Georgia Court of Appeals Considers “Conduct-Based Waiver” of the Right to Arbitrate

by Andrew Flake

Clash of the forums: Two parties to a contract, an arbitration clause, and a dispute over the breadth of the clause. When the plaintiff files its complaint in court, intending to move forward with litigation, the defendant counters with a motion to compel arbitration.

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Cards, Cookies, and the Supreme Court’s Coinbase v. Bielski Opinion: Mandatory Stay Now Required on Appeal of Denied Motion to Compel

by Andrew Flake

Summer is beach season, and when my family travels, we'll usually bring a few decks of cards with us. When my children were younger, that meant we played a lot of "War." You know the game --...

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And Enjoy Your New Yacht: Staying True to Course, Eleventh Circuit Reaffirms Limits of “Exceeding Powers” Arbitration Award Vacatur

by Andrew Flake

For a family vacation last week, we spent time in the Caribbean, with its sweeping vistas of sky and ocean, and ships large and small catching trade winds in their sails. Naturally, when I came across a...

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The Availability of an “Exceeding Powers” Challenge to the International Arbitration Award: 11th Circuit to Revisit Longstanding Precedent

 

by Andrew Flake

One of the questions that continues to come up in international arbitrations, where they touch U.S. courts, is how Sections 1 and 2 of the Federal Arbitration Act work together. Generally, Section 1 applies to domestic arbitrations -- ones between...

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58 years is a good run: In ZF-Automotive, the Supreme Court Curtails Discovery Options for International Arbitration

by Andrew Flake

Visiting for a close friend's wedding, I had a chance this weekend to walk around the beautiful mountain community of Black Mountain, North Carolina. There's a little pond there, "Lake Susan," fed by mountain springs, that a...

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Phased ADR Clauses, Redux

by Andrew Flake

Having discussed phased dispute resolution, a process in our contracts that moves from more informal modes of discussion to binding ones, like arbitration, let's add some caveats. These provisions are not off-the-rack suits, to be draped...

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The Halliburton Decision: UK Supreme Court Incorporates International Best Practices for Arbitrator Disclosure

by Andrew Flake

As the use of international arbitration expands, so does the need for consistency in its rules and practices, and confidence in its ability to ensure absolute impartiality. That is so for both advocates and arbitrators. So...

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Supreme Court Grants Cert in Servotronics Dispute; Likely to Resolve Circuit Split On Key International Arbitration Question

by Andrew Flake

On March 22, the Supreme Court granted cert in the ongoing Servotronics litigation, presenting the likely opportunity for the justices to decide an ongoing and important important question for parties to international commercial arbitrations: whether or not...

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Sour Chilean Grapes and Specific Performance of Contracts In International Arbitration

 

[caption id="" align="alignnone" width="774"] A winery investment dispute gives the Eleventh Circuit a chance to validate District Court powers in confirming arbitral awards.[/caption]

 

In the second of two cases considering Latin American arbitration arising under the Panama Convention, the Eleventh Circuit reminds us that arbitrators have the same...

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How Will We Conduct Jury Trials In the Age of COVID-19?

[vc_row][vc_column][vc_column_text] At varying speeds, courts across the country are starting to reactivate trial calendars. This process is substantially easier for bench trials, and a number of them have already been conducted by video. The first one handled by Zoom, a five-week patent infringement trial in the Eastern District of Virginia, proceeded with few hitches. Both...
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