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Posts
Arbitration
- Notes from Berlin: U.S. Hospitality in International Arbitration
- Georgia Court of Appeals Takes a Pass on “Functus Officio” as State Common Law
- No Sovereign Immunity in Nigerian Trade Zone Dispute; D.C. Circuit Affirms New York Convention Applies to Broad Range of Investor-State Arbitral Awards
- Another Lock Sealed: Second Circuit Applies ZF Automotive to Foreclose Section 1782 Discovery in ICSID Arbitration
- Georgia Court of Appeals Considers “Conduct-Based Waiver” of the Right to Arbitrate
- Sixth Circuit Revisits “Closely Related” Doctrine in Forum Selection Disputes
- Card Not Valid: Badgerow and Post-Award FAA Jurisdiction
- The Forest and the Trees: Drafting The Optimal Arbitration Clause
- Management and Process in the Mass Arbitration: From Concepcion and Beyond
- Cards, Cookies, and the Supreme Court’s Coinbase v. Bielski Opinion: Mandatory Stay Now Required on Appeal of Denied Motion to Compel
- Arbitration Roundup: Independence Day Edition
- And Enjoy Your New Yacht: Staying True to Course, Eleventh Circuit Reaffirms Limits of “Exceeding Powers” Arbitration Award Vacatur
- Is Arbitration “Just Like” Litigation? Some Challenges to Conventional Wisdom
- “Flora-Bama,” “Floribama,” and a Comparative Look at ADR
- Under New York Convention, Separate Service of Summons not Required to Confirm Award
- The Availability of an “Exceeding Powers” Challenge to the International Arbitration Award: 11th Circuit to Revisit Longstanding Precedent
- 58 years is a good run: In ZF-Automotive, the Supreme Court Curtails Discovery Options for International Arbitration
- AAA’s 2022 Arbitration Rule Revisions: Upgrades to the ADR Operating System
- On Appeal of FINRA Arbitration Award, Investors Out of Money and Out of Luck
- Poker, Peru, and Promptness in International Arbitration Challenges
- Healthcare and Arbitration: Facility Admission Agreements and the Regulation of ADR
- Arbitration Clauses: Reconsidering the “Equitable” Relief Carveout
- Supreme Court Roundup: A Slight Course Correction for the S.S. FAA?
- Mining for Bitcoin or Mining for Iron? Blockchain Applications in Arbitration
- Arbitration Update: Another Effort to Exorcise “Manifest Disregard”
- ADR in the New Year: Seven Hopes, and A Partridge in a Pear Tree
- Leapfrog Petition Granted: Key International Arbitration Question Back on for Supreme Court Decision
- Hot Cocoa Conversation: A Servotronics Update
- Post-Award Filings in Arbitration: Eleventh Circuit Considers Timing Question of First Impression
- What Would Oliver Cromwell Do? My GAR Live Discussion on Challenging the Arbitrator
- Assessing and Correcting for Implicit Bias
- “And If You Didn’t Hear Us the Last Time”: More Emphasis on Arbitral Award Finality
- Location, Location, Location: Forum-Selection in International Litigation
- Phased ADR Clauses, Redux
- Delivering a Compelling Closing in the Complex Business Dispute
- The Halliburton Decision, Part II: Considering the Contours of Arbitrator Disclosure
- Dotting the i’s (and Sealing the Envelope) In Arbitration-Award Challenges
- The Halliburton Decision: UK Supreme Court Incorporates International Best Practices for Arbitrator Disclosure
- ICDR 2021: The Role of the Tribunal Secretary
- Supreme Court Grants Cert in Servotronics Dispute; Likely to Resolve Circuit Split On Key International Arbitration Question
- ICDR 2021: Third-Party Funding Disclosure in Commercial Arbitration
- Sweeping for Mines: The Injunctive Relief Carve-out in Arbitration
- “Absolutely Incensed”: A Foreign Law Twist on Equitable Estoppel in Arbitration
- When Does Documents-Only Arbitration Make Sense?
