New York Convention Arbitration

New York Convention Arbitration

The New York Arbitration Convention is the leading piece of international law governing the enforcement of arbitral awards internationally.  Every arbitration award that has been granted from one foreign state to another has likely interacted with the New York Convention in some way.  Formally called the Convention on the Recognition and Enforcement of Foreign Arbitral …

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What is the Role of the Court of Arbitration for Sport?

Court of Arbitration for Sport

The Court of Arbitration for Sport is also known as the Supreme Court for sport.  Known for anti-doping cases and the official court of disputes related to the Olympic games, the Court is a newer concept set up to handle disputes that are related to sports around the world.  Most countries around the world have …

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Class Action Arbitration: The Legality and Related Waiver Clauses

Class Action Arbitration

One of the most bitterly contested issues in arbitration law over the last twenty years is the legality of class action arbitration and waivers thereof.  Professor Elizabeth Tippett calls it the $100 million dollar question for Uber, referring to that company’s high-stakes employee misclassification litigation under wage and hour laws. Of course, Uber isn’t the …

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International NDA: All You Need to Know

international NDA

In our international world, there may come a time when two parties need to create an international nondisclosure agreement or NDA.  This scenario may arise for a variety of reasons, but when it does, the parties want to ensure that their information and understanding stays between them.  When this is the case, the parties may …

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Is More Always Better? A look at the AAA’s Streamlined Panel Option

AAA’s streamlined panel

By Angela Romero Valedón and Sarah Burris Clayton. Introduction As part of the American Arbitration Association®’s (AAA) continued efforts to keep arbitration efficient and cost-effective, it formalized what had been somewhat common practice by adding an optional “feature” to its case administration.  The Streamlined Three-Arbitrator Panel Option,  which AAA added as an option for Commercial …

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Arbitration Panels: Advantages and Disadvantages

Arbitration Panel

Undoubtedly, most arbitration agreements call for a single arbitrator.  But some agreements call for a panel of three sometimes called a tripartite panel.  The tripartite arbitration panel is not a new concept. President George Washington will reportedly be called for the appointment of a three-arbitrator panel in the event of a dispute about his estate. …

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Conciliatory Policy. What is a Conciliatory Approach?

IBA International Arbitration

More businesses, schools, and governments have begun to adopt a conciliatory policy when evaluating and creating their conflict resolution processes.  Yet many people that follow and interact with these processes do not fully understand the term conciliatory and how it affects the dispute resolution process.  For some people, a conciliatory process may feel fresh and …

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Control Your Arbitration Costs

Take Control of Your Arbitration Costs

By Jeff Benz, Esq., MBA Surveys and studies demonstrate that the overwhelming costs of commercial arbitrations are not arbitrator fees or fees charged by arbitration providers, but the costs incurred by the parties to present their cases. Generally between 75% and 80% of the total expenses of an arbitration are attributable to the parties’ own …

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