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Chinwe Egbunike-Umegbolu

Behind the Legal Frustration

(8/13/20)Chinwe Egbunike-Umegbolu

This paper focuses on the problems with litigation, the effectiveness of Arbitration in comparison with litigation and concludes by addressing the issue raised in the question.

Adedoyin Rhodes-Vivour

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Africa

(7/27/20)Adedoyin Rhodes-Vivour

Arbitral Community Mobilizes to Adapt to the COVID-19 Crisis through Increased Use of Electronic Proceedings

Michael Jacobs

Listening Sticks

(7/25/20)Michael Jacobs

The Listening Stick beliefs show up in mediation.

Katherine Haennicke

Arbitration Conversation No. 12: Arbitrator Katherine Haennicke from AAA

(7/24/20)Katherine Haennicke, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Arbitrator Katherine Haennicke from the American Arbitration Association about pro se parties in arbitration.

Ana Gonçalves

4th Key-Professionalism: Create a Universal Code of Disclosure

(7/20/20)Ana Gonçalves, Francois Bogacz, Daniel Rainey

Universal mediation standards have been a controversial issue ever since the rise of mediation as a dispute resolution process.

Mark Appel

4th Key-Professionalism: Encourage Mediation and Arbitration Integration

(7/20/20)Mark Appel, Wolf von Kumberg

This article discusses the importance of bridging mediation and arbitration.

Theo Cheng

Arbitration Conversation No. 11: Theo Cheng on intellectual property arbitration

(7/18/20)Theo Cheng, Amy Schmitz

In this episode of the Arbitration Conversation, Amy interviews independent arbitrator Theo Cheng on intellectual property arbitration.

Amy Schmitz

The Arbitration Conversation: Amy Schmitz Interviews the Leading Minds in Arbitration

(7/16/20)Amy Schmitz

The Arbitration Conversation is a periodic web series where Prof. Amy Schmitz interviews leading thinkers in arbitration around the world. Tune in for new episodes each week.

Amy Schmitz

Arbitration Conversation No. 1 - Amy Chats with Svetlana Gitman

(7/14/20)Amy Schmitz

In this episode of Arbitration Conversation Amy speaks with Svetlana Gitman of the American Arbitration Association

David Horton

Arbitration Conversation No. 10: Prof. David Horton, UC Davis School of Law

(7/13/20)David Horton, Amy Schmitz

In this episode Amy interviews Professor David Horton of the UC Davis School of Law about infinite arbitration clauses.

Charles Harris

Arbitration Conversation No. 9: Charles E. Harris II, Arbitrator and Partner at Mayer Brown in Chicago

(7/10/20)Charles Harris, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Charles E. Harris II, who is a Partner in the Litigation and Dispute Resolution Group and the International Arbitration Group at Mayer Brown in Chicago.

Richard Frankel

Arbitration Conversation No. 8: Prof. Richard Frankel of Drexel University School of Law

(7/05/20)Richard Frankel, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Prof. Richard Frankel, Associate Professor of Law and Director of the Federal Litigation and Appeals Clinic at the Drexel University Thomas Klein School of Law.

Sneha Vardhani

Legal Framework of Mediation in India and the Scope of Virtual Mediation

(7/02/20)Sneha Vardhani

The Indian Government announced a complete indeterminate lockdown across the nation in the month of March amid the spread of Corona Virus (COVID-19). This has effected the ability of people to resolve disputes.

Sarah Rudolph Cole

Arbitration Conversation No. 7: Prof. Sarah Cole of the Moritz College of Law at OSU

(6/29/20)Sarah Rudolph Cole, Amy Schmitz

Check out the latest episode of the Arbitration Conversation, where Amy interviews Prof. Sarah Cole of the Moritz College of Law at Ohio State University.

Mohamed  S. Abdel Wahab

Arbitration Conversation No. 6: Amy interviews Mohamed Abdel Wahab of the Cairo University Faculty of Law

(6/26/20)Mohamed S. Abdel Wahab, Amy Schmitz

Check out the latest episode of The Arbitration Conversation where Amy Schmitz interviews Mohamed Abdel Wahab on arbitration in Egypt.

Tom Stipanowich

Arbitration Conversation No. 5: Amy interviews Prof. Tom Stipanowich of the Pepperdine Caruso School of Law

(6/19/20)Tom Stipanowich, Amy Schmitz

Check out the latest episode of The Arbitration Conversation where Amy Schmitz interviews Tom Stipanowich about mixed mode arbitration and his concept of "arbigotiation" which keeps the door open to negotiated or mediated resolutions within an arbitration process.

Benjamin Davis

Arbitration Conversation No. 4: Amy Interviews Prof. Benjamin Davis of University of Toledo College of Law

(6/17/20)Benjamin Davis, Amy Schmitz

In this episode Amy Schmitz interviews Ben Davis about diversity in arbitration, with a particular focus on the new Diversity and Inclusion Policy that was recently issued by ICCA (the International Council of Commercial Arbitration).