- Repeat Player Bias in Arbitration: Snuffleupagus or Yeti?
- Second Circuit Reaffirms Its View on Section 1782 and Private International Arbitration
- Maintaining Confidentiality in Arbitration
- Sour Chilean Grapes and Specific Performance of Contracts In International Arbitration
- When Venue is Worth Fighting Over: Behind The Supreme Court Decision That Nonsignatories Can Enforce Arbitration Agreements
Business
- The View from Overhead: Garage Doors, Trademark, and Crafting Our Settlements, Part II
- The Best Time to Plant A Tree: Litigation Prevention and the Contract
- 2023: The Arrival of Hands-On AI
- “Never Put Off Until Tomorrow…” The Importance of the Signed Mediation Agreement
- How the (Chocolate) Gets Made: The Georgia Supreme Court’s “Edible Arrangements” Opinion
- The Cognitive Coffee Cup: Opening Argument in the Complex Commercial Trial
- If Honeybees Could Mediate: Benefits of Phased Dispute Resolution
- ROSS-Westlaw Copyright Feud: Approaches to Litigation Cost Management
Case Management
- Generative AI and the Promise of Wider Online Dispute Resolution
- More Than One Way to Loosen the Knot: The Power of Options in Mediation
- Moving the Conversation Forward: Early Mediation and EDR
- The Hourglass and the Ocean: Making Time for Resolution
- Changing the House Odds: Certainty and the Mediation Process
- Stops along the Way: When the Mediation Discussion Makes Sense
- Abogados and Avocados: Section 1782 Nets Early Access to Corporate Records in Mexican Litigation
- 11th Circuit Uses Trademark Case to Instruct on Summary Judgment Practice
- Chat GPT and Litigation Technology, Reprised
- Utilizing the Special Master
- Early Dispute Resolution (EDR): A Recipe for Success in Commercial Mediation
- An Idea Whose Time Has Come? Considering the Role of Settlement Counsel
- The Emergence of Required Third-Party Funding Disclosure
- Second Circuit: No Inherent Limit on Using Section 1782 Discovery Elsewhere
- What We Can Learn from the First All-Virtual Patent Jury Trial
- 11th Circuit Weights in on “Administrative Feasibility” as a Class Certification Requirement
Cross-Border Disputes
- A Foreign Litigant’s Multi-Tool: The ever-ready 28 U.S.C. Section 1782
- ICDR’s 2021 Rules Address Compétence-Compétence; Tension with New Restatement Continues
Featured
Georgia law
Law
Litigation
- Safely Navigating Blind Spots in Litigation: Using Powerful Questions
- The View from Overhead: Garage Doors, Trademark, and Crafting Our Settlements, Part I
- Alohomora! Unlocking the Secrets of Successful Mediation
- A Utility Player at Trial: The Humble Inference
- Appellate Advocacy in the Zoom Era
- Federal Court Hearings and Chill? Applause for More Live Streaming
- How COVID-Era Technology is Driving Down the Litigation Cost Curve
- The Power of Theme: Epic Games Takes Aim at Apple
Mediation
- The Lawyer’s Creed and Successful Mediation: Some Holiday Reflections
- Making the Most of Our Online Mediations
- Groundhog Day Edition: Considering the Mediation Privilege
- Mediation and the Psychology of Money, Part II
- Human Nature and Mediation: A Focused Review of “The Psychology of Money”
- Mediation Principles for our National Conversation
- Phoning It In: Telephonic Mediation in a Virtual World
- Uniform Mediation Act Still Trekking Through the States
- A Promising Future for the Singapore Convention and Global Mediation
Negotiation
Resolution
Social science
Technology
- When Tech Meets Tact: Envisioning the Mediation of the Future
- Virtual Patent Trial Underway in Southern District of New York
- When Does A Video Feed Make Sense for Trial or Evidentiary Hearing?
Trial