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
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
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
By: Luis M. Martinez, Esq., Vice President, International Centre for Dispute Resolution (ICDR)
Each year the ICDR, (International Centre for Dispute Resolution, the international division of the American Arbitration Association, AAA®) administers cases pursuant to various sets of the AAA’s rules and its own International Arbitration Rules, (IAR) which include international mediation rules and expedited procedures. For example international cases can be and are filed either under the ICDR International Dispute Resolution Procedures (including Mediation and