Arbitration vs. Litigation: What Is The Difference?

Choosing whether to pursue arbitration vs. litigation hinges on several factors that parties should carefully consider as they decide on how to resolve their dispute(s). Once a dispute reaches the point where it is clear that the parties cannot reach an agreement and need a third party to decide the dispute, it will likely end …

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Incorporating Arbitration Agreements By Reference

In recent months, three federal circuit courts have confronted this question: can a defendant compel arbitration even in the absence of a signed written agreement containing an arbitration clause? The answers were yes, no, and maybe, but the analysis in all three turns on whether the party resisting arbitration should reasonably have known that an arbitration clause was part of the deal.

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Game Theory, Negotiation, and the “Black Box”

James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory; Where it started was cutting a cake; Where it ended was cutting out the lawyers, at least by implication.

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The Special Master: A Mediator Wearing Many Hats

The more complex our society becomes, the more complicated its litigation grows. By 2018, one-half of the federal docket was consumed by multi-district litigation — multiple cases concerning the same subject spread across the country. Add to that mass-tort litigation, class actions, products liability cases, multiparty construction litigation, and the flood of “normal” civil and criminal cases, and it’s clear our judiciary needs help. One source of that help is special masters appointed under Federal Rules of Civil Procedure 53.

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The Ins and Outs of Third-Party Arbitration

Many people participate in arbitrations every day. Arbitration covers disputes from business practices to disputes over fees to international investments. Parties may choose arbitration before or after a dispute arises, often by contractual terms. Businesses will opt for arbitration over litigation to save time and money when settling grievances before them. With arbitration becoming a …

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Settling The Unsettled Pragmatism In Arbitration Regime Over Unilateral Appointments

The jurisprudence on the appointment of the arbitrator has substantially been evolving through the judgment of various High Courts and the Supreme Court of India (‘Supreme Court’). On the contrary, there is an underlying bottleneck issue creating a conundrum when it comes to the law on appointment of arbitrator resulting in a juxtaposition between statutory …

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Understanding the Similarities and Differences Between Arbitration, Mediation, and Conciliation in The United States and Italy

Throughout life, it’s almost impossible to avoid disputes. These disputes can come in the form of a small issue that gets resolved quickly. On the other hand, other types of disputes aren’t so easy to solve. In the past, two parties would fight for years, if not decades, in courtrooms trying to settle disagreements. While …

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Arbitrating in the Age of Zoom

The new norm of social distancing, and a recent decision out of the Eleventh Circuit Court of Appeals, are changing the way arbitration are conducted. Now is the time to update the arbitration provisions in your contracts to take advantage of these changes the next time you have to arbitrate a dispute.

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