ADR Articles
Subpoenas and Summonses in Arbitration - New Article
Subpoenas and summonses in arbitration can be tricky. Arbitrators have power to require non-parties to give evidence in your dispute, but the power is limited and must be enforced by courts. Here is a roadmap on how to approach the issue.
A Reminder on “Exceeding Powers”
It’s usually hard to vacate an arbitration award. But if the arbitrator exceeded the authority the parties agreed on, it gets much easier.
Fraud Vacates an Award: Eletson v. Levona
It’s hard to vacate an arbitration award based on fraud. But cheating during the discovery process can lead to vacatur.
When “No Appeal” Doesn’t Mean No Appeal: Lanesborough, the FAA, and What You Can (and Cannot) Waive
Can you waive review of arbitration awards? Appeal? Let’s see.
Congress opened the courthouse door, but how far? Cases, claims and the ending forced arbitration of sexual harassment and assault claims act
A plaintiff can elect to invalidate an arbitration clause when claiming sexual harassment or assault. But is the door open to the whole case or just the claim?
Don’t’ like the game? Sue the referee. How’s that working?
Sometimes folks are upset with arbitration. So, they sue the arbitrator, arbitration provider, of both. Let’s look at how that works out for them.
Commercial Arbitration in the Federal Courts: Cases That Matter
Arbitration law isn’t all about consumer and employment cases. These are leading cases that control commercial arbitration.
When Federal Rules Change Arbitration May Feel the Change, Too
New Federal rules changes for subpoenas, privilege logs, and AI generate evidence are likely to influence arbitration, too.
The UK Tweaked Its Arbitration Statute – Should the US?
The UK has revised its arbitration act. Should the U.S.? Can it?
You probably clicked “I agree” — but did you really?
Big companies seem to love online arbitration clauses, but courts (and providers) don’t always love them
Best Lawyers names David Allgeyer Minneapolis Arbitration Lawyer of the Year
Best Lawyers names Allgeyer Minneapolis Lawyer of the Year in Arbitration
AI at the Hearing: Keeping It Real
The National Center for State Court has issued help for judges in dealing with AI - both acknowledged and unacknowledged. This can also help arbitrators.
An Arbitration Clause Mind Experiment - When More is Less
Trying to use arbitration clauses to limit claims might cause even more problems.
Disregarding Manifest Disregard—Yet Again
The Fifth Circuit disregards manifest disregard as a way to vacate an arbitration award - even if it’s dressed up as lack of authority.
The College of Commercial Arbitrators Supports the Rule of Law
The College of Commercial Arbitrators Supports the Rule of Law
SVAMC Announces 2025 Tech List Featuring World's Leading Technology Dispute Resolution Experts
The Silicon Valley Arbitration and Mediation Center announces its 2025 Tech List of leading technology neutrals.
Silicon Valley Arbitration and Mediation Center (SVAMC) Celebrates 10 Years of Innovation in ADR for the Technology Sector
Silicon Valley Arbitration and Mediation Center celebrates 10 years
Wait! What Law? What Rules?
Determining what arbitration act and law applies in the arbitration can be a problem if you don’t address the issue in your arbitration clause.
SVAMC Issues Guidelines on Use of AI in Arbitration
SVAMC finalizes its Guidelines for Use of AI in Arbitration
Breaking News: SVAMC 2024 Tech List Just Announced
Press release: SVAMC announces 2024 Tech List of Neutrals