Arbitration Committee Meeting

We look forward to having as many of you as possible on our committee call. The call is set for Thursday, April 23, 2020 at 2:00 p.m. Eastern Time. Visit the Arbitration Committee Connect community for more information (you need to be logged in to the ABA web site to access the Connect community).

Message from the Arbitration Committee Chairs

Most importantly, we hope that this message finds you all well in these trying times. The nation and our association have felt the impact of the COVID-19 virus.

Despite the challenges in the immediate term, we are confident that we will all come out of this stronger. You need not look any further than the stunning success of the 13th Annual Arbitration Institute, which took place earlier this year at the Sandra Day O’Connor College of Law in Phoenix, Arizona.

While we regret that the in-person Spring Conference has been cancelled, and with it the opportunity to see all of you in person, we are excited about the virtual conference that the Section has in store for the Spring, which we can all enjoy from the safety and comfort of our homes for five days, May 18 through 22nd.  While there will be a variety of programs on each day of the virtual conference, Thursday, May 21st has been designated as arbitration day. Check out the tentative agenda for more information. [Link to where we post the agenda]

We continue to welcome any interest in contributing to the committee, whether by publishing articles, like the many fine articles in this edition of our newsletter, or by organizing programs. Just contact either of us and we would be very happy to discuss.

- Harout Samra and David Tenner, Co-Chairs

Featured Articles

Alternative Dispute Resolution

The (Dubious) Rise and (Sort of) Demise of “Manifest Disregard of the Law”

From its inception, arbitration has triggered judicial suspicion that arbitrators lacked the ability to make apply the law correctly. In the United States, courts insisted for more than 150 years on the common law right to “interfere” when an arbitrator committed a “gross mistake.” By the late nineteenth century, the United States Supreme Court had declared explicitly that an arbitration award may be set aside for “manifest mistake of law.”

Alternative Dispute Resolution

Mediating International Disputes – and Consent Awards – The Future is Here

On August 7, 2019, the United Nations Convention on International Settlement Agreements resulting from Mediation (the Singapore Convention) was signed by 46 states. It was the product of years of work by the United Nations Commission on International Trade Law (UNCITRAL) Working Group II. The effort was instigated by the United States and multinational corporations responding in part to the increased cost of international arbitration.

Online Resources for Dispute Resolution Professionals

We have pulled together resources to help you practice online and virtually. See our new Online Practice Tools web site. We will be adding more webinars, recordings, and articles in the coming weeks. If there are resources you need, contact associate director Gina Viola Brown at gina.brown@americanbar.org or 202-212-9314.

News and Events

In March, Judge William A. Dreier (Ret.) and Robert Bartkus published the 2020 edition of New Jersey Arbitration Handbook, with 340 pages of text plus eight appendices of AAA and ICDR Rules, state and federal statutes and short digest/summaries, with subject index, of over 900 arbitration cases in New Jersey and the Third Circuit.

News and Events

As Publications Chair of Arbitration Committee, Linda Michler wishes to acknowledge the contributions of Elizabeth Lilienthal, Esq. and all the contributors to this May issue of Just Resolutions. We hope you enjoyed reading these articles.

2020 Virtual Spring Conference

Registration for the ABA Section of Dispute Resolution Virtual Conference on May 18 -22 will open soon.