The Supreme Court has reversed in a summary dismissal its decision to grant Certiorari in its second look at Henry Schein, despite having heard oral argument in December.
(1/25/21)Amy Schmitz, Theo Cheng, Daniel Urbas, George Friedman, DeAndra Roaché, Stacie Strong
In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about executing an arbitration hearing, especially in a digital world and faced with the complexities of the Covid-19 pandemic.
The Supreme Court issued an order earlier today in the Henry Schein v. Archer & White arbitrability case, dismissing the writ of certiorari as improvidently granted (“DIG”).
(1/23/21)Jim Melamed, Forrest (Woody) Mosten
Under the leadership of Forrest (Woody) Mosten, Mediate.com's Online Mediation Training Task Force is tackling a huge issue: "How can the mediation field now and in the future best make and maintain quality mediators?
Most settlement agreements provide that the entire action shall be dismissed and the court shall retain jurisdiction under Code of Civil Procedure Section 664.6 to enforce the settlement terms.
(1/22/21)Steven Finizio, Dharshini Prasad
The International Chamber of Commerce (ICC) has released revised arbitration rules, which are effective from 1 January 2021 and apply to arbitration proceedings commenced after that date, and are intended to provide 'further steps towards greater efficiency, flexibility, and transparency.'
Are kindness and conversation still possible? What about the many other people who share a perspective with those folks and are not themselves violent?
It struck me that as we start 2021, perhaps it is a good time to “turn over a new leaf” by apologizing for our acts and/or omissions and forgiving others for their acts/omissions committed in 2020.
When talking about domestic violence, you often hear about the cycle of abuse.
As a JAMS mediator, I believe that one of the best ways to assist parties to resolve a dispute is to educate them about the risks they run in continuing the confrontation.
The article helps demonstrate the widespread acceptance of ADR, and mediation in particular, in the legal profession.
You might be thinking that you don’t need to make yourself aware about anything divorce related because it’s not going to happen to you.
I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatized by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no discernible value.
Collaboration is an emerging platform for economic success in law.
From January to December 2020, Daniel Urbas shared one hundred and fifty-five notes on recent Canadian court decisions, highlighting the most current reasoning and practical applications of arbitral rules and principles, which touch upon the fundamental aspects of arbitration common to many jurisdictions.
(1/20/21)Amy Schmitz, Theo Cheng, George Friedman, Daniel Urbas, DeAndra Roaché, Stacie Strong
In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about obtaining discovery in arbitration, especially in a digital world and faced with the complexities of the Covid-19 pandemic.
A party is challenging JAMS’ neutrality as an administrator because the provider filed an Amicus Brief at the Supreme Court supporting the position taken by its adversary in the same arbitration.
(1/19/21)Andrea Bjorklund, Amy Schmitz
In this episode of the Arbitration Conversation Amy interviews Prof. Andrea Bjorklund, Full Professor and the L. Yves Fortier Chair in International Arbitration and International Commercial Law at McGill University Faculty of Law.
(1/18/21)Nick Oury, Stuart Paterson, Jean Hamilton-Smith
The updated DIFC-LCIA Arbitration Rules 2021 entered into force from 1 January 2021. The amendments introduce changes intended to promote the fair, efficient, and expeditious conduct of arbitrations. In this update, we summarise the key features.
This article describes the virtues and pitfalls of a neutral party serving as both the mediator and as the arbitrator in the same matter, where the disputing parties have adopted a two-step Med-Arb or an Arb-Med process.
In this paper I will share how I found out that the listening approach I have used for almost two decades was completely unique--based on a happy misunderstanding.
When we feel emotional about a conflict – hurt, anger, betrayal, disappointment, and so on – it is a clear sign that something important to us is being challenged or threatened or undermined.
Mediation, Love says, “is the last bastion,” with mediators trained to promote dialogue.
It’s so normal for us to ask questions and want information from those who have already been through this overwhelming time in our lives.
Role plays are one of the most common tools used by mediation trainers. In his new book, Marc Bhalla takes a deeper look at how to use role plays effectively and shares some of his tested and effective scenarios.
Deciding to divorce is likely going to be the biggest decision of your life, bigger than even deciding to get married in the first place, and how you choose to proceed will make all the difference.
(1/14/21)Veronique Fraser, Barney Jordaan, Michael Leathes
I am sitting in a room, negotiating a sale, and I’m thinking: Which is likely to be more favorable to me: put a figure on the table, or insist the Other does so first?
