A case study from the perspective of in-house counsel.
This progress towards cybersecurity maturity in arbitration is long overdue, but a welcome development in an industry where cyber risk is substantial and cyber resilience is imperative.
This is prime territory for mediation—especially because it’s not easy for judges or arbitrators to resolve disputed issues of business judgment, nor may they impose on the situation the kind of resourceful business solutions that the parties can hopefully fashion with the mediator’s assistance.
The spectrum is a visual representation of all of the dispute resolution processes from negotiation through and including litigation. This article is meant to provide a brief overview of processes on the spectrum, other than mediation, that the courts may be employing.
Because of the fundamental differences between litigation and arbitration, codified in the Federal Arbitration Act, or similar state statutes, arbitrators, and courts dealing with enforcement issues, have dealt with the revolution in very different ways.
When an arbitrator has been repeatedly appointed by the same party, it raises questions as to whether that arbitrator can serve without favoring that party or, at a minimum, appearing to be dependent on that relationship in a way that would affect the arbitrator’s freedom of judgment.