The UNIDROIT Principles of International Commercial Contracts (UPICC),1 a private codification of international rules of law drawing from legal traditions and political systems around the globe, represents a decades-long effort to articulate a consensus rule or, in some instances, a compromise or better rule approach to issues that arise in commercial disputes. UPICC has been the … Continued

As someone who has worked in the online dispute resolution (ODR) field for more than two decades, I can’t count the number of times someone has asked me if I was working on the creation of a robot mediator or arbitrator. Ninety-nine percent of my time in ODR has focused on how to use technology … Continued

Introduction What are the ethical considerations for a mediator when a neutral is asked to be both the mediator and arbitrator on the same case? Some parties and their lawyers opt to select one neutral to serve as both the mediator and arbitrator on the same case, believing it will be a more efficient and cost-effective … Continued

The declaration of a worldwide pandemic in 2020 led to many terrible events and extraordinary changes. The world of alternative dispute resolution shifted on its axis, adapting by adopting new approaches and technologies to processes geared to helping disputants resolve issues and get back to business. The changes made in the face of necessity would … Continued

It has truly been an honor to serve as Chair of the Dispute Resolution Section since June of last year. I continue to be amazed by the number and quality of the programs our Section has run. And this success comes from the extraordinary dedication, commitment, and intellect of so many in our Section. I … Continued

An arbitration award rendered in Nigeria was partially annulled by a Nigerian Court. The district court, applying applicable Second Circuit precedent, declined to enforce the award, including that portion of the award which was enforced by the Nigerian court. The Second Circuit reversed that part of the district court’s ruling which failed to enforce what … Continued

Smarter Tools Inc. v. Chongqing Senci Import & Export Trade Co., Ltd. (2d Cir. No. 21-724, January 17, 2023) The doctrine of functus officio has frustrated many for years, as it may prevent an arbitrator from correcting a mistake in a final award even though the arbitrator recognizes the mistake. In mid-January 2023, the US Court of … Continued

Disputes and Differences is a collection of essays by Derek Roebuck, edited for publication posthumously by Susanna Hoe. It reflects two topics Derek Roebuck was so fascinated by: the history of arbitration and the continued relevance of that history today. This important collection adds to our understanding through articles and lectures; some reprinted here and some … Continued

Efforts have been made within the arbitration community over the last several years to convince arbitrators that basic competence in technology, including an awareness of information security,1 is not only important to the credibility of arbitration as a system, but also an ethical and professional obligation.2 The global pandemic heightened and accelerated attention to this issue. Today, … Continued

On May 23, 2022, the United States Supreme Court decided the case of Morgan v. Sundance, Inc.1 In Morgan, the plaintiff argued that the defendant had waived its ability to demand arbitration. In deciding the issue, the U.S. Court of Appeals for the Eighth Circuit looked to whether the plaintiff was prejudiced by defendant’s actions. The Supreme Court, … Continued