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...
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...
Assessing and Correcting for Implicit Bias
by Andrew Flake
Especially in recent months, ADR practitioners, as professional problem-solvers who constantly evaluate and decide business and legal questions, have been examining a phenomenon that impacts all of us: implicit bias. We have been thinking about it,...
Location, Location, Location: Forum-Selection in International Litigation
by Andrew Flake
I once spent a week arbitrating a technology dispute in Helsinki, Finland, walking through the city center to our hearing each day in gusting snow. We were there because the parties' contract specified a Finnish seat,...
The Halliburton Decision, Part II: Considering the Contours of Arbitrator Disclosure
by Andrew Flake
In a prior post, we looked at the lead up to the U.K. Supreme Court's Halliburton opinion, an important decision that enters the thicket of disclosure practices, and emerges having cleared an open path....
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...
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...
ICDR 2021: Third-Party Funding Disclosure in Commercial Arbitration
by Andrew Flake
As the market for alternative litigation financing or third-party funding (TPF) of commercial disputes has matured, more parties to commercial disputes are regularly seeking discovery of underlying funding documents. Depending upon the theory...
ICDR’s 2021 Rules Address Compétence-Compétence; Tension with New Restatement Continues
by Andrew Flake
The International Centre for Dispute Resolution (ICDR) has updated its rules for international mediation and arbitration, effective March 1, 2021. Because ICDR has a record of thoughtfully advancing...