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News & Developments »

Arbitration Agreement Incorporated by Reference and Not Waived by Sub's Acts

Can a separate document referenced in a contract could create an enforceable arbitration agreement?

District Court Confirms Award Despite Lack of Express Consent Provision

This case illustrates the importance of including in arbitration clauses the language that could be required for enforcement of the award.

Federal Circuit: Magistrate Judge Violated Duty to Disclose

Despite the mediator's failure to meet his disclosure obligations, the final judgment was allowed to stand.

Articles »

Arbitrating Arbitrability with Nonsignatories

By Tom Alan Cunningham

Who decides arbitration's gateway questions when a party to the arbitration is not a party to the contract?

Arbitration Panels May Limit Discovery and Evidence

By Sheila J. Carpenter

Three U.S. Courts of Appeals issued decisions shedding light on the boundaries arbitrators face when balancing the goals of fair hearings with resolutions in ways that are quicker and less expensive than litigation.

Sign On the Dotted Line!

By Hon. Nancy Holtz

The New Jersey Supreme Court creates a new rule mandating that an agreement reached at mediation must be in writing to be enforceable.

Sound Advice »

audio Lawyering with Planned Early Negotiations

By John Lande

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!

audio Settlement Counsel—It Just Makes Sense

By Eric O. English and Paul Genender

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)

Announcements »

New AAA Supplementary Construction Rules

The American Arbitration Association (AAA) has inaugurated a new set of supplementary rules (effective June 15, 2014) that enable parties to predict the time and cost of their construction arbitration. Read more.

SEC Approves Amendments to FINRA Codes of Arbitration Procedure

The changes provide that any document that a party files with FINRA that contains an individual's SSN, taxpayer-identification number, or financial-account number must be redacted to include only the last four digits of any of these numbers. Read more.

FINRA Releases April 2014 Statistics

The Federal Industry Regulatory Authority (FINRA) has recently released statistics about its past and present case load. Read more.


Alternative Dispute Resolution Leadership

Cochairs Web Editors Newsletter Editors
Bruce Rubin

Portland, OR

Carlos Rodriguez Vidal

San Juan, Puerto Rico

Mitchell L. Marinello

Chicago, IL

Christopher S. Moore

Chicago, IL

P. Jean Baker

Washington, D.C.