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Posts

• Notes from Berlin: U.S. Hospitality in International Arbitration
• Georgia Court of Appeals Takes a Pass on “Functus Officio” as State Common Law
• No Sovereign Immunity in Nigerian Trade Zone Dispute; D.C. Circuit Affirms New York Convention Applies to Broad Range of Investor-State Arbitral Awards
• Another Lock Sealed: Second Circuit Applies ZF Automotive to Foreclose Section 1782 Discovery in ICSID Arbitration
• Georgia Court of Appeals Considers “Conduct-Based Waiver” of the Right to Arbitrate
• Sixth Circuit Revisits “Closely Related” Doctrine in Forum Selection Disputes
• Card Not Valid: Badgerow and Post-Award FAA Jurisdiction
• The Forest and the Trees: Drafting The Optimal Arbitration Clause
• Management and Process in the Mass Arbitration: From Concepcion and Beyond
• Cards, Cookies, and the Supreme Court’s Coinbase v. Bielski Opinion: Mandatory Stay Now Required on Appeal of Denied Motion to Compel
• Arbitration Roundup: Independence Day Edition
• And Enjoy Your New Yacht: Staying True to Course, Eleventh Circuit Reaffirms Limits of “Exceeding Powers” Arbitration Award Vacatur
• Is Arbitration “Just Like” Litigation? Some Challenges to Conventional Wisdom
• “Flora-Bama,” “Floribama,” and a Comparative Look at ADR
• Under New York Convention, Separate Service of Summons not Required to Confirm Award
• The Availability of an “Exceeding Powers” Challenge to the International Arbitration Award: 11th Circuit to Revisit Longstanding Precedent
• 58 years is a good run: In ZF-Automotive, the Supreme Court Curtails Discovery Options for International Arbitration
• AAA’s 2022 Arbitration Rule Revisions: Upgrades to the ADR Operating System
• On Appeal of FINRA Arbitration Award, Investors Out of Money and Out of Luck
• Poker, Peru, and Promptness in International Arbitration Challenges
• Healthcare and Arbitration: Facility Admission Agreements and the Regulation of ADR
• Arbitration Clauses: Reconsidering the “Equitable” Relief Carveout
• Supreme Court Roundup: A Slight Course Correction for the S.S. FAA?
• Mining for Bitcoin or Mining for Iron? Blockchain Applications in Arbitration
• Arbitration Update: Another Effort to Exorcise “Manifest Disregard”
• ADR in the New Year: Seven Hopes, and A Partridge in a Pear Tree
• Leapfrog Petition Granted: Key International Arbitration Question Back on for Supreme Court Decision
• Hot Cocoa Conversation: A Servotronics Update
• Post-Award Filings in Arbitration: Eleventh Circuit Considers Timing Question of First Impression
• What Would Oliver Cromwell Do? My GAR Live Discussion on Challenging the Arbitrator
• Assessing and Correcting for Implicit Bias
• “And If You Didn’t Hear Us the Last Time”: More Emphasis on Arbitral Award Finality
• Location, Location, Location: Forum-Selection in International Litigation
• Phased ADR Clauses, Redux
• Delivering a Compelling Closing in the Complex Business Dispute
• The Halliburton Decision, Part II: Considering the Contours of Arbitrator Disclosure
• Dotting the i’s (and Sealing the Envelope) In Arbitration-Award Challenges
• The Halliburton Decision: UK Supreme Court Incorporates International Best Practices for Arbitrator Disclosure
• ICDR 2021: The Role of the Tribunal Secretary
• Supreme Court Grants Cert in Servotronics Dispute; Likely to Resolve Circuit Split On Key International Arbitration Question
• ICDR 2021: Third-Party Funding Disclosure in Commercial Arbitration
• Sweeping for Mines: The Injunctive Relief Carve-out in Arbitration
• “Absolutely Incensed”: A Foreign Law Twist on Equitable Estoppel in Arbitration
• When Does Documents-Only Arbitration Make Sense?
• Repeat Player Bias in Arbitration: Snuffleupagus or Yeti?
• Second Circuit Reaffirms Its View on Section 1782 and Private International Arbitration
• Maintaining Confidentiality in Arbitration
• Sour Chilean Grapes and Specific Performance of Contracts In International Arbitration
• When Venue is Worth Fighting Over: Behind The Supreme Court Decision That Nonsignatories Can Enforce Arbitration Agreements