This article discusses how recent jurisprudence and institutional promulgations may impact Online Arbitration ('OArb'), and offers considerations for courts, policymakers, and practitioners shepherding OArb development.
(1/13/21)Nicholas Peacock, Aaron White, Peter Chen
This article aims to consider any new trends in the Technology, media, and telecommunications (“TMT”) area, and to offer some thoughts on the potential implications for investors and states.
(1/12/21)Michael Polkinghorne, Andrew de Lotbinière McDougall, Morgane Guyonnet
As it continues to enjoy record caseloads during the COVID-19 pandemic, the International Court of Arbitration of the International Chamber of Commerce sets out its vision for the future of dispute resolution with newly updated arbitration rules.
(1/11/21)Amy Schmitz, Theo Cheng, Daniel Urbas, George Friedman, DeAndra Roaché
In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about planning and executing a preliminary arbitration hearing, especially in a digital world and faced with the complexities of the Covid-19 pandemic.
FINRA’s Office of Dispute Resolution Services (“DRS”) has again administratively postponed all in-person arbitration and mediation hearings.
The difference in opinions, beliefs, views, values, and desires, plus the need to establish supremacy of one over the others often causes conflicts to arise in different situations.
Never have we been more needed, and never have we needed to be more flexible.
(1/08/21)Anwar Kashif Mumtaz
When you hear about the word landscape of dispute resolution, the first thing that comes to the mind of the people is litigation before a court of competent jurisdiction. However, the parties need to be made aware that the landscape of dispute resolution is wider. It includes along with litigation, arbitration and mediation.
“Never let a good crisis go to waste” – Alistair McIntosh
During the pandemic, business leaders can learn from educators about overcoming the communication challenges that video conferencing platforms present.
In recent years, governments from the state of Delaware to the Emirate of Dubai have created institutions specially designed to adjudicate transnational commercial disputes, which are hybrids between courts and arbitration, or “arbitral courts.”
Because democracy is open, it is vulnerable to demagogues and autocrats; yet because it is open, it is also resilient, able to learn and improve, and responsive to popular wisdom.
(1/08/21)Ronald S. Kraybill
If you’re good at selective conflict avoidance, you will have a greater sense of order and control in your life.
Many times in tense situations there is a strong desire to minimize the conflict.
A special podcast from JAMS featuring neutrals Adrienne Publicover and David Ross on their experiences and lessons learned since shifting to virtual mediations.
In the Corporation of the Township of South Stormont v. The Kraft Heinz Company following an unsuccessful mediation phase regarding disputes under a 2011 agreement, the parties engaged in arbitration during which they negotiated a 2017 settlement and agreed to arbitrate disputes before the mediator.
(1/07/21)Nathan Searle, Katie Duval
In Halliburton Company v Chubb Bermuda Insurance Ltd, the UK Supreme Court dismissed Halliburton’s appeal regarding its application to remove an arbitrator for apparent bias on the facts and emphasised the importance of arbitrator impartiality in London-seated arbitrations.
An arbitrator awarded nearly $20 million to two former employees of a St. Louis-area janitorial company in what he said were some of the most egregious employment-discrimination cases he’d ever seen.
The Court of Appeal in Sky Clean Energy Ltd. v. Economical Mutual Insurance Company noted that the litigants had agreed that findings of fact made in an arbitration award would bind the trial judge and dismissed the appellant’s claims alleging interpretative error in an insurance contract.
In an unpublished per curiam Opinion, the Eleventh Circuit, has affirmed unanimously a Southern District of Florida decision confirming a FINRA Award of over $3 million in sanctions against Morgan Stanley.
This article discusses the differences between the Brazilian and English disclosure regimes, such as there is no codified duty to disclose in England and secondly, the exclusion of the word 'independence' from the English Arbitration Act, 1996 which appears in Article 14(1) of the Brazilian Arbitration Act 1996.
2020 was a tough year for many of us, from the pandemic to shutdowns to political chaos. Let's use the fresh start of the new year to set our sights on a more optimistic horizon.
(1/05/21)Victoria Sahani, Amy Schmitz
Click here for MORE ARTICLES
In this episode of the Arbitration Conversation Amy interviews Prof. Victoria Shannon Sahani, Associate Dean of Faculty Development and Professor of Law at the Sandra Day O’Connor College of Law at Arizona State University.