The Efficient Arbitrator – In the Post-Pandemic Era

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.

The Reasonable Arbitrator

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 is often the most critically important skill an Arbitrator should possess. Ironically, reasonableness is also the most elusive skill there is. You can’t find it […]

The Biggest Mistake in Selecting an Arbitrator

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 court, it is a valuable feature of arbitration. One of the underlying principles of arbitration is party autonomy, meaning the parties have the opportunity to […]

Technology ADR Primer

  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, time delay, formality and uncertainty involved with going to court. It allows technology disputes to be resolved with efficiency and expertise that cannot be found […]

Arbitrator Temperament and Arbitrators Who Are Jerks

  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 of overbearing pride who comes off as being arrogant, unreasonable and insecure. Maybe it’s just a sign of the times but it’s given me some […]

Party Autonomy – Something Litigators Should Love

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 Judge no matter how annoying he or she might be? Oh, that’s the life of a litigator. So you’d think, litigators would relish the relaxed […]

Discovery in Arbitration: If You Want It, Go for It

  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 of discovery, that means discovery should be appropriate for the case. Often clients agree to arbitration because they want speedy, cost-efficient decision-making – and that […]

HBO Shines a Spotlight on Silicon Valley Arbitration

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 in Silicon Valley. Often the portrayal is not far from reality. The show’s season finale focuses on what we’re about at Silicon Valley Arbitration & […]

Efficiently Resolving M&A Disputes

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, earn-outs, indemnity, misrepresentations or breach of warranties. The high probability for post-closing disputes highlights the critical need for efficient dispute resolution of M&A disputes. Private […]