Arbitration

Posted on: Wed, 12/11/2019

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: Tue, 12/10/2019

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: Tue, 12/10/2019

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

Posted on: Mon, 08/05/2019

By: Lance K. Tanaka, Vice President, AAA Commercial Division and Sports Arbitration Practice

Brand and reputation are everything in professional and scholastic athletics. No sports organizations, individual athletes, or coaches want their dirty laundry aired in a public courtroom, where the media can pick it up and broadcast to the entire world. 

As in other industries, legal disputes inevitably arise in sports. However, since fan support is key to their survival, negative media coverage stemming from a legal dispute is potentially more devastating to leagues, teams,