Category: arbitration rules
-
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…
//
-
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…
//
-
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…
//
-
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…
//
-
-
JAMS Introduces New Rules for AI Disputes
By Leslie King O’Neal AI Disputes Require New Rules Since artificial intelligence (AI) is becoming part of everyday business in the design and construction industry, disputes involving AI issues are likely to become more common also. AI-related disputes often involve experts and complex discovery issues. AI companies are concerned about confidentiality of their processes. Having…
//
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