Events & Announcements

    Section of Litigation, Alternative Dispute Resolution

    Upcoming ABA Events

    New Prague Rules on Efficient Conduct of Proceedings in International Arbitration

    On December 14, 2018, the Rules on the Efficient Conduct of Proceedings in International Arbitration, also known as the Prague Rules, are scheduled to be released. These proposed rules on the taking of evidence in arbitration adopt a more inquisitorial approach. The hope is that the new rules will help reduce the duration and cost of arbitrations. Parties and Arbitral Tribunals may decide to apply the Rules as a binding document or as guidelines to all or any part of the proceedings. These rules came about because of dissatisfaction with the time and costs involved in document production and the direct and cross-examination of witnesses.

    Read the Prague Rules

    Representation in Mediation Competition—Online Competition

    Registration for law school students’ Online Competition is February 15, 2021, 11:59 pm. The regionals are scheduled between February 26 and March 8, and the national finals are scheduled for April 9–10. By participating in this competition, law students will practice their advocacy and problem-solving skills. Students will practice understanding each other’s clients and Best Alternative to a Negotiated Agreement (BATNA) to achieve an effective settlement.

    FINRA ZOOM Hearing Statistics

    Through November 30, 2020, FINRA Dispute Resolution Service has received 393 motions for Zoom hearings: 257 of the motions were contested and 136 of them joint requests. 202 of the contested motions were in customer cases. Of these, 120 were granted; 51 were denied; and 31 are still open. 55 of the contested motions were in intra-industry cases. Of these, 33 were granted; 12 were denied; and 10 are still open. Of the 136 joint motions, 43 were filed in customer cases and 93 in intra-industry cases. The virtual arbitration hearing statistics are now available on the FINRA Dispute Resolution Statistics page.

    Chartered Institute of Arbitrators Release 2021–2023 Strategy

    The Chartered Institute of Arbitrators (CIArb) is committed to promoting effective dispute resolution and the benefits it brings to society and the economies across the world. Following consultation with their members, branches, board, committees and their staff they have developed three strategic aims to reach their goal of a world where disputes are resolved promptly, effectively, and creatively. The three strategic aims are (1) globally promote the constructive resolution of disputes (2) be a global inclusive thought leader and (3) develop and support an inclusive global community of diverse dispute resolvers. With these aims CIArb hopes to build a stronger relationship with governments, judiciaries, and public bodies to raise the awareness of effective dispute resolution and its positive impact and, where appropriate, seek legislative reform to promote all forms of effective dispute resolution.

    SEC Approves Rule Amendment

    On May 30, 2019, the Securities and Exchange Commission approved a rule amendment to expand time for non-parties to respond to arbitration subpoenas and orders of appearance of witnesses or production of documents. Rules 12512 (d) and (e) and 12513 (d) and (e) will extend the response time for non-parties to object to an order or subpoena from 10 calendar days of service to 15 calendar days of receipt of the order or subpoena. The amendments exclude first-class mail as an option to serve documents on the non-party and as an option for the non-party to file the objection to the scope or propriety of the order or subpoena. The rule became effective on July 1, 2019 for cases filed on or after that date. For more information please visit the FINRA page.

    The New Singapore Convention on Mediation

    Tim Schnabel, a former attorney with the United States Department of State, has written an article concerning the new UNCITRAL convention on mediated settlement agreements (to be called the Singapore Convention). Tim Schnabel was primarily responsible for negotiating the convention on behalf of the United States. The article is available for free on SSRN and is entitled "The Singapore Convention on Mediation: A Framework for the Cross-Border Recognition and Enforcement of Mediated Settlements."

