The International Institute for Conflict Prevention and Resolution (CPR Institute) has very seldom taken a position in amicus briefs or on pending legislation. But its Board of Directors recently posted a 22-page letter to the leaders of the House and Senate Judiciary Committees “to voice out concern over the Arbitration Fairness Act of 2009.” When the Sphinx speaks I guess we’d better listen.
Peter L. Michaelson is an attorney specializing in intellectual property, and an arbitrator and mediator of very substantial experience. He also enjoys cruises to Alaska, which may characterize his “beyond-the-boundaries” attitude when it comes to adding value to clients of ADR processes.
(Pete Michaelson’s photo of an Alaskan buffalo, sauntering in Kodiak.)
He has recently published an article that brings out a little-remarked but potentially costly issue: How to ensure compatibility among party-appointed arbitrators and encourage an efficient and professional arbitral panel. Read more »
The Supreme Court granted cert Friday in an employment arbitration case addressing whether the arbitrator or the court should determine the enforceability of an arbitration clause. The outcome could do mischief to the FAA and to Supreme Court precedent. Once again there is reason to lament the harm that the practice of employment arbitration is wreaking upon commercial arbitration principles. Read more »
In previous posts, I expressed concern that mandatory employment arbitration is having a bad effect on the practice of arbitration generally. As my older brother used to say, “Duh.” And here’s some more troublesome evidence of this regrettable trend. Read more »
