November 10, 2018

Sole arbitrator informally consulting with colleagues - What are your thoughts?

A sole arbitrator informally consulting with colleagues about procedural issues in a case (such as interpretation/application of Commercial Rules).

What are the perimeters of permissibility?

Please provide your thoughts/comments below.

November 4, 2018

Allocating Fees - What are your thoughts?

What factors should arbitrators use in exercising their discretion as to whether and how to allocate between the parties their own compensation and the administering institution's filing fees?

Please provide your thoughts/comments below.

October 28, 2018

Disclosures during a non-administered arbitration - What are your thoughts?

In a non-administered arbitration, how should an arbitrator handle a disclosure issue that arises during the middle of an evidentiary hearing?

Please provide your thoughts/comments below.

October 20, 2018

Non-administered arbitration - What are your thoughts?

In a non-administered arbitration, how should a party-appointed arbitrator respond to a challenge by the non-appointing party to her/his continued seating/appointment?

Please provide your thoughts/comments below.

October 14, 2018

Attorney-client privilege or attorney work-product doctrine - What are your thoughts?

What are best practices should an arbitrator be called upon to rule on a challenge as to a party's designation and withholding of a particular document from disclosure under the attorney-client privilege or attorney work-product doctrine so as to avoid the possibility of having the arbitrator be tainted by privileged/protected information in advance of the evidentiary hearing?

Please provide your thoughts/comments below.

Confidentiality - What are your thoughts?

Confidentiality is a bedrock foundation of most ADR processes. But is that time-honored attribute contributing to (a) the lack of regard or disdain that certain segments of the American public appear to have towards mandatory arbitration in the employment and consumer fields; and (b) the lack of diversity in the selection of ADR neutrals?

Please provide your thoughts/comments below.

October 7, 2018

Final Pre-Hearing Conference - What are your thoughts?

What circumstances would obviate the need to hold a final pre-hearing conference before the evidentiary hearing? That is, after holding the preliminary hearing conference, the next time an arbitrator might conceivably speak to or see the parties and their counsel is at the evidentiary hearing. What are the advantages and disadvantages of not holding a final pre-hearing conference?

Please provide your thoughts/comments below.

September 30, 2018

Early Neutral Evaluation - What are your thoughts?

In practice, an early neutral evaluation is neither early, neutral, or an evaluation - agree or disagree?

Please provide your thoughts/comments below.

September 23, 2018

Singapore Convention - What are your thoughts?

Do you believe that the advent of the Singapore Convention (facilitating the enforcement of mediated settlement agreements amongst treaty signatories) will result in an increase in the number of cross-border mediations? Why or why not?

Please provide your thoughts/comments below.

September 16, 2018

Arbitration of sexual discrimination, sexual harassment, and/or sexual misconduct claims - What are your thoughts?

What are your thoughts on pending state legislation banning the arbitration of sexual discrimination, sexual harassment, and/or sexual misconduct claims in the workplace? Will such legislation help ameliorate the "black eye" that mandatory arbitration has in the employment arena? Is such legislation pre-empted by the FAA? Do these statutes improperly elevate only these kinds of claims over other anti-discrimination or workplace protection claims?

Please provide your thoughts/comments below.