    Women in Dispute Resolution 2016–2017 Directory

    The mission of the Women in Dispute Resolution (WIDR), a committee of the American Bar Association's Dispute Resolution Section, is to educate about the lack of diversity among neutrals in alternative dispute resolution settings (arbitrations and mediations) and to increase the number of diverse neutrals. WIDR is pleased to announce that the 2016-2017 Directory is now available! The WIDR Directory provides contact information along with each member's expertise and experience. WIDR is open to all members of the ABA Dispute Resolution Section and the directory reflects representation of both men and women. Please use this directory and forward it to your clients, partners, colleagues, law school classmates, and fellow ABA members, as well as contacts you may have in your community. Our goal is to get this directory into the hands of as many people as possible who have a say in hiring neutrals. A complete listing of all WIDR members, including those not in the directory, can be found on the Dispute Resolution Section membership page.

    UNCITRAL Working Group II

    The UNCITRAL Working Group II 73rd session is set to be held on March 22–26, 2021 to discuss issues relating to expedited arbitration. There are several drafts that will be discussed on this date. One of them is the settlement of commercial dispute provisions on expedited arbitration. These provisions will appear as an appendix to the UNCITRAL Arbitration Rules. Some of the issues that they hope will be clarified are the use of technology to streamline the process, notice of arbitration, and simplifying the two-stage process in designating and appointing authorities.

    Peru Decree No. 020-2020

    Early this year Peru issued an Emergency Decree to modify Legislative Decree No. 1071, Legislative Decree that regulates arbitration, in order to promote national and sectoral public policies aimed at defining and optimizing the participation of the State in arbitration processes. The decree’s purpose is to ensure transparency of the processes and thus avoid acts of corruption or situations that affect the interests of the State. The decree modifies articles 7, 8, 21, 29, 51, 56, and 65 and incorporates a new article 50-A of the 2008 Peruvian Arbitration Law (PAL). Although with the new article 50-A it speeds up the process in that in arbitration in which the Peruvian State intervenes as a party if no act is carried out to promote the arbitration process for four (4) months there is a declaration of abandonment. This declaration however prevents starting another arbitration with the same claim for six (6) months. If the abandonment is declared a second time between the same parties and in exercise of the same claim the right expires.

    FINRA Releases Statistics Up to October 2020

    The Financial Industry Regulatory Authority has just released statistics about its past and present case load. At the midpoint of the year, FINRA reports having 3,403 new cases which is 6 percent higher than at this time in 2019. The top three causes of action in Customer Arbitration were breach of fiduciary duty (1,414 cases), negligence (1,307 cases) and failure to supervise (1,181 cases). Cases decided by arbitrators continued to decline with 13 percent of the cases decided by arbitrators and 87 percent decided by other means—mostly by direct settlement by the parties. For more information, please visit the FINRA website.

    The Hague Rules on Business and Human Rights Arbitration

    Since 2013 there has been an interest in interest in the possibility of using international arbitration as a method for resolving issues concerning business and human rights. After almost a year of gathering responses and drafting the Hague Rules on Business and Human Rights Arbitration (BHR Arbitration) are set to be launched in December 2019. The Hague Rules are based on the UNCITRAL Arbitration Rules, with modifications needed to address certain issues likely to arise in the context of business and human rights disputes.

    New CPR Revised 2019 Administered Arbitration Rules

    In April 2019, the CPR launched revisions to their Administered Arbitration Rules. Some of the key features include adoption of CPR’s Screen Selection Process as the default mechanism for Arbitrator selection, the inclusion of a new “Young Lawyer” Rule, and the express procedural guidance on early disposition. The CPR’s Rules for Administered Arbitration were developed by CPR to provide procedures to facilitate the conduct of arbitration fairly, expeditiously, and economically.

    Chartered Institute of Arbitrators

    CIArb is proud to announce the release of a new book, “A Brand-New World: The Evolution and Future of Arbitration.” This collection of essays is the work of 30 members who are either practitioners below the age of 40 or students from US and internationally. The book examines issues such as the future of arbitration, changing technology and disputes arising from shifting natural resources. For information about the Book Launch being held November 19, 2019 please visit the CIArb website.