Category: arbitration
-
FAA or State Arbitration Law?
Which Applies & When? By Leslie King O’Neal The 100-year-old Federal Arbitration Act[i] (“FAA”)[ii] applies to all written agreements to arbitrate disputes involving interstate commerce, which is broadly defined.[iii] But SCOTUS cases interpreting the FAA have created confusion about whether the FAA or state arbitration law applies when there is a transaction involving interstate…
//
-
Effect of “Manifest Disregard of Law”
By Leslie King O’Neal 5th Circuit Holds “Manifest Disregard of Law” Not Basis to Vacate Award Is an arbitrator’s “manifest disregard of law” a basis to vacate an arbitration award? What does “manifest disregard of law” mean? Do all the federal circuits agree on use of “manifest disregard of law?” A recent case from the…
//
-
How Much AI in Arbitration is Too Much?
By Leslie King O’Neal If Arbitrator Uses AI in Drafting Award, Is It Grounds for Vacatur? If an arbitrator uses artificial intelligence to draft an arbitration award, is he or she acting outside the arbitration agreement’s scope, permitting vacatur under FAA §10(a)(4)? This issue was raised in a recently filed petition to vacate arbitration award…
//
-
Practice Tips from Experienced Arbitrators
By Leslie King O’Neal Insights from Experienced Arbitrators How can attorneys be more effective in presenting arbitration cases? At last Friday’s panel at the Miami-Dade Bar’s 2025 “LawCon”[i] four experienced arbitrators, Richard Suarez[ii], Scott Silverman[iii] and John Thornton[iv] and I presented tips from our arbitration experiences. Patricia Thompson[v], another experienced arbitrator, moderated the panel. Plan…
//
-
Getting the “Right Stuff” in Arbitration Agreements
By Leslie King O’Neal “The Right Stuff” in Arbitration Agreements Poor Drafting Costs Time & Money The blog posts from the last two weeks illustrated how poorly drafted arbitration agreements can result in extensive litigation unrelated to the merits of the dispute. These arbitration clauses didn’t help the parties resolve their disputes efficiently and cost-effectively.…
//
-
arbitration arbitration award arbitration clauses arbitration rules Uncategorized vacating arbitration awards
Same Parties, Four Arbitrations, Four Different Awards
By Leslie King O’Neal A Texas-Size Dispute It’s been said everything is bigger in Texas. Covering 268,596 square miles, the Lone Star State is second largest in the U.S. by area.[i] Texas also creates some major disputes, as the recent 5th Circuit decision in Sullivan et al. v. Feldman et al[ii] illustrates. This case…
//
-
Conflicting ADR Clauses: Who Decides Priority?
By Leslie King O’Neal Multiple Contracts on Same Project Parties in construction projects often have multiple contracts related to the same job. What happens when these contracts have conflicting ADR clauses? Who decides which clause takes priority—a judge or an arbitrator? Recent cases from the 4th Circuit and SCOTUS discuss this complex issue. Subcontracts –and…
//
-
The Legends of St. Patrick & Arbitration Discovery
By Leslie King O’Neal In honor of St. Patrick’s Day, a bit about him and his legends (and the legend of arbitration discovery too)! St. Patrick’s Legends Legends abound about St. Patrick, Ireland’s patron saint (who wasn’t born in Ireland). According to one legend, St. Patrick drove the snakes from the Emerald Isle. However, like…
//
Search
Categories
- "good faith" (1)
- "guided choice" mediation (2)
- "settlement privilege" (1)
- ADR (3)
- arbitration (26)
- arbitration award (9)
- arbitration clauses (6)
- arbitration rules (6)
- artificial intelligence (5)
- case management (3)
- confidentiality (4)
- construction law (1)
- discovery in arbitration (2)
- dispute review boards (2)
- diversity (1)
- evidence (1)
- FAA (4)
- FAC (1)
- mediation (17)
- mediation preparation (9)
- mediation statements (2)
- multi-party mediation (4)
- neutral evaluation (2)
- private judge (1)
- privilege (2)
- reconciliation (1)
- Uncategorized (7)
- vacating arbitration awards (8)
- witness statements (4)
Recent Posts
Tags
"manifest disregard of law" AI arbitration arbitration awards arbitration discovery arbitration rules arbitration tips; professionalism artificial intelligence case management confidentiality conflicting clauses dispute review boards drafting arbitration agreements DRB emerging trends evidence FAA high conflict personalities high conflict personality mediation mediation preparation multi-party mediation ombuds personality disorders psychology rule changes standing neutrals vacating arbitration awards virtual reality witness statements