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American Arbitration Association
Judge Posner Sarcastically Applauds ‘New Form of Arbitration’ After Garner’s Expert Evaluates Tiff
May 22, 2014
Legal Times published Posner’s response in a second article. “Please convey my congratulations to Bryan Garner on inventing a new form of arbitration,” Posner wrote in an email to Legal Times. “Two parties have a dispute; one appoints an arbitrator to resolve the dispute; the other disputant is not consulted.” “How beautifully that simplifies arbitration!” Posner continued. “No need for the parties to agree on an arbitrator, or for the American Arbitration Association to list...
May 22, 2014
Legal Times published Posner’s response in a second article. “Please convey my congratulations to Bryan Garner on inventing a new form of arbitration,” Posner wrote in an email to Legal Times. “Two parties have a dispute; one appoints an arbitrator to resolve the dispute; the other disputant is not consulted.” “How beautifully that simplifies arbitration!” Posner continued. “No need for the parties to agree on an arbitrator, or for the American Arbitration Association to list...
Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part III
April 30, 2014
Online Dispute Resolution, naturally, exists online. Attempting a general Internet search for ODR providers will provide a potentially overwhelming amount of results. Currently, over 60 academically recognized ORD providers exist.[1] Fair consideration cannot be given to each provider of online dispute resolution, but an examination of a few examples reveals how the process operates. Major Arbitration Providers and ODR services In the world of Alternative Dispute Resolution, the American Arbitration...
April 30, 2014
Online Dispute Resolution, naturally, exists online. Attempting a general Internet search for ODR providers will provide a potentially overwhelming amount of results. Currently, over 60 academically recognized ORD providers exist.[1] Fair consideration cannot be given to each provider of online dispute resolution, but an examination of a few examples reveals how the process operates. Major Arbitration Providers and ODR services In the world of Alternative Dispute Resolution, the American Arbitration...
Litigators Eye AAA Rules Allowing Appeal of Arbitral Decisions
December 9, 2013
For the first time, parties in a dispute before the American Arbitration Association (AAA) can opt for built-in appellate review of arbitral awards. But reception to the new AAA appellate rules, which became effective on Nov. 1, has been mixed among Texas litigators. The AAA's optional appellate rules can only be used when there is an agreement between the parties, and the rules only allow parties to appeal based on errors of law and clearly erroneous determinations of fact. The AAA appellate...
December 9, 2013
For the first time, parties in a dispute before the American Arbitration Association (AAA) can opt for built-in appellate review of arbitral awards. But reception to the new AAA appellate rules, which became effective on Nov. 1, has been mixed among Texas litigators. The AAA's optional appellate rules can only be used when there is an agreement between the parties, and the rules only allow parties to appeal based on errors of law and clearly erroneous determinations of fact. The AAA appellate...
Fifth Circuit Holds Procedural Questions for ICDR to Decide
December 2, 2013
The United States Court of Appeals for the Fifth Circuit has held that procedural challenges to the selection of an arbitrator in an international dispute must be determined by the International Centre for Dispute Resolution (“ICDR”). In Adam Technologies International S.A. de C.V. v. Sutherland Global Services, Inc., No. 12-10760, (5th Cir., September 05, 2013), Sutherland Global Services, Inc. (“Sutherland”) sought arbitration in New York with Adam Technologies International S.A....
December 2, 2013
The United States Court of Appeals for the Fifth Circuit has held that procedural challenges to the selection of an arbitrator in an international dispute must be determined by the International Centre for Dispute Resolution (“ICDR”). In Adam Technologies International S.A. de C.V. v. Sutherland Global Services, Inc., No. 12-10760, (5th Cir., September 05, 2013), Sutherland Global Services, Inc. (“Sutherland”) sought arbitration in New York with Adam Technologies International S.A....
Scope of Emergency Arbitrator’s Power Appealed to Second Circuit
November 20, 2013
On October 21, 2013, in Yahoo! Inc. v. Microsoft Corp., No. 13 CV 7237, 2013 U.S. Dist. LEXIS 151175, at *1 (S.D.N.Y. October 21, 2013), the US District Court for the Southern District of New York upheld an award of injunctive relief issued by an emergency arbitrator appointed by the American Arbitration Association (AAA). Yahoo argued that the arbitrator had exceeded his authority and acted in manifest disregard of the law pursuant to the Federal Arbitration Act, 9 U.S.C. § 10(a)(4) (2006),...
