April 25, 2016

Responsibilities of the arbitrator in the event of a default. What are your thoughts?

What are the responsibilities of the arbitrator in the event of a default? How far should an arbitrator go to ensure due process and to protect the award? Please post your comments/thoughts below.

April 17, 2016

What does an arbitrator do when a contract is silent on arbitration costs? What are your thoughts?

When the contract is silent about costs, should the arbitrator treat attorneys' fees differently than other arbitration costs (e.g. arbitrator compensation, institutional fees)?

Please provide your comments/thoughts below.

April 12, 2016

The Mandatory Consumer Predispute Arbitration Agreement - Reportsof its Demise May have been Greatly Exaggerated

By AAA Arbitrator George Friedman

http://www.sacarbitration.com/blog/mandatory-consumer-predispute-arbitration-agreement-reports-demise-may-greatly-exaggerated/

George H. Friedman, an ADR consultant and Chairman of the Board of Directors of Arbitration Resolution Services, Inc., retired in 2013 as FINRA's Executive Vice President and Director of Arbitration, a position he held from 1998. In his extensive career, he previously held a variety of positions of responsibility at the American Arbitration Association, most recently as Senior Vice President from 1994 to 1998. He is an Adjunct Professor of Law at Fordham Law School. Mr. Friedman serves on the Board of Editors of the Securities Arbitration Commentator. He is also a member of the AAA's national roster of arbitrators. He holds a B.A. from Queens College, a J.D. from Rutgers Law School, and is a Certified Regulatory and Compliance Professional.

April 10, 2016

Do depositions have a place in arbitration? What are your thoughts?

Do depositions have a place in arbitration? If the contract is silent with respect to depositions, should the arbitrator allow depositions over one party's objection? Please provide your comments/thoughts below?

April 4, 2016

International Arbitration: Not Just for the Rich & Famous

Article by Alexander Bachuwa,Esq.

International Arbitration - Not Just for the Rich And Famous.pdf

Alexander Bachuwa, Esq. of Nomad Resolutions International Law Firm has extensive international experience working abroad in China and Mongolia, focusing on alternative dispute resolution in the arena of corporate and commercial law. He has an MBA in Global Finance from Thunderbird School of Global Management, a JD from Arizona State University, and a BA in economics from University of Michigan. Alexander is licensed to practice in New York, Arizona, and is a Foreign Registered Attorney in Mongolia. He has also been admitted to all New York and Arizona federal courts. Alexander is conversational in Arabic, Spanish, and Mandarin.

April 3, 2016

Arbitrator Interfering with the Subpoena Power of Counsel

Does an arbitrator have the authority to interfere with the subpoena power of counsel granted by state law? Should all subpoenas be issued by the arbitrator? Please post your thoughts/comments below.

March 31, 2016

Mediation No Longer the Rodney Dangerfield of Dispute Resolution

Article by George H. Friedman

http://www.sacarbitration.com/blog/mediation-no-longer-rodney-dangerfield-dispute-resolution/

George H. Friedman, an ADR consultant and Chairman of the Board of Directors of Arbitration Resolution Services, Inc., retired in 2013 as FINRA's Executive Vice President and Director of Arbitration, a position he held from 1998. In his extensive career, he previously held a variety of positions of responsibility at the American Arbitration Association, most recently as Senior Vice President from 1994 to 1998. He is an Adjunct Professor of Law at Fordham Law School. Mr. Friedman serves on the Board of Editors of the Securities Arbitration Commentator. He is also a member of the AAA's national roster of arbitrators. He holds a B.A. from Queens College, a J.D. from Rutgers Law School, and is a Certified Regulatory and Compliance Professional.

March 28, 2016

Right to Challenge a Party Appointed Arbitrator - What are your thought?

Does a party have the right to challenge a party appointed arbitrator for conflicts? What should be the standards, if any, for removal? Are the standards different than those for challenging arbitrators appointed by an arbitral institution? Please provide your thoughts/comments below.

March 26, 2016

FINRA's Dispute Resolution Unit Outlines its 2016 Goals and Plans

By AAA Arbitrator George H. Friedman

https://www.arbresolutions.com/dispute-resolution/

George H. Friedman, an ADR consultant and Chairman of the Board of Directors of Arbitration Resolution Services, Inc., retired in 2013 as FINRA's Executive Vice President and Director of Arbitration, a position he held from 1998. In his extensive career, he previously held a variety of positions of responsibility at the American Arbitration Association, most recently as Senior Vice President from 1994 to 1998. He is an Adjunct Professor of Law at Fordham Law School. Mr. Friedman serves on the Board of Editors of the Securities Arbitration Commentator. He is also a member of the AAA's national roster of arbitrators. He holds a B.A. from Queens College, a J.D. from Rutgers Law School, and is a Certified Regulatory and Compliance Professional.

March 22, 2016

A CRITIQUE OF THE 2014 INTERNATIONAL BAR ASSOCIATION GUIDELINES ON CONFLICTS OF INTEREST IN INTERNATIONAL ARBITRATION

A CRITIQUE OF THE 2014 INTERNATIONAL BAR ASSOCIATION GUIDELINES ON CONFLICTS OF INTEREST IN INTERNATIONAL
ARBITRATION

By Mark R. Joelson
A CRITIQUE OF THE 2014 INTERNATIONAL BAR ASSOCIATION.pdf