Amy Schmitz

Amy Schmitz

Professor Amy Schmitz joined the University of Missouri School of Law and the Center for Dispute Resolution as the Elwood L. Thomas Missouri Endowed Professor of Law in 2016. Previously she was a Professor at the University of Colorado School of Law for over 16 years. Prior to teaching, Professor Schmitz practiced law with large law firms in Seattle and Minneapolis, and served as a law clerk for the U. S. Court of Appeals for the 8th Circuit.  Professor Schmitz teaches courses in Contracts, Lawyering, Online Dispute Resolution (ODR), AI, Data Analytics and the Law, Arbitration, International Arbitration, and Consumer Law. She has been heavily involved in ODR teaching and research for a long time and is a Fellow of the National Center for Technology and Dispute Resolution, as well as the Co-Chair of the ABA Technology Committee of the Dispute Resolution Section and the ODR Task Force.  She serves on the Association of American Law Schools Executive Committee on Commercial and Consumer Law, was an External Scientific Fellow of the Max Planck Institute Luxembourg, and is a researcher with the ACT Project exploring AI and ODR. Professor Schmitz has published over 50 articles in law journals and books, and a book, The New Handshake: Online Dispute Resolution and the Future of Consumer Protection, with Colin Rule.




Contact Amy Schmitz

Website: law.missouri.edu/person/amy-j-schmitz

Articles and Video:

Arbitrating Tesla (11/24/20)
The Ninth Circuit Court of Appeals has dashed a Tesla owner’s plea to avoid arbitration regarding a battery dispute.

Arbitration Conversation No. 34: Prof. Brian Farkas, Cardozo School of Law (11/23/20)
In this episode of the Arbitration Conversation Amy interviews Prof. Brian Farkas of Cardozo School of Law and attorney at Arent Fox LLP focusing on complex commercial litigation.

Arbitration Conversation No. 33: Prof. Nicolás Lozada Pimiento from Universidad Externado de Colombia (11/19/20)
In this episode of the Arbitration Conversation Amy interviews Nicolás Lozada Pimiento, a partner of the firm Rincón Cuéllar & Asociados and professor of arbitration, trade and business law at the universities Externado de Colombia, Javeriana, Sabana and Santo Tomás.

Arbitration Conversation No. 32: Prof. Santiago Dussan, Pontificia Universidad Javeriana Cali (11/12/20)
In this episode of the Arbitration Conversation Amy interviews Santiago Dussan, Professor at the Pontificia Universidad Javeriana in Cali, Colombia.

New Podcast on the ABA Website Regarding Online Dispute Resolution (11/09/20)
There is a new Podcast up on the ABA main page regarding Online Dispute Resolution that includes consideration of online arbitration and mediation. It notes the importance of OArb, and its growth in the Age of Covid.

Arbitration Conversation No. 31: Prof. John Lande, University of Missouri School of Law (11/09/20)
In this episode of the Arbitration Conversation Amy interviews John Lande, the Isidor Loeb Professor Emeritus and former director of the LLM Program in Dispute Resolution at the University of Missouri School of Law.

Arbitration Conversation No. 30: Colin Rule, President and CEO of Mediate.com/Arbitrate.com (11/04/20)
In this special 30th episode of the Arbitration Conversation Amy interviews Colin Rule, CEO of Arbitrate.com and Mediate.com, on the future of arbitration.

Arbitration Conversation No. 29: Jonathan Eades, Senior Legal Counsel, BC Attorney General (11/02/20)
In this episode of the Arbitration Conversation Amy interviews Jonathan Eades, Senior Legal Counsel, British Columbia Office of the Attorney General, on Canadian arbitration law.

Arbitration Conversation No. 28: International Arbitrator and Mediator Wolf Von Kumberg (10/26/20)
In this episode of the Arbitration Conversation Amy interviews International Arbitrator and Mediator Wolf Von Kumberg on investor/state arbitration and mediation.

Arbitration Conversation No. 27: Prof. Rick Bales of Ohio Northern School of Law (10/21/20)
In this episode of the Arbitration Conversation Amy interviews Prof. Rick Bales of Ohio Northern School of Law on labor arbitration in the time of COVID.

Arbitration Conversation No. 26: Arbitrator Clifford Shapiro, Partner at Barnes and Thornberg, Chicago (10/07/20)
In this episode of the Arbitration Conversation Amy interviews Arbitrator Clifford Shapiro, partner and head of the Construction Law Practice Group at Barnes & Thornberg in Chicago, about construction arbitration.

Arbitration Conversation No. 25: Arbitrator Nicholas Gowen, partner- Burke, Warren, MacKay & Serritella (09/25/20)
In this episode of the Arbitration Conversation Amy interviews Nicholas Gowen, a litigation partner at Burke, Warren, MacKay & Serritella in Chicago and experienced arbitrator.

Arbitration Conversation No. 24: Hilary Mofsowitz, South African Labor and Employment Arbitrator (09/21/20)
In this episode of the Arbitration Conversation Amy interviews Hilary Mofsowitz, a South African Labor and Employment Arbitrator with the Commission for Conciliation, Mediation and Arbitration (CCMA) in South Africa.

Arbitration Conversation No. 23: Dr. Nudrat Piracha, Member of the ICSID Ad Hoc Committee (09/16/20)
In this episode of the Arbitration Conversation Amy (and Colin) interview Dr. Nudrat Piracha, member of the ICSID Ad Hoc Committee, Partner at the firm Samdani & Qureshi, and Senior JAMS Weinstein Fellow since 2018.

