March 16, 2019

Mandatory Arbitration Clauses - What are your thoughts?

Should mandatory arbitration clauses for consumer and employment disputes be banned?

Please provide your thoughts/comments below.

March 10, 2019

eDiscovery Strategies - What are your thoughts?

What are some strategies for an arbitrator dealing with arguing lawyers regarding electronic records such as e-mails where one claims that more search terms are needed and the other says it will cost too much? How much into the weeds should an arbitrator go when one side proposes specific search terms (where it is not known whether those search terms will reveal 500 e-mails or documents or 500,000)?

Please provide your thoughts/comments below.

March 3, 2019

Institutional Rules - What are your thoughts?

There are various established rules by the ADR institutions, AAA-ICDR, JAMS, CPR,
FINRA, etc. Are there any specific rule(s) that you think should be changed, modified, or removed? Do you find any rule(s) to be problematic?

Please provide your thoughts/comments below.

February 16, 2019

Disclosing Speaking Engagements - What are your thoughts?

During an ongoing arbitration matter with two party appointed neutral arbitrators and chair, the chair of the Tribunal accepts a speaking engagement at an arbitration conference organized and moderated by an attorney from the firm of one of the party appointed arbitrators.

Should this be disclosed to the parties? What are best practices? Should the chair have accepted this speaking engagement?

Please provide your thoughts/comments below.

February 10, 2019

Unethical Conduct by Counsel - What are your thoughts?

If an arbitrator thinks that counsel has engaged in unethical conduct, does the arbitrator (or full panel)have a duty to investigate to see if that was the case?

Please provide your thoughts/comments below.

February 3, 2019

Ad-hoc Arbitrations and Selecting the Umpire - What are your thoughts?

In an ad-hoc arbitration, where each party names a wing arbitrator and the two wings are supposed to name an umpire, what procedural methodology for the selection of the umpire have you found to be the most effective?

January 27, 2019

Third Party Funders - What are your thoughts?

AAA Commercial Rule R-25 says, in part, that "Any person having a direct interest in the arbitration is entitled to attend hearings." Does a third party funder have a "direct" interest? Should parties disclose third party funders?

Please provide your thoughts/comments below.

January 20, 2019

Protocols of Communication with Non-Neutral Arbitrators - What are your thoughts?

What protocols of communication within a panel, and by the panel to the advocates prior to the close of testimony, should govern a panel where the wing chairs are party-appointed and non-neutral?

Please provide your thoughts/comments below.

January 13, 2019

Arbitrators Discussing Substantive Case Issues - What are your thoughts?

How much should arbitrators in a three person Tribunal discuss amongst themselves any of the substantive issues in the case prior to the close of testimony?

Please provide your comments/thoughts below.

January 6, 2019

Dealing with the Press During an Arbitration or Mediation - What are your thoughts?

What, if anything can an arbitrator/mediator do if he or she sees information in the press regarding an ongoing hearing?

Please provide your thoughts/comments below.

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