Strategies for achieving an arbitration advantage require early analysis,pre‐hearing strategies,and awards scrutiny

Setting a framework for resolving a dispute in arbitration is essential to make the process work. Kevin R. Casey and Marissa Parker, of Philadelphia, take a hard look at arbitration practice, and provide tips for your ADR game plan and for advising your client on getting to a successful resolution.     

Fast ping‐pong arbitration for input–output queued packet switches

Input–output queued switches have been widely considered as the most feasible solution for large capacity packet switches and IP routers. In this paper, we propose a ping‐pong arbitration scheme (PPA) for output contention resolution in input–output queued switches. The challenge is to develop a high speed and cost‐effective arbitration scheme in order to maximize the switch throughput and delay performance for supporting multimedia services with various quality‐of‐service (QoS) requirements. The basic idea is to divide the inputs into groups and apply arbitration recursively. Our recursive arbiter is hierarchically structured, consisting of multiple small‐size arbiters at each layer. The arbitration time of an n‐input switch is proportional to log₄?n/2? when we group every two inputs or every two input groups at each layer. We present a 256×256 terabit crossbar multicast packet switch using the PPA. The design shows that our scheme can reduce the arbitration time of the 256×256 switch to 11 gates delay, demonstrating the arbitration is no longer the bottleneck limiting the switch capacity. The priority handling in arbitration is also addressed. Copyright © 2001 John Wiley & Sons, Ltd.     

It's more than just ‘med arb’: The case for ‘transitional arbitration’

Converting to mediation from arbitration gives most people the willies, even when it's not a new experience. Gerald F. Phillips, of Los Angeles, describes how he embraces his mediator's role in “transitional arbitration,” and how combined processes can work.     

When the neutral's dilemma hits: Routine problems,and the not-so-routine repercussions,of common arbitration conflicts

Routine arbitration matters breed potential conflicts for every arbitrator. In the second of two articles, Judith P. Meyer, of Haverford, Pa., presents scenarios that illustrate ethical situations. They provide guidance not only for neutrals, but also for parties dealing with arbitration processes and the problems that arise     

Examining the Elusiveness of Finality in Arbitration,and the New Avenues of Appeal

In Part 1 of 2, ADR attorney‐neutral Roger Jacobs provides background on the development of arbitration appellate practices that led to rules by leading conflict resolutions organizations. Next month, he will conclude his analysis with the issues that practitioners need to focus on in considering the applicability of using arbitration appeals from the drafting stage through the appellate award.     

Rule proposal: It's time to provide parties a limited opportunity to seek a rehearing on reasoned arbitration awards

In the second of two parts, James M. Gaitis, of Tucson, Ariz., proposes a rule that would clarify the ability of arbitration parties to correct errors in awards efficiently     

As judicial tolerance for appeals wanes,litigants are risking sanctions when seeking to vacate awards

Federal courts aren't hesitating in sanctioning parties who challenge arbitration awards when the moves are rooted in delay or dissatisfaction. Marisa Marinelli and Christelette Hoey, of New York, explain     

Surveying the split: More theories on confirming awards where there are or appear to be more than one claim or issue

More on awards' finality: In the conclusion of his two‐part article, Stuart M. Widman, of Chicago, discusses more grounds on which interim arbitration awards may be confirmed by a court     

Summer class actions: U.S. and California Supreme Courts revisit arbitrability issues

Julia B. Strickland, Scott M. Pearson and Stephen J. Newman, of Los Angeles, review two summer arbitration rulings, one of which puts arbitrability back in front of the U.S. Supreme Court this fall.     

Court is not the answer for securities arbitration disputes

Robert A. de By and Amy L. Rudd, of London, analyze where this summer's Congressional criticisms of securities arbitration fall short, and propose reforms for an SRO regulatory system many view as broken.     

A comparison of selected domestic arbitration rules

Alternatives provides another rules comparison table, focusing on last year's revisions to the CPR Institute, American Arbitration Association, and JAMS domestic arbitration rules.     

Looking back,and ahead: The Panama Convention after 30 years

The pullout feature returns with history and future practice surrounding the Panama Convention. Helena Tavares Erickson, Preeti Gupta and Philip Sutter, of New York, provide tips for corporate counsel facing actions under the controlling arbitration treaty for U.S. companies doing business in Latin America.     

Eliminating unconscionability in assessing mandatory clauses by deploying the ‘vantage point of public policy’

Paul Bennett Marrow, of Chappaqua, N.Y., describes why analyzing arbitration clauses with an unconscionability standard doesn't provide useful precedent, and why courts should look to public policy in reviewing contract terms.     

Med‐Arb Agreements since Thione: A Practice Update

In 2008, we published an article exploring the potential for federal courts to conclude that mediation and arbitration, or med‐arb, agreements did not qualify as “arbitration” under the Federal Arbitration Act. 9 U.S.C. § 2 (2011). See David J. McLean & Sean‐Patrick Wilson, “Compelling Mediation in the Context Med‐Arb Agreements,” 63 Dispute Resolution Journal 28 (2008)(available at http://ow.ly/Q8Oob ).     

How serious is Congress about eliminating mandatory arbitration?

More on Congress's activities on mandatory arbitration in securities and consumer claims, by Carol Bahan, of New York, as well as the continuing California state court examination of the limits on mediation confidentiality. Also: details on a new international neutrals' list for the energy industry.     

When it's over before it's completed: The finality of interim awards

How final is final? In the first of two parts, Stuart M. Widman, of Chicago, examines the state of the law on when and why arbitration awards are considered final and, therefore, when they may be confirmed by a court.     

Non‐negotiable mandatory arbitration clauses: From the perspective of the drafting party

Paul Bennett Marrow, of Chappaqua, N.Y., looks deep into the business need for mandatory arbitration. He discusses cases, drafting issues, and philosophy in the realm of unconscionability, using the credit card industry's mandatory programs that address customer disputes     

Compared and Contrasted: Skepticism and Promise in the Major Providers' Appellate Arbitration Procedures

In Part I last month, ADR attorney‐neutral Roger Jacobs discussed the development of arbitration appellate practices and laid out provider rules. He concludes his two‐part article here with analysis, commentary, and practice application.     

Follow‐up: An analysis of the U.S.‐Uruguay bilateral investment treaty,the new model's first application

Mark Kantor, of Washington, D.C., follows up on his Alternatives' analysis last year of the new arbitration‐centric U.S. draft revised model bilateral investment treaty. The first fully negotiated treaty since the model was released has been signed with Uruguay, and changes some of the model's application.     

Employment class arbitration: An oxymoron? Or a matter of contract?

To what extent will courts send employment arbitration cases for class or collective actions? According to Jay W. Waks and William Poorten, of New York, waiving class action arbitrations doesn't impair claimants' substantive rights, and contractual silence means no class actions. The authors analyze the latest case law supporting their positions.