The Role of Outside Counsel 

Outside Counsel 

Legal spending by corporations will almost certainly continue to tighten in 2022.  The days of unlimited corporate legal budgets have been gone for some time, as companies have worked to rein in their legal spending in the face of skyrocketing costs.  These efforts have taken many forms. The key to many of the cost-cutting measures …

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Demand for Arbitration

Demand for Arbitration

When a party is looking to begin the process of arbitration, they will usually create and send a demand for arbitration.  A demand for arbitration is what will start the arbitration process as the parties have agreed upon.  Those on the receiving end may or may not understand what the process means, but they will …

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How Long Does Arbitration Take?

How long does arbitration take

Is Arbitration Really Faster? Because arbitration is often touted as a cheaper and quicker resolution when compared to litigation, curious minds may wonder how long arbitration takes.  While many proponents of arbitration state that it often moves more quickly than litigation, critics state that many times, it can just as long as litigation.  While this …

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What Does it Mean to Litigate a Dispute?

litigate a dispute

As practitioners of alternative dispute resolution, we compare our methods to litigation, often without pausing to describe what it means to litigate a dispute.  Litigation is often the alternative to dispute resolution because it is the default forum to resolve a dispute in the United States and many places around the world.  It is what …

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Locus Standi Clarified

Locus Standi

When bringing a lawsuit, the parties may need the term locus standi clarified.  The term is thrown around in a legal context often, but the definition is rarely discussed outside of first-year law school classes except by the occasional legal opinion that deals with the concept.  Yet having locus standi is the foundation of bringing …

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Prelitigation in Alternative Dispute Resolution

Prelitigation in Alternative Dispute Resolution

Well, you’re fed up with waiting. You’re finally ready to file that breach of contract suit against what used to be your best customer. They have been stringing you along, but you have had it. Or maybe you just got a nasty letter in the mail telling you the people who bought your house weren’t …

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New York Convention Arbitration

New York Convention Arbitration

The New York Arbitration Convention is the leading piece of international law governing the enforcement of arbitral awards internationally.  Every arbitration award that has been granted from one foreign state to another has likely interacted with the New York Convention in some way.  Formally called the Convention on the Recognition and Enforcement of Foreign Arbitral …

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What is the Role of the Court of Arbitration for Sport?

Court of Arbitration for Sport

The Court of Arbitration for Sport is also known as the Supreme Court for sport.  Known for anti-doping cases and the official court of disputes related to the Olympic games, the Court is a newer concept set up to handle disputes that are related to sports around the world.  Most countries around the world have …

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Class Action Arbitration: The Legality and Related Waiver Clauses

Class Action Arbitration

One of the most bitterly contested issues in arbitration law over the last twenty years is the legality of class action arbitration and waivers thereof.  Professor Elizabeth Tippett calls it the $100 million dollar question for Uber, referring to that company’s high-stakes employee misclassification litigation under wage and hour laws. Of course, Uber isn’t the …

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Pretrial and Post Trial Motions

Pretrial and Post Trial Motions

If a case is going to trial, it is important to consider pretrial and post-trial motions that could be made to further help the case.  Motion practice can be an exciting or frustrating part of a trial for attorneys and parties, as they can help the case go their way or they can make the …

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