Effective September 1, 2022, the American Arbitration Association (AAA) amended its Commercial Arbitration Rules and Mediation Procedures. The amendments 21added two new rules and made changes to a handful of other rules and procedures.1 One of the rules getting a makeover was the Modification of Award Rule, formerly Rule R-50, now Rule R-52. The Modification of … Continued

I. Introduction Under § 16(a) of the Federal Arbitration Act, when a district court denies a motion to compel arbitration, the unsuccessful movant may file an immediate interlocutory appeal. However, until the U.S. Supreme Court’s decision on June 23, 2023 in Coinbase, Inc. v. Bielski, No. 22–105, 599 U.S. __ (2023), the U.S. Courts of Appeal … Continued

An arbitration is typically concluded by the issuance of a final award on the merits. However, in the course of a case, arbitrators may bifurcate the proceedings and issue interim awards to decide separate issues.1 For example, an interim award may be used to issue a merits decision prior to further hearings on damages, or prior … Continued

A highly visible impact of the COVID-19 pandemic on the sphere of sport took place in the Court of Arbitration for Sport (CAS) where employment disputes with athletes included efforts to justify non-performance or early termination of contracts, based on the doctrines of force majeure1 and/or clausula rebus sic stantibus.2 Even though clubs’ reliance on these doctrines in … Continued