Arbitration, Mediation & Alternate Dispute Resolution

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When An Arbitration Clause Sounds Permissive But Is Not -- Does "May" Really Mean "Must"?

January 12, 2017 | Blog | By Narges Kakalia

Is an arbitration clause mandatory or permissive when it provides that either party to the contract may elect to submit a dispute to binding arbitration? What if the contract also provides that the right to arbitrate is not exclusive of any other rights that a party has to pursue legal action in an appropriate forum?
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The Use of Experts in International Arbitration: The Rules of the Road

December 23, 2016 | Blog

Relevant codified procedural rules with respect to the use of experts in international arbitration are scarce, and the parties and the arbitrators therefore get to create the pertinent rules of the road in each individual proceeding.
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“Pedal to the Metal” International Arbitration: ICC Issues Expedited Procedure Rules

December 23, 2016 | Blog | By David Barres

In an effort to streamline arbitration proceedings where possible, the International Court of Arbitration of the International Chamber of Commerce (“ICC”) announced on November 4, 2016 that it would issue new Expedited Procedure Rules, effective March 1, 2017, which will comprise the new Appendix VI of its Rules of Arbitration (“ICC Arb. R.”).
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Pros and Cons of Hot Tubbing in International Arbitration

December 19, 2016 | Blog

In this article – “Pros and Cons of Hot Tubbing in International Arbitration” – we describe the nature of “concurrent evidence” or “witness conferencing” of experts (i.e., hot tubbing) in international arbitration, and the pros and the cons of employing such a procedure. 
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Arbitration Agreements – Incorporation by Reference of an Arbitration Clause in Another Document Is a Simple Matter . . . isn’t it?

December 19, 2016 | Blog

In “Arbitration Agreements – Incorporation by Reference of an Arbitration Clause in in Another Document is a Simple Matter . . . Isn’t It?”,  we describe how the simple incorporation by reference of a provision in another document becomes a bit less simple when a Federal District Court says that something more is required – i.e., express notice that the other document contains an arbitration agreement among other provisions. 
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Multi-Step ADR: Drafting Sensible and Effective Dispute Resolution Provisions

December 19, 2016 | Blog

In this article – “Drafting Sensible and Effective Multi-Step ADR Provisions” – we provide practical advice regarding factors to be accommodated in fashioning multi-step ADR provisions that are (1) useful and (2) likely to be enforced by the courts.
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The Use of Experts in International Arbitration: Tribunal-Appointed Experts

December 14, 2016 | Blog

In international arbitrations, litigators from the U.S. often find a bit of the familiar mixed in with equal or greater bits of the unfamiliar. One of the elements of international arbitration that is typically unfamiliar to U.S. litigators is the phenomenon of Tribunal-appointed experts in lieu of party-appointed experts.
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The Use of Experts in International Arbitration: Preparing the Expert Witness to Give Oral Testimony

December 14, 2016 | Blog

An expert witness obviously should be thoroughly prepared to give oral testimony in an adversarial proceeding, and frankly that can best be done by counsel. Is that always permitted in international arbitrations? 
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