The Power of Resolution

Wall Street Journal As a judge in Miami, Jennifer Bailey saw how court cases could drag on. Since becoming an arbitrator with the American Arbitration Association® (AAA®), however, she has been struck by how quickly the dispute resolution process can work: In one case involving a dispute over construction materials, the parties settled the matter in… Continue reading The Power of Resolution

The Function and Role of Damages Experts in Arbitration: Ensuring Competence, Independence and Transparency

Anthony Theau-Laurent, Edmund Richards and Louis Osman | Global Arbitration Review Introduction In dispute resolution processes, such as arbitration, litigation or mediation, experts are often instructed to provide an opinion on specific matters within their area of expertise. When one party (or several) seeks financial compensation for the damage sustained as a result of another… Continue reading The Function and Role of Damages Experts in Arbitration: Ensuring Competence, Independence and Transparency

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

AI Arbitrator is Paving the Way for the Future of Dispute Resolution

Chad Caplan and Janelle Pelli | Hinckley Allen The American Arbitration Association (AAA) has launched a new tool, called the AI Arbitrator, that is expected to render binding decisions the AAA expects will be enforceable in court like any other arbitration award. Its use is currently limited to construction disputes between two parties that can… Continue reading AI Arbitrator is Paving the Way for the Future of Dispute Resolution

Leaders in Dispute Resolution Need to Make Unbiased Decisions for Mediation to Succeed

Richard Erickson | Snell & Wilmer As a mediator helping to settle construction disputes and as an arbitrator deciding outcomes of these disputes, I found certain lessons to be especially helpful after graduating last summer from the Executive Education program at Harvard Kennedy School (HKS). The exceptional HKS curriculum included courses focused on negotiation strategies… Continue reading Leaders in Dispute Resolution Need to Make Unbiased Decisions for Mediation to Succeed