• The View from Overhead: Garage Doors, Trademark, and Crafting Our Settlements, Part II
• The Best Time to Plant A Tree: Litigation Prevention and the Contract
• 2023: The Arrival of Hands-On AI
• “Never Put Off Until Tomorrow…” The Importance of the Signed Mediation Agreement
• How the (Chocolate) Gets Made: The Georgia Supreme Court’s “Edible Arrangements” Opinion
• The Cognitive Coffee Cup: Opening Argument in the Complex Commercial Trial
• If Honeybees Could Mediate: Benefits of Phased Dispute Resolution
• ROSS-Westlaw Copyright Feud: Approaches to Litigation Cost Management

• Generative AI and the Promise of Wider Online Dispute Resolution
• More Than One Way to Loosen the Knot: The Power of Options in Mediation
• Moving the Conversation Forward: Early Mediation and EDR
• The Hourglass and the Ocean: Making Time for Resolution
• Changing the House Odds: Certainty and the Mediation Process
• Stops along the Way: When the Mediation Discussion Makes Sense
• Abogados and Avocados: Section 1782 Nets Early Access to Corporate Records in Mexican Litigation
• 11th Circuit Uses Trademark Case to Instruct on Summary Judgment Practice
• Chat GPT and Litigation Technology, Reprised
• Utilizing the Special Master
• Early Dispute Resolution (EDR): A Recipe for Success in Commercial Mediation
• An Idea Whose Time Has Come? Considering the Role of Settlement Counsel
• The Emergence of Required Third-Party Funding Disclosure
• Second Circuit: No Inherent Limit on Using Section 1782 Discovery Elsewhere
• What We Can Learn from the First All-Virtual Patent Jury Trial
• 11th Circuit Weights in on “Administrative Feasibility” as a Class Certification Requirement

• A Foreign Litigant’s Multi-Tool: The ever-ready 28 U.S.C. Section 1782
• ICDR’s 2021 Rules Address Compétence-Compétence; Tension with New Restatement Continues

• The Skills of Civil Discourse: What Mediators Have to Share This Thanksgiving
• Generative AI in Mediation: Ethical Considerations
• Mediation Math — The Power of Combinations

• Control over Time in Business Mediation

• Two Chief Justices, and Why Institutional Independence Matters

• Safely Navigating Blind Spots in Litigation: Using Powerful Questions
• The View from Overhead: Garage Doors, Trademark, and Crafting Our Settlements, Part I
• Alohomora! Unlocking the Secrets of Successful Mediation
• A Utility Player at Trial: The Humble Inference
• Appellate Advocacy in the Zoom Era
• Federal Court Hearings and Chill? Applause for More Live Streaming
• How COVID-Era Technology is Driving Down the Litigation Cost Curve
• The Power of Theme: Epic Games Takes Aim at Apple

• The Lawyer’s Creed and Successful Mediation: Some Holiday Reflections
• Making the Most of Our Online Mediations
• Groundhog Day Edition: Considering the Mediation Privilege
• Mediation and the Psychology of Money, Part II
• Human Nature and Mediation: A Focused Review of “The Psychology of Money”
• Mediation Principles for our National Conversation
• Phoning It In: Telephonic Mediation in a Virtual World
• Uniform Mediation Act Still Trekking Through the States
• A Promising Future for the Singapore Convention and Global Mediation

• Timing in Trial Can Be Everything: Lessons from the Jefferson Davis Prosecution

• Revising Our Assumptions About People — A Review of “Talking to Strangers”

• When Tech Meets Tact: Envisioning the Mediation of the Future
• Virtual Patent Trial Underway in Southern District of New York
• When Does A Video Feed Make Sense for Trial or Evidentiary Hearing?

• How Will We Conduct Jury Trials In the Age of COVID-19?

Team Members

• Andrew Flake