Arbitration Section
Behind the Legal Frustration
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.
Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Africa
Arbitral Community Mobilizes to Adapt to the COVID-19 Crisis through Increased Use of Electronic Proceedings
Arbitration Conversation No. 12: Arbitrator Katherine Haennicke from AAA
In this episode of the Arbitration Conversation Amy interviews Arbitrator Katherine Haennicke from the American Arbitration Association about pro se parties in arbitration.
4th Key-Professionalism: Create a Universal Code of Disclosure
Universal mediation standards have been a controversial issue ever since the rise of mediation as a dispute resolution process.
4th Key-Professionalism: Encourage Mediation and Arbitration Integration
This article discusses the importance of bridging mediation and arbitration.
Arbitration Conversation No. 11: Theo Cheng on intellectual property arbitration
In this episode of the Arbitration Conversation, Amy interviews independent arbitrator Theo Cheng on intellectual property arbitration.
The Arbitration Conversation: Amy Schmitz Interviews the Leading Minds in Arbitration
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.
Arbitration Conversation No. 1 - Amy Chats with Svetlana Gitman
In this episode of Arbitration Conversation Amy speaks with Svetlana Gitman of the American Arbitration Association
Arbitration Conversation No. 10: Prof. David Horton, UC Davis School of Law
In this episode Amy interviews Professor David Horton of the UC Davis School of Law about infinite arbitration clauses.
Arbitration Conversation No. 9: Charles E. Harris II, Arbitrator and Partner at Mayer Brown in Chicago
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.
Arbitration Conversation No. 8: Prof. Richard Frankel of Drexel University School of Law
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.
Legal Framework of Mediation in India and the Scope of Virtual Mediation
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.
Arbitration Conversation No. 7: Prof. Sarah Cole of the Moritz College of Law at OSU
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.
Arbitration Conversation No. 6: Amy interviews Mohamed Abdel Wahab of the Cairo University Faculty of Law
Check out the latest episode of The Arbitration Conversation where Amy Schmitz interviews Mohamed Abdel Wahab on arbitration in Egypt.
Arbitration Conversation No. 5: Amy interviews Prof. Tom Stipanowich of the Pepperdine Caruso School of Law
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.
Arbitration Conversation No. 4: Amy Interviews Prof. Benjamin Davis of University of Toledo College of Law
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).
Arbitration Conversation No. 3: Amy interviews Prof. Bob Bailey of Mizzou Law
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.
Arbitration Conversation No. 2 - Amy chats with Professor David Larson
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
New Supreme Court Arbitration Decision – GE Energy v. Outokumpu
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.
Mediation vs. Arbitration
Tom Stipanowich talks about the arbitration process being taken out of contracts while being replaced with mediation or litigation processes.
Early Dispute Resolution Processes
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.
Peter Kaskell, 1924-2019
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.
Mediation vs. Arbitration vs. Litigation: The differences you need to know about in business
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.
Legal Process of Arbitration vs. Mediation
Peter Robinson discusses differences between legal arbitration and mediation - mediation being the more effective process.