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...
The Mediation Mindset: Reflections on the Fourth of July
by Andrew Flake
Every year in Atlanta on the Fourth of July, runners, walkers, spectators and friends show up for the Peachtree Road Race. The race is a 10K run that winds through the city's Midtown district and ends up in Piedmont Park, with lots of...
Generative Artificial Intelligence (GenAI) in Arbitration: Technology and First Principles
by Andrew Flake
Last week I attended an excellent conference, a gathering of AAA-IDCR arbitrators from across the country, and much of our discussion was AI-focused. And for good reason: the integration of generative artificial intelligence (GenAI) into arbitration, by both arbitrators and advocates, represents more...
Applying Third-Party Beneficiary Exception, 11th Circuit Affirms International Manufacturing Dispute Should Be Arbitrated
by Andrew Flake
For all of its many advantages, arbitration, we might say, is not for everyone -- and in particular, not for those who have not agreed by contract to be there. This is the fundamental principle that arbitration is a creature of contract, that arbitration...
Fourth Circuit Considers Arbitration Waiver, Permitting Claims under Servicemembers Civil Relief Act (SCRA) to be Arbitrated
by Andrew Flake
A new Fourth Circuit opinion reminds us of the analysis required when parties arguing that federal statutory claims should be excluded from arbitration. In Espin v. Citibank, N.A., returning military personnel brought claims under the Servicemembers Civil Relief Act (SCRA), a statute providing credit-related...
The Perils of Proceeding with Unilateral Arbitration: Eleventh Circuit Affirms Vacatur of $3.5 Million Award on Appointment-Related Grounds
by Andrew Flake
Party autonomy in arbitration extends, as a foundational principle, from the beginning to the end of the arbitration process. We have the arbitration clause that gives rise to the arbitration, and we have the tribunal’s award, limned by exactly what the parties have agreed...
Dealing with Impediments to Settlement: The Challenging Concept of “Fairness”
by Andrew Flake
In a well-known psychology experiment, each member of a group receives some amount of money, say $100, that they can keep on the following condition: They must offer some amount, from $1 to $100, to a partner, and the partner receiving the offer must...
Looking forward, looking back: A 2024 Arbitration Roundup
by Andrew Flake
With a 100th birthday coming up for the Federal Arbitration Act, 2025 promises to be eventful year in the arbitration world! But 2024 held its own, and having just crested the New Year, we should pause to look back at a handful of key...
The Spirit of Camp David: Mediation Lessons from a Former President
by Andrew Flake
Remembering President Jimmy Carter on this national day of mourning, my thoughts turn to the historical achievement of the 1978 Camp David Accords. For nearly two weeks at Maryland's Camp David, President Carter, Egypt's President Anwar Sadat, and Israel's Prime Minister Menachem Begin,...