Practice Points

Sixth Circuit Joins the Crowd: Under AAA Rules, Arbitrators Decide Arbitrability

By Michael Ferrara – September 23, 2020 | It noted that eleven of the twelve circuits had reached the same result and concluded that “[t]here’s little doubt about the final picture.”

California Federal Court Enjoins Ohio Arbitration

By Michael Ferrara – September 17, 2020 | Although plaintiffs won the case primarily because of collateral estoppel, the court took time to emphasize that the arbitration and forum selection clauses would be ineffective regardless.

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Articles

Arbitrators Must Disclose Ownership Interest

By Jeanine Telfer – August 21, 2020 | Arbitrator disclosure of an economic interest does not suffice as constructive notice of an ownership interest for parties to make an informed decision for waiver.

What Is a “Tribunal”? Circuit Courts Disagree

By Sunu M. Pillai – August 21, 2020 | Three circuit courts have reached varying conclusions over the past year on whether the word “tribunal” includes private arbitration panels.

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Sound Advice Podcasts

How to Become a Neutral Part II

By Brain Farkas and Theo Chang – July 21, 2020 | In this series on "How to Become a Neutral," the ABA Section of Litigation's Alternative Dispute Resolution Committee will interview leading mediators and arbitrators about their career paths and offer guidance to those considering roles as neutrals. In this episode, Brian Farkas (Arent Fox LLP) talks with Theo Chang (ADR Office of Theo Cheng). (22:58 min)

How to Become a Neutral: A Conversation with Edna Sussman

By Edna Sussman and Brain Farkas – July 3, 2020 | In this series on "How to Become a Neutral," the ABA Section of Litigation's Alternative Dispute Resolution Committee will interview leading mediators and arbitrators about their career paths and offer guidance to those considering roles as neutrals. In this episode, Brian Farkas (Arent Fox LLP) talks with Edna Sussman (Susman ADR, LLC). (21:17 min)

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