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American Arbitration Association
When Should You Choose JAMS, AAA or CPR Rules?
August 1, 2013
Liz Kramer at Arbitration Nation has written a helpful blog post entitled ArbitrationNation Roadmap: When Should You Choose JAMS, AAA or CPR Rules?. In the post, Ms. Kramer discusses how best to decide which arbitration rules should be used for a particular commercial arbitration clause based upon the specific needs of the parties. She also provides readers with a brief comparison between the American Arbitration Association (AAA), the International Institute for Conflict Prevention & Resolution...
August 1, 2013
Liz Kramer at Arbitration Nation has written a helpful blog post entitled ArbitrationNation Roadmap: When Should You Choose JAMS, AAA or CPR Rules?. In the post, Ms. Kramer discusses how best to decide which arbitration rules should be used for a particular commercial arbitration clause based upon the specific needs of the parties. She also provides readers with a brief comparison between the American Arbitration Association (AAA), the International Institute for Conflict Prevention & Resolution...
Associational Arbitration: First Circuit Finds a New Way to Limit Stolt-Nielsen
July 3, 2013
On June 27, 2012, the U.S. Court of Appeals for the First Circuit joined the Second and the Third Circuits by finding a unique way to allow class arbitration by limiting Stolt-Nielsen to its facts. Fantastic Sams Franchise Corp. v. FSRO Association Ltd.,No. 11-2300. In the dispute, the regional owners association of Fantastic Sams hair salons (FSRO) sued the franchisor (FSFC) alleging breach of the franchise agreement. The FSRO and the franchisor had entered into 35 regional license agreements...
July 3, 2013
On June 27, 2012, the U.S. Court of Appeals for the First Circuit joined the Second and the Third Circuits by finding a unique way to allow class arbitration by limiting Stolt-Nielsen to its facts. Fantastic Sams Franchise Corp. v. FSRO Association Ltd.,No. 11-2300. In the dispute, the regional owners association of Fantastic Sams hair salons (FSRO) sued the franchisor (FSFC) alleging breach of the franchise agreement. The FSRO and the franchisor had entered into 35 regional license agreements...
El Paso Appeals Court Upholds Arbitral Award Despite Alleged Arbitrator Error
June 6, 2013
Texas’ El Paso Court of Appeals has confirmed an arbitral award despite an arbitrator’s alleged failure to comply with...
June 6, 2013
Texas’ El Paso Court of Appeals has confirmed an arbitral award despite an arbitrator’s alleged failure to comply with...
AAA Offers Online Clause-Drafting Tool
March 11, 2013
It has long been broadly agreed that the most effective target for education and training in ADR is the lawyers who draft the deals. Drafting a dispute resolution clause as an elegant risk allocation is surely the Holy Grail of commercial deals. Model clauses are promulgated by many ADR organizations, but inept and hoary arbitration and forum selection provisions continue to be cut-and-pasted, to the dismay of litigators and the chagrin of their clients, who realize too late, once the train has hit them,...
March 11, 2013
It has long been broadly agreed that the most effective target for education and training in ADR is the lawyers who draft the deals. Drafting a dispute resolution clause as an elegant risk allocation is surely the Holy Grail of commercial deals. Model clauses are promulgated by many ADR organizations, but inept and hoary arbitration and forum selection provisions continue to be cut-and-pasted, to the dismay of litigators and the chagrin of their clients, who realize too late, once the train has hit them,...
