Arbitration Faces Challenges On Two Fronts

Arbitration Faces Challenges On Two Fronts

These days arbitration seems to be everywhere. Binding pre-dispute arbitration provisions feature in all kinds of contracts; the Supreme Court regularly issues pro-arbitration decisions; and there has never been more discussion about how to employ arbitration fairly and effectively. But these realities underpin and point up twin challenges facing arbitration. First, arbitration has yet to …

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How Does An Arbitrator Decide Who To Believe?

How Does An Arbitrator Decide Who To Believe?

It is common at an arbitration hearing for each side to present diametrically different versions of the dispute. This is especially true in cases of sexual harassment in which the accuser tells one story and the accused tells a completely different story. In such cases, it is the Arbitrator’s responsibility to determine who is telling …

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Take Control of Your Arbitration Costs

Take Control of Your Arbitration Costs

When parties lament the costs of arbitration, I wonder if as an arbitrator I need to undertake a review of what can be done to make things more efficient.As we begin 2012, I reflect back on a topic we all (practitioners and arbitrators) read and heard a lot about in 2011, namely managing, or indeed …

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The Power Of “And”

The Power of And

The word “and” is short but powerful. It connects as well as includes. It adds rather than negates. The word “and” provides energy in collaboration and contributes momentum toward synergy. This word enables people with differing perspectives to find common ground. It can supply motivation when opposing parties may be losing hope of achieving their …

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Creating a Better ICSID

In improving the International Centre for Settlement of Investment Disputes (ICSID), the following competing interests must be considered: need to promote efficiency, need to unify the diverse jurisprudence of international investments, and need to promote investments abroad.  Jack Coe wrote the following: “Sustained momentum toward an award is also often countered by the need to …

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AAA Construction Rules

AAA Construction Rules

When a dispute arises during a construction project, the parties may use the AAA Construction Rules, which cover arbitration and mediation procedures for construction disputes governed by the American Arbitration Association.  It allows the parties to a dispute to attempt to resolve their disagreement without going through a trial and litigating the dispute in front …

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AAA Employment Arbitration Rules Explained

AAA Employment Arbitration Rules

AAA Employment rules have been a hot topic for decades regarding the enforceability and fairness of the pre-dispute arbitration clauses in the employment context. American Arbitration Association (AAA) Employment rules have been a hot topic for decades. The issue is of huge practical importance because, depending on which study one believes, between twenty and forty …

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Arbitration Notice

The first step in arbitration is generally served on the parties (and filing with the arbitration provider) a Notice of Arbitration. However, at times (depending on the provisions of the contractual arbitration clause, the applicable arbitration rules, or legal authority), another document, such as a Notice of Appointment of Arbitrator(s), may begin the arbitral proceedings. …

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How Much Does Arbitration Cost?

How much does arbitration cost?

The arbitration process can be very beneficial, but how much will arbitration costs be? Beginning in the latter part of the 20th century, Americans sought relief from costly and time-consuming litigation, with Fortune 1000 companies leading the way. Civil litigation was a rich person’s game that even rich people didn’t want to play. In response, …

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What is the Purpose of the Bilateral Investment Treaty?

It is unlikely that one can make it through a discussion about international investment without considering the impact of bilateral investment treaties.  Bilateral investment treaties, or BITs, offer a higher level of protection, and options for dispute resolution, than investments without such treaties. Yet a person investing in their own country without much, or any, …

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