Arbitration Conversation No. 22: Prof. Carrie Shang of Cal State Polytechnic University, Pomona (09/13/20)
In this episode Amy interviews Prof. Carrie Shu Shang of Cal State Polytechnic University, Pomona on international arbitration and China's Belt and Road initiative.

Arbitration Conversation No. 21: Prof. Jill Gross of Pace Law School (09/08/20)
Arbitration Conversation Episode 21: In this episode Amy interviews Prof. Jill I. Gross, Director of the Investor Rights Clinic at the Pace University Law School on securities arbitration and FINRA.

Arbitration Conversation No. 20: Prof. Catharine Titi of the University of Paris (09/01/20)
Arbitration Conversation Episode 20: In this edition Amy interviews Prof. Catharine Titi of the University of Paris Center for Law and Economics on investment treaty arbitration and UNCITRAL Working Group 3.

Arbitration Conversation No. 19: Prof. Anthony Daimsis of the University of Ottawa (08/26/20)
In this episode of The Arbitration Conversation Amy interviews Prof. Anthony Daimsis of the University of Ottawa on the Uber case in Canada and unconscionability applied to the arbitration clause at issue.

Arbitration Conversation No. 18: The "Blues Lawyer" Aric Garza on consumer arbitration (08/23/20)
Arbitration Conversation Episode 18: Amy interviews the "Blues Lawyer" Aric Garza from San Antonio, Texas on consumer arbitration.

Arbitration Conversation No. 17: Arbitrator Bill McGrath of Davis McGrath in Chicago (08/19/20)
In this episode of The Arbitration Conversation Amy interviews Arbitrator Bill McGrath about motions in arbitration.

Arbitration Conversation No. 16: Prof. Michael Green of Texas A&M School of Law (08/16/20)
In this episode of The Arbitration Conversation Amy interviews Prof. Michael Z. Green from Texas A&M School of Law on diversity in arbitration

Arbitration Conversation No. 15: Prof. Chris Drahozal of KU Law (08/12/20)
In this episode of the Arbitration Conversation Amy interviews Prof. Christopher R. Drahozal of the University of Kansas School of Law on the upcoming case Henry Schein, Inc. v. Archer & White Sales.

Making Smart Contracts 'Smarter' with Arbitration (08/12/20)
Parties are wise to plan ahead and build arbitration into their smart contracts, in order to have a dispute resolution plan should smart contracts go awry. Indeed, users of smart contracts may want to build arbitration into their code to promote efficiency, protect privacy and ensure an expert decisionmaker.

Arbitration Conversation No. 14: Prof. Maureen Weston from Pepperdine Law School (08/05/20)
In this episode of the Arbitration Conversation Amy interviews Arbitrator Professor Maureen Weston, Professor of Law and Director of the Entertainment, Media & Sports Dispute Resolution Project at Pepperdine Law's Straus Institute.

Arbitration Conversation No. 13: Prof. S.I. Strong of the University of Sydney (07/31/20)
In this episode of the Arbitration Conversation Amy interviews Prof. S.I. Strong of the University of Sydney about trust arbitration.

Arbitration Conversation No. 12: Arbitrator Katherine Haennicke from AAA (07/24/20)
In this episode of the Arbitration Conversation Amy interviews Arbitrator Katherine Haennicke from the American Arbitration Association about pro se parties in arbitration.

Arbitration Conversation No. 11: Theo Cheng on intellectual property arbitration (07/18/20)
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 (07/16/20)
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.

Lest We Forget the UDRP (07/15/20)
As the Covid-19 crisis pushes the world of arbitration into online formats and virtual hearings, this article discusses the existence of one form of online dispute resolution that has been in existence for over two decades, i.e. the Uniform Dispute Resolution Procedures (UDRP) for the resolution of 'internet domain name' or 'cybersquatting' disputes.

Arbitration Conversation No. 1 - Amy Chats with Svetlana Gitman (07/14/20)
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 (07/13/20)
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 (07/10/20)
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 (07/05/20)
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.

Arbitration Conversation No. 7: Prof. Sarah Cole of the Moritz College of Law at OSU (06/29/20)
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 (06/26/20)
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 (06/19/20)
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 (06/17/20)
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 (06/16/20)
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 (06/15/20)
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

“Business Pays” Rule in California Facing Challenges (06/15/20)
On January 1, 2020, a new law in California took effect to provide rights to consumers and employees facing arbitration. The law requires that the business must pay the initial fees or costs of arbitration where the employees or consumers are to arbitrate any claims related to their contracts or state/federal law.

Contract Exclusions Count (06/09/20)
New arbitration case denying a motion to compel arbitration of claims alleging violation of the 12-year-old Illinois Biometric Information Privacy Act

Discovering Documents from Nonparties in Online Arbitration? (06/09/20)
Should a court have the authority to force non-parties to arbitration to comply with the summons and provide testimony that would be transmitted via video conference? If testimony is taken via video conference it might not "be in the physical presence" so the arbitrator wouldn't technically be compelling their “attendance before” the arbitrator.

New NAA Opinion on Requiring Video Hearings (06/05/20)
What if one party in an arbitration refuses to use videoconferencing? Should arbitrators be able to order a video hearing over a party's objection?

American Exceptionalism in Consumer Arbitration (05/28/13)
“American exceptionalism” has been used to reference the United States’ outlier policies in various contexts, including its love for litigation. Despite Americans’ reverence for their “day in court,” their zest for contractual freedom and efficiency has prevailed to result in U.S. courts’ strict enforcement of arbitration provisions in both business-to-business (“B2B”) and business-to-consumer (“B2C”) contracts.