A case study from the perspective of in-house counsel.
The March Towards Cybersecurity Maturity in Arbitration
This progress towards cybersecurity maturity in arbitration is long overdue, but a welcome development in an industry where cyber risk is substantial and cyber resilience is imperative.
Deal-Dispute Mediating: A Former Deal-Maker’s Perspective
This is prime territory for mediation—especially because it’s not easy for judges or arbitrators to resolve disputed issues of business judgment, nor may they impose on the situation the kind of resourceful business solutions that the parties can hopefully fashion with the mediator’s assistance.
It’s Not Just About Mediation: ‘Presumptive ADR’ and the Spectrum
The spectrum is a visual representation of all of the dispute resolution processes from negotiation through and including litigation. This article is meant to provide a brief overview of processes on the spectrum, other than mediation, that the courts may be employing.
Getting Real About Discovery in Arbitrations
Because of the fundamental differences between litigation and arbitration, codified in the Federal Arbitration Act, or similar state statutes, arbitrators, and courts dealing with enforcement issues, have dealt with the revolution in very different ways.
Party Autonomy, Repeat Appointments and ‘Halliburton’
When an arbitrator has been repeatedly appointed by the same party, it raises questions as to whether that arbitrator can serve without favoring that party or, at a minimum, appearing to be dependent on that relationship in a way that would affect the arbitrator’s freedom of judgment.
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