Barbara A. Reeves | JAMS Unlike a jury, an arbitrator is rarely seeing anything for the first time. That changes everything. Experienced arbitrators have heard hundreds of experts—they recognize the theater, they spot the evasions, and they dislike witnesses who sacrifice credibility for advocacy. The qualities that make an expert effective before an arbitrator are… Continue reading What Arbitrators Actually Think About Your Expert
Tag: arbitration
Why Arbitration Works: Structure, Flexibility, and Expertise
Kendal Enz | American Arbitration Association Arbitration is often resolved more quickly than litigation, but what about the process makes this possible? According to Carol E. Heckman, a former judge, partner at Lippes Mathias, and an American Arbitration Association® arbitrator, the answer lies in arbitration’s structure, its flexibility, and the role experienced neutrals play in… Continue reading Why Arbitration Works: Structure, Flexibility, and Expertise
Can Claimants Avoid Arbitration by Adding Non-Signatory Defendants?
Aceris Law Arbitration clauses are not always challenged directly. Often, the challenge is more subtle: a claimant brings court proceedings against both the contractual counterparty and an additional defendant who never signed the arbitration agreement, i.e., a non-signatory or third party. The question then becomes whether that party structure is enough to keep the dispute in… Continue reading Can Claimants Avoid Arbitration by Adding Non-Signatory Defendants?
Arbitration Clauses Are Not Boilerplate
Kirsten Wolmarans | Webber Wentzel Most people involved in negotiating, delivering or managing an energy or infrastructure project will never read the 2026 Arbitration Rules of the International Chamber of Commerce (the 2026 ICC Rules). They may not need to. But they do need to understand what their dispute resolution clause does when something goes wrong. The… Continue reading Arbitration Clauses Are Not Boilerplate
Arbitration Clauses: A Contract Within a Contract
Russo Law Most business owners treat arbitration clauses as boilerplate — something to paste in at the end of a contract without much thought. That is a mistake. An arbitration clause is not just a provision; it is a self-contained legal framework that determines how every future dispute between the parties will be resolved. It… Continue reading Arbitration Clauses: A Contract Within a Contract