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,...
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.
Georgia Supreme Court Defines “Prejudice” For Purposes of GAA Arbitration-Award Challenges
by Andrew Flake
In a case of first impression, the Georgia Supreme Court has elaborated on the meaning and proof of "prejudice" in challenges to arbitration awards brought under the Georgia Arbitration Act (GAA). challenging arbitration awards.
The arbitration at issue in Docs...
Generative AI in Mediation: Ethical Considerations
by Andrew Flake
The pace of development of GenAI, powered by vast amounts of energy and chips specially configured to support the huge amounts of data they analyze, has been astounding. These technologies are already reshaping the way dispute resolution professionals approach dispute resolution, offering new potential...
Georgia Court of Appeals Takes a Pass on “Functus Officio” as State Common Law
by Andrew Flake
A neighbor of mine, who loves to cook, recently showed me what looked like a small handheld blowtorch. He clicked a trigger, firing up a flame like a tiny jet engine, and proudly sharing that he could now melt and caramelize sugar, in order...
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...
On Appeal of FINRA Arbitration Award, Investors Out of Money and Out of Luck
by Andrew Flake
Especially on appeal, courts are selective about which facts to include in opinions. For reasons both of style and precedential value, they may omit facts, even ones the lawyers might consider crucial.
Control over Time in Business Mediation
by Andrew Flake
When we think about "successful" mediations, it is often about a financial bottom-line: what was demanded; what was paid; what potential jury verdict was avoided. The dollar-recovery can certainly be measured, and the trial exposure, especially...