By George H. Friedman* Chairman of the Board, Arbitration Resolution Services The other day I was researching the split in the federal Circuits on whether Federal Arbitration Act(“FAA”) section 7 empowers Arbitrators to compel third-parties to produce documents outside the formal evidentiary arbitration hearing.[1]It occurred to me that, based on a strict, literal reading of…
I should Win every case I present because the narrative offered and the Evidence submitted will prove the ‘correctness’ of my position! Every Writer of Contentions for Arbitration cases no doubt has that belief. At the same time…if you’ve spent any time as an actual Arbitrator or case presenter you know some cases are simply…
By George H. Friedman, Chairman of the Board of Directors of Arbitration Resolution Services* When I entered the dispute resolution field back in 1976, I was compelled as part of my orientation to watch a film about arbitration (yes, film; there was no consumer video back then, let alone DVDs or on-demand video streaming). It…
By George H. Friedman* Chairman of the Board, Arbitration Resolution Services We have blogged in the past about enforcing domestic arbitration awards. The key takeaway? Prior to passage of the Federal Arbitration Act(“FAA”)[1]in 1925, enforcing predispute arbitration agreements and arbitration awards was very difficult.[2]The FAA abrogated the existing law and made written promises to arbitrate…
We know that Arbitrators truly endorse Demonstrative Proofs; some surveys say 87% of them believe it aids them in arriving at the appropriate Award. So when it comes to Scene Diagrams; theory tells us absolutely an advocate should include them if they fit the fact pattern of the loss. Practice tells us that’s fine, but…