Two U.S.-based arbitral institutions and two international institutions recently released global caseload data from 2023. The American Arbitration Association–International Centre for Dispute Resolution (AAA-ICDR) experienced...more
Every day, U.S. companies experience a collateral effect of the increasing number of international arbitrations. Parties to these arbitrations are using 28 U.S.C. § 1782 to issue discovery subpoenas to U.S. companies, seeking...more
Can an arbitrator require an arbitrating party to post collateral prior to a hearing on the merits of the substantive claim(s) as security with respect to payment of a possible final award against that party? And can such an...more
It is generally accepted that an international arbitration award is final and binding. Unlike a court judgment that can be appealed for factual and legal review, an arbitration award typically can only be challenged based on...more
Many people believe that appointing an arbitrator is the most critical decision during an arbitration. In the “typical” two-party arbitration, this objective is easily met either by choosing rules that provide for direct...more