Robert Bailey

Arbitration Conversation No. 3: Amy interviews Prof. Bob Bailey of Mizzou Law

(6/16/20)Robert Bailey, Amy Schmitz

In this episode of Arbitration Conversation Amy Schmitz interviews Prof. Bob Bailey of Mizzou Law on the new unanimous Supreme Court decision (authored by Justice Gorsuch) around the enforceability of arbitration for gig workers in the transportation sector and the interpretation of the FAA's applicability in state court.

David Larson

Arbitration Conversation No. 2 - Amy chats with Professor David Larson

(6/15/20)David Larson, Amy Schmitz

In this episode of Arbitration Conversation Amy speaks with Professor Dave Larson of the Mitchell Hamline School of Law on accessibility in mediation, arbitration, and online dispute resolution

Imre Szlai

New Supreme Court Arbitration Decision – GE Energy v. Outokumpu

(6/08/20)Imre Szlai

Earlier today, the Supreme Court issued a unanimous decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC. The case involves the New York Convention and international arbitration, and the Court held that the Convention does not displace domestic doctrines regarding equitable estoppel. These doctrines allow non-signatories to compel the enforcement of an arbitration agreement under certain circumstances.

Tom Stipanowich

Mediation vs. Arbitration

(5/15/20)Tom Stipanowich

Tom Stipanowich talks about the arbitration process being taken out of contracts while being replaced with mediation or litigation processes.

John Lande

Early Dispute Resolution Processes

(4/10/20)John Lande

This article describes various early dispute resolution processes and highlights presentations by Duncan MacKay, Deputy General Counsel & Chief Compliance Officer of Eversource Energy, and Conna Weiner, a mediator and arbitrator at JAMS and CPR.

F. Peter Phillips

Peter Kaskell, 1924-2019

(1/03/20)F. Peter Phillips

Peter Kaskell died on December 12, 2019. He was a dear friend whom I met at the CPR Institute and who taught me not just the delicate arts of demand-led commercial dispute management, but the even more delicate arts of humility, service and attention to others’ needs.

Jamie Costello

Mediation vs. Arbitration vs. Litigation: The differences you need to know about in business

(11/15/19)Jamie Costello

As a business owner, it’s extremely important to familiarize yourself with dispute resolution and the processes you need to take depending on the severity of a case.

Peter Robinson

Legal Process of Arbitration vs. Mediation

(8/05/19)Peter Robinson

Peter Robinson discusses differences between legal arbitration and mediation - mediation being the more effective process.

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Arbitration News

Med-Arb: Is It the Wave of the Future?The pressure on the Alternate Dispute Resolution world to handle what I believe will be a dramatic increase in volume offers the opportunity to consider a third or hybrid process of dispute resolution known as ...more
Arbitration in the Mix Regarding Mining Dispute in Zambia Reuters reported that Zambia’s state mining arm ZCCM-IH plans to appeal a court ruling in favor of India-based Vedanta, which has sought arbitration in a dispute over its jointly owned copper mine that is facing liquidation. Vedanta and th ...more
Tesla Owner's Bid to Avoid Arbitration in Battery Dispute Fails The Ninth Circuit Court of Appeals has dashed a Tesla owner’s plea to avoid arbitration regarding a battery dispute. Prior, a trial court ruled that Tesla I ...more
A Rare Occurrence: California Court Overturns Arbitrator's AwardEmployers should review their NDA agreem ...more
What law governs your arbitration clause? You decide. It will probably surprise you to hear that this is an issue that has vexed the courts and commentators, in England and internationally, for many years. ...more
Arbitration agreements: Governing law United Kingdom November 6 2020 - Clarification has recently been given by the Supreme Court in Enka v Chubb Russia [2020] UKSC 38, on the principles to be applied to determine the proper law of an arbit ...more
One more reason to arbitrate: BC's new Arbitration Act Arbitration has become an increasingly popular method for resolving legal disputes traditionally dealt with through the court system. Arbitration is known to be far more efficient and c ...more
London Court of International Arbitration (LCIA) Issues New Arbitration Rules The London Court of International Arbitration (LCIA) issued its new arbitration and mediation rules on Oct. 1, 2020. These rules will apply to all arbitrations commenced after ...more
Updates to ICC Arbitration Rules Aim for More Efficient, Flexible and Accountable Arbitrations On October 6, 2020, the International Court of Arbitration to the International Chamber of Commerce (ICC) adopted updates to its Rules of Arbitra ...more
Which country's laws govern an arbitration agreement?Where parties have chosen to arbitrate their disputes, but have not specified the law of the contract or arbitration agreement, what laws apply to the arbitration agreement? ...more