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The Arbitration Clause Conundrum: What the Arbitration Clause Requires and What Counsel Want
In Blog Posts onArbitration clauses can be a nuisance. Wait. How can it be if it is the arbitration clause itself that gives…
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The Reasonable Arbitrator
In Blog Posts onThere are many elements that come together to make a good Arbitrator. These include particulars as to knowledge, skill and…
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The Biggest Mistake in Selecting an Arbitrator
In Blog Posts onImagine going to court and being allowed to interview the Judge to be sure he or she is a good…
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Arbitrators Are Not Judges
In Blog Posts onWhen I share with non-lawyers at a cocktail party what I do for a living, their response is often…
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Technology ADR Primer
In Blog Posts onIntroduction: Tech Mediation, US Arbitration and International Arbitration In today’s fast paced global business environment, it is inevitable that…
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Arbitrator Temperament and Arbitrators Who Are Jerks
In Blog Posts onI’ve run across one or two Arbitrators lately who – I can’t say it any other way – are…
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Party Autonomy – Something Litigators Should Love
In Blog Posts onYou know those days when you have to deal with all those arcane pleading, motion practice and discovery rules, wrestle…
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Discovery in Arbitration: If You Want It, Go for It
In Blog Posts onOne of the greatest fears US litigators have regarding arbitration is that they can’t get discovery. It’s a misperception.…
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HBO Shines a Spotlight on Silicon Valley Arbitration
In Blog Posts onSilicon Valley arbitration was the focus of this summer’s Season Two finale of the HBO hit television series Silicon Valley.…
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Efficiently Resolving M&A Disputes
In Blog Posts onPost-closing disputes arise in about 56% of M&A transactions according to a recent study by Shareholder Representative Services (SRS). Nearly…
