By Greg Wood Arbitration offers many advantages in addressing and resolving disputes, specifically intellectual property disputes. Among these advantages are: party control (the parties retain control of the process and issues to be decided to a greater degree than if the matter was submitted to the courts), certainty of forum (the risks of inconsistent results …
By Scott Van Soye “Our General Counsel is the only guy at IBM with an unlimited budget… and he always exceeds it.” “Of course, general counsel recognize that all businesses, including law firms, must make a profit but, given the pressures they currently face, getting “the most bang for the buck” is an imperative.” Which …
The UNCITRAL Arbitration Rules are a set of procedural rules that govern the process of arbitration and the international resolution of commercial disputes. These rules may be used both in proceedings administered by UNCITRAL or by parties and arbitrators who have chosen to use them. They provide a framework for the arbitration process and cover …
Employment arbitration statistics show that arbitration is on the rise as a mechanism to resolve employment disputes. However, this process has received criticism from employees and those who protect them because it can provide an unfair advantage to employers and may remove the rights of employees to use the courts to resolve their dispute. The …
What a mess. Recently, you were driving the middle car during a three-car accident. Your car was totaled, you had to have leg surgery. You have missed a lot of work and are way behind on many of your bills. You have been negotiating with all three insurance companies by yourself. You don’t think there …
Today was not starting well. A few minutes late for an early morning meeting, you drive a little faster than usual through a winding bit of road. Out of nowhere, a police motorcycle appears behind you and signaled to you to over. Mystified, you comply. “Did you know you were speeding?” asks the officer, her …
I. Introduction For a case to reach the appellate level is a rare feat indeed. It has been estimated that nearly ninety-five percent of all cases will settle before trial. Of the remaining five percent, only the most difficult and stubborn will proceed to the appellate level. This creates a unique environment for alternative dispute …
After a long day of negotiations, the parties have finally agreed on a way to resolve the case and settle their dispute, however, there is still one more decision to make—whether to put that agreement in a stipulated judgment or a settlement agreement. On the surface, the two options look very similar. Both include the …
By Thomas J. Stipanowich These days arbitration seems to be everywhere. Binding pre-dispute arbitration provisions feature in all kinds of contracts; the Supreme Court regularly issues pro-arbitration decisions; and there has never been more discussion about how to employ arbitration fairly and effectively. But these realities underpin and point up twin challenges facing arbitration. First, …
By Jeffrey Benz When parties lament the costs of arbitration, I wonder if as an arbitrator I need to undertake a review of what can be done to make things more efficient. As we begin 2012, I reflect back on a topic we all (practitioners and arbitrators) read and heard a lot about in 2011, …