November 20, 2013
On October 21, 2013, in Yahoo! Inc. v. Microsoft Corp., No. 13 CV 7237, 2013 U.S. Dist. LEXIS 151175, at *1 (S.D.N.Y. October 21, 2013), the US District Court for the Southern District of New York upheld an award of injunctive relief issued by an emergency arbitrator appointed by the American Arbitration Association (AAA). Yahoo argued that the arbitrator had exceeded his authority and acted in manifest disregard of the law pursuant to the Federal Arbitration Act, 9 U.S.C. § 10(a)(4) (2006),...
Alternative Dispute Resolution Gets an Online Network
November 7, 2013
Social networkers have Facebook, professional networkers have LinkedIn, and now those looking to learn about and network...
November 7, 2013
Social networkers have Facebook, professional networkers have LinkedIn, and now those looking to learn about and network...
Venue is Proper in the County Where Arbitration is Held Despite Arbitration Agreement to the Contrary
November 6, 2013
The Texas Supreme Court recently held that, pursuant to § 171.096(c) Tex. Civ. Prac. & Rem. Code, once an arbitration...
November 6, 2013
The Texas Supreme Court recently held that, pursuant to § 171.096(c) Tex. Civ. Prac. & Rem. Code, once an arbitration...
Arbitration for the Trial Lawyer
October 29, 2013
Sooner or later, every trial lawyer with a commercial practice will end up in an arbitration. Perhaps the most likely scenario is a contract dispute between parties that have agreed to mandatory arbitration with a specified alternative dispute resolution provider, most commonly the American Arbitration Association (AAA). Your client asks you to handle the matter, but you have no experience with arbitration. Not to worry—there is nothing in the process that a good trial lawyer isn’t fully equipped...
October 29, 2013
Sooner or later, every trial lawyer with a commercial practice will end up in an arbitration. Perhaps the most likely scenario is a contract dispute between parties that have agreed to mandatory arbitration with a specified alternative dispute resolution provider, most commonly the American Arbitration Association (AAA). Your client asks you to handle the matter, but you have no experience with arbitration. Not to worry—there is nothing in the process that a good trial lawyer isn’t fully equipped...
Rules Update: Improved AAA Commercial Rules; NAF Rules Not An Obstacle To Enforcing Arbitration
October 16, 2013
On October 1, new Commercial Arbitration Rules became effective at the American Arbitration Association (AAA). These rules are likely to apply to all commercial arbitrations filed on and after October 1 (unless an arbitration agreement specifically provides for old rules). The AAA posted its own summary of the changes. Four of the most notable include: Greater specificity about allowable discovery, as well as clear authority for arbitrators to enforce discovery orders or sanction those...
October 16, 2013
On October 1, new Commercial Arbitration Rules became effective at the American Arbitration Association (AAA). These rules are likely to apply to all commercial arbitrations filed on and after October 1 (unless an arbitration agreement specifically provides for old rules). The AAA posted its own summary of the changes. Four of the most notable include: Greater specificity about allowable discovery, as well as clear authority for arbitrators to enforce discovery orders or sanction those...
Handling Your First (or Next) Arbitration 2013
October 11, 2013
Cosponsored by the State Bar of Texas Alternative Dispute Resolution Section, Texas Young Lawyers Association and the American Arbitration Association MCLE Credit: 6.25 hours, including .75 hr ethics which applies to the Texas Board of Legal Specialization in Labor and Employment Law. Austin - Live Presentation December 6, 2013 Texas Law Center Register now to save $50! TYLA and ADR Section members can save $75! More Info or Register If you have any questions or would like to register...
October 11, 2013
Cosponsored by the State Bar of Texas Alternative Dispute Resolution Section, Texas Young Lawyers Association and the American Arbitration Association MCLE Credit: 6.25 hours, including .75 hr ethics which applies to the Texas Board of Legal Specialization in Labor and Employment Law. Austin - Live Presentation December 6, 2013 Texas Law Center Register now to save $50! TYLA and ADR Section members can save $75! More Info or Register If you have any questions or would like to register...
