December 07, 2015 | The Legal Intelligencer
Who Is a Proper Party in an Arbitration Proceeding?Editor's note: This article describes a hypothetical situation.
By Charles F. Forer
7 minute read
October 13, 2015 | The Legal Intelligencer
Can Lawyers Get Two Bites at the Apple in Arbitration?Editor's note: This article describes a hypothetical situation.
By Charles F. Forer
7 minute read
August 11, 2015 | The Legal Intelligencer
Drafting Agreements to Avoid Picking the Wrong Arbitration ForumBob has studied the rules of various arbitration providers. He knows an effective advocate chooses the arbitration forum that offers the rules best suited for the particular controversy. So, for instance, "If you want depositions, why not pick an arbitration forum whose rules expressly allow depositions?" Always the riddler, Bob put this question on his office wall.
By Charles F. Forer
6 minute read
August 10, 2015 | The Legal Intelligencer
Drafting Agreements to Avoid Picking the Wrong Arbitration ForumBob has studied the rules of various arbitration providers. He knows an effective advocate chooses the arbitration forum that offers the rules best suited for the particular controversy. So, for instance, "If you want depositions, why not pick an arbitration forum whose rules expressly allow depositions?" Always the riddler, Bob put this question on his office wall.
By Charles F. Forer
6 minute read
June 09, 2015 | The Legal Intelligencer
Interlocutory Appeals of Orders Denying Applications for ArbHaving read so many cases on the "policies favoring arbitration," Bob has several mantras he mutters to anyone who will listen. (A shrinking audience.) One mantra: Parties have a right to take an immediate interlocutory appeal from a trial court order that refuses to compel arbitration.
By Charles F. Forer
5 minute read
June 08, 2015 | The Legal Intelligencer
Interlocutory Appeals of Orders Denying Applications for ArbHaving read so many cases on the "policies favoring arbitration," Bob has several mantras he mutters to anyone who will listen. (A shrinking audience.) One mantra: Parties have a right to take an immediate interlocutory appeal from a trial court order that refuses to compel arbitration.
By Charles F. Forer
5 minute read
April 14, 2015 | The Legal Intelligencer
Keeping the Confidential Arbitration Proceeding ConfidentialYou want to find a well-drafted and carefully-thought-out arbitration agreement? Ask Bob to look into his form file. He will pull out just what you need. Over the years, he has refined and refined his forms—to correct errors he made in prior iterations—and he now has a form arbitration agreement that is the best for any type of dispute and for any type of issue. At least that is what Bob tells his colleagues.
By Charles F. Forer
6 minute read
April 14, 2015 | The Legal Intelligencer
Keeping the Confidential Arbitration Proceeding ConfidentialYou want to find a well-drafted and carefully-thought-out arbitration agreement? Ask Bob to look into his form file. He will pull out just what you need. Over the years, he has refined and refined his forms—to correct errors he made in prior iterations—and he now has a form arbitration agreement that is the best for any type of dispute and for any type of issue. At least that is what Bob tells his colleagues.
By Charles F. Forer
6 minute read
February 10, 2015 | The Legal Intelligencer
Can Arbitrating Parties Seek Instructions From the Court?It was a very complicated dispute. The parties threw out words like "unamortized," "depreciation," "EBITA" and "capital improvements." Bob's head was spinning. At least he had the foresight to convince the other side jointly to retain a certified public accountant to determine the "unamortized cost of tenant's improvements according to the terms of the lease." The parties agreed the accountant's decision would be "final and binding." It all sounded like an arbitration to Bob. That made him comfortable.
By Charles F. Forer
6 minute read
February 09, 2015 | The Legal Intelligencer
Can Arbitrating Parties Seek Instructions From the Court?It was a very complicated dispute. The parties threw out words like "unamortized," "depreciation," "EBITA" and "capital improvements." Bob's head was spinning. At least he had the foresight to convince the other side jointly to retain a certified public accountant to determine the "unamortized cost of tenant's improvements according to the terms of the lease." The parties agreed the accountant's decision would be "final and binding." It all sounded like an arbitration to Bob. That made him comfortable.
By Charles F. Forer
6 minute read