Mediation has long been underused as a form of dispute resolution. Now, however, dozens of global companies have signed a pledge to bring it into the heart of business practice. In-House Perspective's Rebecca Lowe talks to lawyers determined to go back to basics.
Once upon a time, men arguably wiser and more sensible than those of the present era settled their disputes by sitting down together in a civilised fashion and talking until the problem was solved. No courts, no judges, no longwinded...
In an Administrative Order dated September 16 , 2013, the Chief Administrative Judge of the Courts of New York State, Hon. A. Gail Prudenti, designated Hon. Charles E. Ramos, Justice of the Supreme Court, New York County, to handle all international arbitration cases before the Commercial Division, New York County, including those brought under CPLR Article75 or under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. There is an exception for matters with no transnational component arising entirely...
Metropolitan Corporate Counsel Editor: Why has CPR introduced administered arbitration rules?
Bryan: For over 30 years, top-flight global lawyers have used CPR’s non-administered rules to resolve commercial disputes. In response to users’ requests, CPR is now offering administered arbitration rules for those requiring an administering authority. They became effective July 1, 2013. With more worldwide companies signing CPR’s Corporate Policy Statement on Alternatives to Litigation and the 21st...
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...
Albert Einstein supposedly once said “you have to learn the rules of the game. And then you have to play better than anyone else.” In arbitration, that means figuring out which organizations’ rules are best suited for your arbitration clause. This post is designed to help drafters make that decision by giving a quick and dirty overview of the similarities and differences between the administered rules for commercial disputes at the three most common arbitration providers: AAA, JAMS, and CPR.
Generally...
Regulations, no matter how well meaning, inevitably limit and constrain. In sharp contrast, the primary benefits of private dispute resolution include flexibility, creative evolutionary change and customization.This article will serve as a cautionary tale against the unintended negative consequences of misdirected regulation in the ADR field. While ADR may have moved into “mainstream” legal practice, it continues to develop and change in the United States and abroad. We will explore how the ADR profession...
Every industry has been revolutionized by technology over the last two decades, from finance to medicine to entertainment. Within each of these industries, business functions have similarly been transformed, from workflow process to data storage to knowledge management. As technology has flattened the world, domestic supply chains have become global supply chains, and regional teams have become virtual teams, stretching around the world and reaching into every time zone. Business is inexorably moving...