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Posted on: Wed, 01/15/2020

A well-constructed dispute resolution clause is the foundation of a cost-effective and efficient dispute resolution process. Yet courts regularly are faced with arbitration clauses that are problematic in some respect.

Common Flaw #2: Buried, Unrealistic, or Ambiguous Filing Requirements

A filing requirement can buried in the fine print of a dispute resolution provision or may be arbitrarily short or ambiguous.

Who’s on First?

Posted on: Wed, 01/15/2020

By: A. Kelly Turner, Esq., Senior Counsel, AAA-ICDR

Any doubt as to whether an arbitrator should make a disclosure should be resolved in favor of disclosure. 

The arbitrator should not judge the significance of the potential conflict or contact but rather make the disclosure and let the parties determine its significance. As a guiding principle: if a relationship or interest crosses the arbitrator’s mind, the arbitrator should disclose it.

Arbitrators for a case administered by an arbitral organization are required to provide full, complete

Posted on: Wed, 01/15/2020

By: Linda L. Beyea, Vice President, AAA Construction Division

The ability of the parties to choose the decision-maker for their case is one of the most significant benefits of arbitration over litigation. Parties have the opportunity to opt for specific experience related to the subject matter of the dispute, such as industry or technical knowledge, or for broad experience handling similar types of cases, such as large, complex contract matters. Parties may prefer the same qualifications or completely different credentials. Regardless of the differences, all

Posted on: Wed, 01/15/2020

By: Jeffrey T. Zaino, Esq., Vice President, AAA Commercial Division
Mansi Karol, Esq., Director of ADR Services, AAA

Whether or not an organization has taken a formal diversity pledge—and many have-- eliminating bias and enhancing diversity make good sense—and good business sense.

Reflecting today’s increasingly global society and work force is a conscientious as well as practical imperative. Companies and law firms can demonstrate their commitment to diversity and inclusion through their dispute resolution process.

At the outset of an arbitration or