: Prof. Michael Pitton of the University of Iowa College of Law –  Discussion about conducting in-person arbitrations safely by following the CDC Guidelines and the US Supreme Court Protocol during the age of Covid, and conducting arbitrations in a University setting.
• Episode 66: Independent Arbitrator Sophie Nappert – Discussion about the intersection between arbitration and technology and the increasing importance of cybersecurity, data protection, and cryptography tools such as blockchains in the process of conducting arbitrations online.
• Episode 67: Stephen Kane, Founder, and CEO of FairClaims.com – In this episode of the Arbitration Conversation Amy interviews Stephen Kae, Founder, and CEO of FairClaims.com, an ODR provider working with sharing economy & B2B marketplaces, insurance companies, construction companies, self-insured Fortune 500s, the Better Business Bureau and others to resolve disputes quickly and effectively.
• Episode 68: Prof. Imre Szalai of Loyola University New Orleans – In this episode of the Arbitration Conversation Amy interviews Prof. Imre Szalai of Loyola University New Orleans, a nationally-known scholar regarding the Federal Arbitration Act, and his teaching interests and scholarship focus on arbitration, civil procedure, and dispute resolution. Professor Szalai wrote a leading book about the enactment and development of modern arbitration laws, Outsourcing Justice: The Rise of Modern Arbitration Laws in America.
• Episode 69: Stephen Anway, Partner and Co-Chair of IDR at Squire Patton Boggs – In this episode of the Arbitration Conversation Amy interviews Arbitrator Stephen Anway, global co-chair of Squire Patton Boggs’ International Dispute Resolution (IDR) Practice. In that role, he leads a team of more than 140 lawyers across 20 countries in North America, the Caribbean, Europe, the Middle East and Asia Pacific. Stephen has represented the winning party in many of the largest international arbitrations in the world over the past 15 years. He has worked in more than 40 countries and has represented clients in some 100 investment treaty and international commercial arbitrations. He also is an Adjunct Professor of Law on both international commercial arbitration and investment treaty arbitration.
• Episode 70: Catherine Rogers, Founder, Arbitrator Intelligence – In this episode of the Arbitration Conversation Amy interviews Catherine A. Rogers, a scholar of international arbitration and professional ethics at Penn State Law, with a dual appointment as Professor of Ethics, Regulation, and the Rule of Law at Queen Mary, University of London, where she is also Co-Director of the Institute for Ethics and Regulation. Professor Rogers co-chaired the ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration and is the founder of Arbitrator Intelligence, a global information aggregator and legal tech start-up that aims at improving transparency, fairness, and accountability in arbitrator selection.
• Episode 71: Ashley Rafael, General Counsel, Midway Moving & Storage, Inc. – In this episode of the Arbitration Conversation Amy interviews Ashley Rafael, General Counsel, Midway Moving & Storage, Inc. Ashley is an arbitrator for the American Arbitration Association, serving on its Commercial, UM/UI, and Consumer Panels. She is also an adjunct Professor of Law at the University of Illinois at Chicago Law School teaching Arbitration Advocacy and coaches students for arbitration/trial teams for national competitions. She is a chair arbitrator for Cook County Mandatory Arbitration Program and the Commercial Calendar Mandatory Arbitration Program for the Law Division.
• Episode 72: Paul Barker, International Arbitrator and Fellow, Stanford Law School – In this episode of the Arbitration Conversation Amy interviews Paul Barker, a barrister at Doughty Street Chambers specializing in international arbitration, investor-state dispute settlement (ISDS), international law, climate finance, and sustainable investing. Paul has been recognized as a leading junior barrister for international arbitration (Who’s Who Legal: UK Bar). He is also ranked as one of the leading international arbitration lawyers globally under the age of 45 (Who’s Who Legal: Arbitration – Future Leaders
• Episode 73: Rana Sajjad Ahmad, Founder of CIICA Arbitration Center, Pakistan – In this episode of the Arbitration Conversation Amy interviews Rana Sajjad Ahmad, Founder and President of the Center for International Investment and Commercial Arbitration (CIICA) in Pakistan, as well as a Fellow of The Chartered Institute of Arbitrators and Partner at the Rana Ijaz & Partners law firm.
• Episode 74: Peter Merrill, CEO of Construction Dispute Resolution Services – In this episode of the Arbitration Conversation Amy interviews Peter Merrill, President and CEO of Construction Dispute Resolution Services, a leading provider of arbitration and mediation services in the construction industry, based in Santa Fe, New Mexico.
• Episode 75: Prof. Angie Raymond, Kelley School of Business, Indiana University – In this episode of the Arbitration Conversation Amy interviews Anjanette (Angie) Raymond, an Associate Professor in the Department of Business Law and Ethics, at the Kelley School of Business, Indiana University, and an Adjunct Associate Professor of Law at Maurer Law School (Indiana). She is currently a Visiting Fellow in International Commercial Law at the Centre for Commercial Law Studies, Queen Mary, University of London as well as a Professor in the International Business Law Program at the University of Navarra, Spain and lectures on international arbitration at the World Intellectual Property Organization.
• Episode 76: Prof. Steven Shapiro, American University Washington College of Law – In this episode of the Arbitration Conversation Amy interviews Prof. Steven Shapiro from the American University, Washington College of Law. Prof. Shapiro is the founder and Director of the Hospitality & Tourism Law program, and he is a Senior Affiliate in the Program on Law & Government, including his work in teaching Construction Law.
• Episode 77: Lawyer David Tenner, a Colorado Arbitrator and Special Master – In this episode of the Arbitration Conversation Amy interviews David Tenner, an arbitrator, a special master to area courts, and a trained mediator. He is a member of the commercial panel of the American Arbitration Association. He is a Fellow of the Academy of Court-Appointed Masters and in 2015 he was appointed to the Academy’s Board of Directors. He currently serves as ACAM’s secretary.