How the (Chocolate) Gets Made: The Georgia Supreme Court’s “Edible Arrangements” Opinion
by Andrew Flake
As often as we hear about mediation and its benefits, and they are many, are there disputes that need to be decided in court, whether by judge or jury? Absolutely.
At a...
Groundhog Day Edition: Considering the Mediation Privilege
by Andrew Flake
When that oddest of special occasions rolled around this year, our U.S. Groundhog Day, I decided to incorporate the festivities into a post. What are some of the recurring issues are in mediation, things that...
Arbitration Update: Another Effort to Exorcise “Manifest Disregard”
by Andrew Flake
One of the classic conventions of the scary movie is a villain or monster's "last gasp," a frightening reappearance after what should have been an antagonist's definitive end. In the arbitration context, we have such...
Two Chief Justices, and Why Institutional Independence Matters
by Andrew Flake
Every year, Chief Justice John Roberts prepares a report on the state of the judiciary, frequently with interesting reference to American history. This year, his thematic focus was judicial independence, a topic for which he selected former U.S. President and...
ADR in the New Year: Seven Hopes, and A Partridge in a Pear Tree
by Andrew Flake
A busy lawyer friend grumbled to me recently, with just a hint of bah-humbug, that he hadn't had nearly enough time to answer all of his holiday mail and take down holiday decorations yet, much less...
Leapfrog Petition Granted: Key International Arbitration Question Back on for Supreme Court Decision
by Andrew Flake
Mere days after our last TAOR blog published, wistfully reviewing the dismissal of the Servotronics case, the Supreme Court has decided to take the question up again, this time in a new case involving a subsidiary...
Hot Cocoa Conversation: A Servotronics Update
by Andrew Flake
With the advent of the holiday season come festivities and family events. Inevitably, as you're contentedly sipping spiced eggnog or hot cocoa, also comes the question from your Uncle Milton: "So what is the deal? Can I...
Post-Award Filings in Arbitration: Eleventh Circuit Considers Timing Question of First Impression
by Andrew Flake
When an arbitration award comes down, if the winning party moves first to confirm it, the challenging party needs to respond directly, rather than simply moving to vacate. In an Eleventh Circuit case of first impression,...
A Foreign Litigant’s Multi-Tool: The ever-ready 28 U.S.C. Section 1782
by Andrew Flake
As someone who likes to be prepared, and who also appreciates a good gadget, I've always felt more comfortable knowing I have, stored away in some drawer somewhere, a sturdy Swiss-army knife. More recently, i"ve replaced it...
What Would Oliver Cromwell Do? My GAR Live Discussion on Challenging the Arbitrator
by Andrew Flake
I recently had a chance to serve, with some very distinguished colleagues, on a GAR Live panel. Along with our audience at the 10th Annual AtlAS conference, we assessed and discussed some intriguing scenarios...