Whether an arbitration award should include reasons, authorities or other explanation remains hotly debated. In securities arbitration, despite pressure from investor advocates to add transparency to the FINRA forum by requiring arbitrators to issue explained awards, FINRA’s current rule requires a panel to include an explanation in an award only upon a joint request from … Continue reading FINRA Arbitrator Writes Explained Award To Create Precedent →

Congress created the Office of the Investor Advocate of the Securities and Exchange Commission in the Dodd-Frank Act in 2010 to, among other things, “(A) assist retail investors in resolving significant problems such investors may have with the Commission or with self-regulatory organizations (SROs); (B) identify areas in which investors would benefit from changes in the regulations of the Commission … Continue reading SEC Office of Investor Advocate Praises Securities Arbitration Clinics →

From the blog of the New York State Bar Association’s Dispute Resolution Section: In August 2015, Resolution Roundtable, the blog site for the Dispute Resolution Section of NYSBA, began posting weekly questions to seek feedback and insights on various alternative dispute resolution (ADR) topics. Traffic to the blog site thereafter greatly increased by ADR users, … Continue reading Fascinating compilation of comments on ADR posts →

For those who were not able to attend the AALS Annual Meeting in San Francisco in January, a podcast of the ADR Section’s Program on Comparative Commercial Arbitration is now posted on the AALS website.  (You need a AALS password to access the podcast.)  I moderated the program, and Professors Hiro Aragaki (Loyola-LA), Manuel Gomez … Continue reading Podcast of Comparative Commercial Arbitration Program →

I am sorry to report the unexpected passing of Margaret Shaw, a pioneer in the ADR field and founder of ADR Associates, which merged into JAMS.  I did not know her personally, but I (and my students) benefited greatly from her wisdom captured in numerous teaching videos in which she played the role of mediator. … Continue reading Passing of Margaret Shaw →

I am pleased to circulate a Call for Proposals for the AALS-ADR annual Works-in-Progress Conference: The AALS Alternative Dispute Resolution Section is seeking a host for the 11th Annual Works-in-Progress Conference to take place in the fall of 2017.  The WIP Conference has become one of the “must attends” in the ADR academic field.  Previous … Continue reading Call for Proposals: AALS ADR Works-in-Progress Conference →

Unlike other transitions taking place across the country these days, I am pleased to report that the AALS ADR Section has successfully, peacefully and without tweet transitioned its leadership from fellow blogger and Academic Dean Cynthia Alkon (Texas A&M) to me (Jill Gross, Pace).  On behalf of the Section, thank you Cynthia for your service … Continue reading AALS ADR Section’s Smooth and Tweetless Transition of Leadership →

If you are planning to attend the AALS Annual Meeting in San Francisco next week, please join me at the ADR Section’s program (co-sponsored by the Section on Comparative Law) — Comparative Commercial Arbitration: U.S., Asia, Europe, and Latin America — on Friday, January 6, at 1:30pm, in Golden Gate 6 at the Hilton. I … Continue reading AALS ADR Program in SF on Comparative Commercial Arbitration →

This audience might be interested in reading an article that appeared in the December 2016 volume of the Journal of Empirical Studies entitled “Are Arbitrators Human?”  Authored by a Ph.D. candidate in human development (Rebecca K. Helm, Cornell), a federal magistrate judge (Judge Andrew J. Wistrich, CD Cal.), and a law professor (Jeffrey J. Rachlinski, … Continue reading Article Asks Whether Arbitrators are Human →

I am pleased to post this on behalf of Prof. David Horton (UC Davis Law): Dear Colleagues, I hope the end of the semester is treating you well.  As you may have heard, Judge Rakoff recently issued an important opinion finding that a plaintiff did not assent to an arbitration clause in Uber’s Terms of … Continue reading Amicus brief in Second Circuit Uber arbitration case →