The First Circuit holds that the preclusive effect should be decided by the initial arbitrator.
The objectivity of arbitration might be in conflict with an old case.
Who decides arbitrability—the arbitrator or the court?
By Sheila J. Carpenter
Recusals may be easier to obtain in arbitration than in a courtroom, but judicial assistance in removing an arbitrator is rare. Recently, two courts have taken that unusual step.
By Monique Sasson
The First Circuit shines a guiding light on whether the preclusive effect of a prior arbitration is arbitrable. It is, including in circumstances where the first award has been confirmed by a federal court order.
By Clarence Westbrook
In a case of first impression, the Sixth Circuit determined that the parties' omission of the arbitration clause from the survival clause did not constitute a "clear implication" or "positive assurance" that the parties intended the arbitration clause to have no post-termination effect.
Hear law professor and author John Lande outline the advantages of working closely with opposing counsel—before and during a trial. Despite attorney fears of appearing weak this type of strategy often serves both the attorneys and their clients. (11:28 min) Save 20% when you purchase the book!
Eric English and Paul Genender describe the use of settlement counsel during trials. Although they are not always needed, hiring settlement counsel can make life easier for the trial counsel and may help your client achieve their desired outcome. (11:28 min)
The ABA Section of Dispute Resolution’s Webinar “The Decline of the Joint Session in Mediation: Are Mediators or Advocates at Fault?” is now open.