2023: The Arrival of Hands-On AI
by Andrew Flake
You may have read that, at the close of the year, artificial intelligence (AI) hit the mainstream. Open AI released a tool, ChatGPT, with some remarkable capabilities. Among other things, it can generate poetry, essays,...
Utilizing the Special Master
by Andrew Flake
We've read recently, in the highly-charged political context of a dispute between the national records administration and the former president, of the role a special master has played. Because how the court-appointed experts fit into litigation is...
“Flora-Bama,” “Floribama,” and a Comparative Look at ADR
by Andrew Flake
You read certain appellate opinions and just know they were fun to write, and so it is with a trademark dispute, simmering over the past five years, involving a famous bar and an MTV reality television series...
Early Dispute Resolution (EDR): A Recipe for Success in Commercial Mediation
by Andrew Flake
When it comes to our favorite dishes, while we may not ourselves be chefs, most of us can at least name the key ingredients. A great sirloin is cut just so, perhaps seasoned with salt and pepper...
An Idea Whose Time Has Come? Considering the Role of Settlement Counsel
by Andrew Flake
Invited to an extended family reunion, I visited one of our state parks a few weekends ago. It was a cool and beautiful morning, and for a moment, standing under a bright blue fall sky, taking in the...
Under New York Convention, Separate Service of Summons not Required to Confirm Award
by Andrew Flake
Certain cases can be useful because of their technical guidance; they address nuts-and-bolts issues. In the international arbitration realm, one of those issues is the process of taking an arbitration award and getting it confirmed, or converted...
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...
“Never Put Off Until Tomorrow…” The Importance of the Signed Mediation Agreement
by Andrew Flake
I spent a full day recently in virtual mediation. The case was a challenging IP dispute, one with a contentious and emotional history behind it, and even when schedules demanded concluding the full session, counsel and I...
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 local told me...
AAA’s 2022 Arbitration Rule Revisions: Upgrades to the ADR Operating System
by Andrew Flake
Apple held its annual product launch this week, announcing a new iPhone and other updated products with the company's usual marketing panache. Less heralded, though perhaps more relevant to those of us in the...