Much has been said of efficiency in arbitration, including the need to appropriately balance time and cost efficiency with a process ensuring a fair and just result. The COVID-19 pandemic has ushered in the adoption of new technologies in arbitration, along with new protocols and practices, that merit re-examination of efficiency in arbitration. This article addresses what it takes to be an efficient arbitrator in the post-pandemic era.
Arbitration clauses can be a nuisance. Wait. How can it be if it is the arbitration clause itself that gives life to the arbitration? But it’s true that arbitration clauses […]
There are many elements that come together to make a good Arbitrator. These include particulars as to knowledge, skill and demeanor. Of all, the ability to appreciate what is reasonable […]
Imagine going to court and being allowed to interview the Judge to be sure he or she is a good fit for your case. Although that scenario doesn’t exist in […]
Introduction: Tech Mediation, US Arbitration and International Arbitration In today’s fast paced global business environment, it is inevitable that disputes will arise. ADR offers practical solutions without the cost, […]
I’ve run across one or two Arbitrators lately who – I can’t say it any other way – are jerks. You know the type, someone with a certain amount […]
You know those days when you have to deal with all those arcane pleading, motion practice and discovery rules, wrestle with opposing counsel on every point, and kowtow to the […]
One of the greatest fears US litigators have regarding arbitration is that they can’t get discovery. It’s a misperception. A key concept in arbitration is efficiency. In the context […]
Silicon Valley arbitration was the focus of this summer’s Season Two finale of the HBO hit television series Silicon Valley. The show provides an amusing caricature of life and work […]
Post-closing disputes arise in about 56% of M&A transactions according to a recent study by Shareholder Representative Services (SRS). Nearly all of these disputes involve issues related to purchase price, […]