The National Academy of Distinguished Neutrals (“NADN”) recently conducted a survey of litigators titled “The Customer Is Always Right(?)”.  The September 2020 survey asked litigators across the United States about their online dispute resolution (“ODR”) experiences and preferences.  Of the 500 litigators who responded, only two percent of respondents participated in a remote mediation or arbitration via videoconferencing software such as Zoom prior to March 2020.  By September 2020, however, nearly 95 percent of survey…
The United States Supreme Court has reportedly been asked to resolve a circuit split over whether parties to a foreign commercial arbitration proceeding may seek discovery in the United States under 28 U.S.C. § 1782(a).  Under the law, evidence for use before a “foreign or international tribunal” may be obtained via the U.S. federal district courts.  The nation’s federal courts, however, are currently split regarding whether private commercial arbitration tribunals are included in the definition…
Professor Sarah Rudolph Cole, Michael E. Moritz Chair in Alternative Dispute Resolution at The Ohio State University’s Moritz College of Law,  has published “Arbitrator Diversity: Can It Be Achieved?” Washington University Law Review, Vol. 98; Ohio State Legal Studies Research Paper No. 581.  In her journal article, Professor Cole examines various approaches to increasing arbitrator diversity. The abstract states: The 2018 lawsuit Jay-Z brought against the American Arbitration Association (AAA) because the list…
Attorney Paul Bennett Marrow, member of the American Arbitration Association’s Commercial Panel and Domestic Arbitration instructor at New York Law School, Mansi Karol, Director of ADR Service for the Commercial Division at the American Arbitration Association in New York, and Steven Kuyan, Director of Entrepreneurship at New York University’s Tandon School of Engineering and Managing Director of the NYU Tandon Future Labs, have published “Artificial Intelligence and Arbitration: The Computer
Last month, the United States Court of Appeals for the Fifth Circuit held a federal whistleblower statute did not render an arbitration agreement between a man and his former employer unenforceable.  In Robertson v. Intratek Computer, Inc., No. 19-50792 (5th Cir., October 2, 2020), a worker, Robertson, signed an employment contract that included an arbitration agreement as a condition of employment with a company, Intratek. After Robertson was terminated, he filed a whistleblower complaint…
A team from remoteadvocacy.com had the pleasure of presenting “Remote Advocacy: New Lawyering Skills Through the Eyes of a Neutral” at the Center for American and International Law, Institute for Law and Technology, 58th Annual Conference on Intellectual Property Law.  The virtual conference topics may be found on the event website. In their presentation, Karl Bayer, University of Texas School of Law Professor Tracy McCormack, and the Exhibit Company’s Sherrie Wirth discussed: Mediations, arbitrations, motion…
Professor Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution at Pepperdine University’s Caruso School of Law and Associate Dean of the Straus Institute for Dispute Resolution, has published “Arbitration, Mediation and Mixed Modes: Seeking Workable Solutions and Common Ground on Med-Arb, Arb-Med and Settlement-Oriented Activities by Arbitrators,” Harvard Negotiation Law Review, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2020/25.  In his law review article, Professor Stipanowich examines some…
On Friday, the Supreme Court of Texas agreed to hear oral argument following reinstatement of a petition for review regarding whether a non-signatory assignee may be compelled to arbitration following an indemnity dispute.  The facts of the case were discussed in a previous Disputing blog post: In Wagner Oil Co. v. Apache Corp., No. 19-0243, Texas-based Wagner Oil Company (“WOC”) purchased certain Louisiana oil and gas assets from Apache Corporation by executing…
Associate Professor of Law Pamela Bookman, Fordham University School of Law, has published an interesting law review article titled “Arbitral Courts,” Virginia Journal of International Law, Forthcoming.  In her scholarly work, Professor Bookman examines the competing expectations of transparency and confidentiality in what she calls “arbitral courts.” Here is the abstract: In recent years, states from Delaware to Dubai have been establishing something in between courts and arbitration, what this Article calls…
The United States Court of Appeals for the Fifth Circuit has ruled a plaintiff waived his right to arbitration by substantially engaging in litigation.  In Sabatelli v. Baylor Scott & White Health, No. 19-50047 (5th Cir. Oct. 21, 2020), a Scott & White Clinic (“SWC”) employee, Sabatelli, filed a putative class action lawsuit in the Western District of Texas against the Baylor Scott & White Health System after he was asked to resign from…