AI and the Tribunal Secretary
by Andrew Flake
In Kashuo Ishiguru's novel "Klara and the Sun," the eponymous character is an AF, or artificial friend, a sophisticated, artificially-intelligent robot designed to be a companion for human children. Klara is kind, surprisingly observant and intuitive, and even heroic in the ways she communicates...
A Circuit Split Sharpens: Whether Convenience of the U.S. Forum Is Grounds to Refuse Confirmation of an International Arbitration Award
by Andrew Flake
Following last month’s Devas Multimedia v. Antrix decision by the Ninth Circuit, an international arbitration question on which two other circuits have split may be ready for Supreme Court review: Whether, in opposing a petition under the New York Convention to confirm an international...
Arbitral Archaeology: Troy, the FAA, and the Arbitration Clause in Georgia
by Andrew Flake
After a recent family screening of Odysseus -- which, whatever one's view on Christopher Nolan's fidelity to the plot of the epic, was indeed impressive in its sweep, sets, and cinematography -- I was inspired to re-read the classic. And some...
The Dough Is Still Rising: Flowers Foods v. Brock and the FAA’s Worker-in-Interstate-Commerce Exemption
by Andrew Flake
Small confession: I’ve never been served, tasted, or even heard of a “Krimpet.” When I first came across the term this week, it was from, of all places, a May 28 opinion from the United States Supreme Court. The opinion dealt with whether a...
Ordering off the Menu: Georgia Supreme Court Clarifies When Equitable Estoppel Applies to Compel Non-Party to Arbitrate
by Andrew Flake
Arbitration is a creature of contract. The principle is familiar enough to state in a breath: no party is bound to arbitrate a dispute it has not agreed to arbitrate. The harder questions live at the margins — and one of them is when,...
Unwrapped and Unboxed: 3rd Circuit Gives Functional Read to FAA Section 1 “Contracts of Employment
by Andrew Flake
I'll confess to being a gadget person, interested in any new bit of technology or device, whether for home, office, or travel, and my family's stocking stuffer items for me usually reflect that. Last year, it was a pineapple slicing tool, this year, a...
Drafting Arbitration Clauses: Essential Elements
by Andrew Flake
Drafting the arbitration clauses -- the why and the how -- is a fundamental topic worth revisiting. The arbitration clause serves as the gateway to dispute resolution, and its quality determines whether parties can efficiently resolve their disagreements or face costly jurisdictional battles.
Jurisdictional Anchors Aweigh: Supreme Court to Resolve Circuit Split on Post-Badgerow Jurisdictional Question
by Andrew Flake
Just last Friday, the Supreme Court took up review of an arbitration question with enormous implications for where, in state courts or federal district courts, certain applications to confirm arbitration awards will need to be filed.
First, the background. Before a...
Nalco Company, LLC v. Bonday: A Case Study in Standards of Post-Award Review
by Andrew Flake
Courtesy of a new puppy, I possess a large and growing collection of unmatched shoes. Some have laces or tongues gnawed, some have holes chewed in them, some have been spirited away and are missing entirely. By any measure, multiple lost or damaged shoes...
A Coda to Docs of CT: Looking (Way) Back and Ahead at Things to Come
by Andrew Flake
In last's week's post on the Docs of CT, LLC v. Biotek Servs., LLC opinion, we looked at the high bar the Supreme Court set for a party's post-award challenge to an instance of an arbitrator's ex parte communication on a merits topic.