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.     

So you still want judicial review of your arbitration award?

In the wake of the Supreme Court's Hall Street Associates decision rejecting arbitration judicial review, Helena Tavares Erickson, of New York, discusses the option of appellate arbitration.     

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     

CPR's new rule 14 provides parties with interim measures,to be heard by a special arbitrator

Esther Seonmin Lee, of Malibu, Calif., analyzes a rule on interim measures in arbitration that is a part of each of the new sets of CPR Institute domestic and international arbitration rules     

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.     

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     

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.     

Appellate mediation no‐show sanctions help solidify a Florida court program

Sanctions by an appellate court for a mediation conducted under the court's ADR program are part of a line of cases that could help support a statewide appellate mediation program in Florida.     

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.     

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     

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.     

How a judge's overzealousness will help redefine mediation limits

Alternatives editorial board member Jeff Kichaven, of Los Angeles, examines what he notes is the defining California appellate court decision of 2005, Travelers Casualty and Surety Co. v. Superior Court. The judge in the case proposed mediation and designed a system to deal with claims stemming from accusations against the Catholic Church involving sexual abuse. But a state appeals court found that the judge's good idea was coercive. Kichaven discusses why the judge's mistakes likely will benefit mediation over the long term.     

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 ).     

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.     

Judicial Review of Commercial Arbitration Awards North of the 49th Parallel

Unlike the United States, all Canadian provinces and the federal government have adopted legislation implementing the UNCITRAL Model Law on International Commercial Arbitration ( bit.ly/1DbWZiC ) that governs international arbitrations conducted in Canada and the enforcement of international arbitration awards. Principles first enunciated in the 1958 New York Convention ( bit.ly/1n4KXNT ) and amplified in the Model Law that limit judicial intervention and preclude any review of the merits of an arbitral award on matters of either fact or law are therefore applicable and consistently enforced throughout Canada with respect to international arbitrations. The Canadian province of British Columbia was the first jurisdiction anywhere in the world to adopt the Model Law.     

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     

CPR news

Mont P. Hoyt, of Houston, discusses why he believes that CPR's arbitration rules, emphasizing self‐administration, are the best choice for resolving disputes in international energy industry matters. Also, information on this month's CPR Annual Members' Meeting, and more.     

In a big boost for the Federal Arbitration Act,the Supreme Court decides in Preston v. Ferrer that the arbitrator remains supreme

The U.S. Supreme Court hands down the first decision from a 2007‐08 docket that now includes four arbitration cases. Michael E. Johnson and Piret Loone, of New York, who wrote the January preview of the Preston v. Ferrer case, return to analyze the Court's holding that the Federal Arbitration Act preempts a California statute that a state appeals court had said sent a management contract dispute to the state's labor commissioner before the arbitrator.