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The Legal Intelligencer

'Evident Partiality' Will Lead to Vacating the Arbitration Award

Increasingly, attention has been directed at the issue of arbitrator impartiality and the duties of participants in the process. A recent federal case from California involved the failure of both an arbitrator and the American Arbitration Association (AAA) to comply with their respective obligations in this regard.
7 minute read

The Legal Intelligencer

Ex-Weir Greenblatt Partner Looks to Sue Firm Over Unreturned $50K Capital Contribution

Gina Stowe said the firm and managing partner Walter Weir did not respond to her request to return the funds nor to an American Arbitration Association offer to arbitrate the dispute.
2 minute read

International Edition

HKIAC's Secretary-General Steps Down, Citing Personal Reasons 

Mariel Dimsey, a former partner at CMS Hong Kong, joined the Hong Kong International Arbitration Centre as its secretary general in August last year. 
2 minute read

Daily Report Online

Mediation Confidentiality: A Tale of Two Opinions

In the world of mediation, where confidentiality is the cornerstone of the process that is now responsible for the resolution of the vast majority of civil cases, the strange case of Rogers v. Dupree is demonstrative of both propositions.
8 minute read

Daily Report Online

Alternative Dispute Resolution

Here's where you'll find all the columns being published in the online version of the Daily Report's annual Alternative Dispute Resolution special section.
1 minute read

Daily Report Online

On Neutral Ground: The Art of Staying Objective in Mediation

We lawyers pride ourselves on two characteristics that are essential to making us good lawyers, but that sometimes contradict each other. We're objective, which lets us give dispassionate, reasoned advice. But on the other hand, we are also persuasive, which helps us convince people that our ideas are right. And it is hard to stay objective with someone you know and trust—you!—arguing your client's case to you day and night.
6 minute read

Daily Report Online

Using Experts in Arbitration: 3 Strategies to Use—and 3 Mistakes to Avoid

Employing an expert in arbitration can be valuable for clarifying complex issues or strengthening your argument. However, using experts in arbitration does come with risks.
4 minute read

Daily Report Online

The Value of Court-Appointed Neutrals in Tech Lawsuits

Because Federal Rule 53 for special masters permits the use of court-appointed neutrals, parties should think about agreeing to such a neutral who understands the subject matter at issue.
5 minute read

Daily Report Online

The Current State of Employment Law and Alternative Dispute Resolution

Three employment law neutrals with Miles Mediation weigh in on the current state of employment law and ADR trends.
9 minute read

The Legal Intelligencer

Expert Determination or Arbitration Award: What's the Difference?

It makes a difference whether the determination is an arbitration or an expert decision. We see these clauses frequently. Something similar to "The franchise buyout price shall be determined by submission by each side's appraiser, whose reports shall be submitted to a third, whose decision shall be binding."
6 minute read

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