Maintaining Confidentiality in Arbitration
We often hear that arbitration affords a level of confidentiality that courtroom proceedings do not. While that is true to an extent, it requires some qualification: It is the parties who must, by agreement or request to...
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...
How Will We Conduct Jury Trials In the Age of COVID-19?
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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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Revising Our Assumptions About People — A Review of “Talking to Strangers”
[vc_row][vc_column][vc_column_text]“Talking to Strangers” is a social psychology study of how we make the wrong assumptions about people. Its principal caution is that “strangers are not easy.” Citing studies that show quick we are to make snap judgments about others , using rules that we would not apply to ourselves, Gladwell walks through three major...
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When Venue is Worth Fighting Over: Behind The Supreme Court Decision That Nonsignatories Can Enforce Arbitration Agreements
by Andrew Flake
The Supreme Court’s June 1 decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC clarifies that if state law permits, nothing in the New York Convention prevents a non-signatory to an arbitration agreement from to force arbitration under an estoppel theory. While it is a...When Does A Video Feed Make Sense for Trial or Evidentiary Hearing?
[vc_row][vc_column][vc_column_text]While the use of live video testimony in court and especially arbitration is not new, its new frequency in venues across the globe will be. I spoke this morning with a colleague practicing law in Costa Rica, who mentioned a video testimony procedure being used at one of their arbitration centers. Witnesses are present...
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Timing in Trial Can Be Everything: Lessons from the Jefferson Davis Prosecution
[vc_row][vc_column][vc_column_text]I just finished reading Cynthia Nicoletti’s “Secession on Trial,” a meticulously researched account of how the United States attempted to convict Confederate ex-president Jefferson Davis for treason. Arrested in May 1865, he was indicted in 1866, but no trial ever occurred. After years of being subject to maneuvering and postponement...
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