ADR Chatroom

AIA In Touch

Our Spanish face, Laura Lozano writes in the AIA In Touch newletter about arbitrators' fees and class arbitration.

Jury waivers in Texas

Our US face, M. Nycole Hearon queries whether there is really a decline of arbitration agreements in employment law? Jury waivers are on the rise in Texas as an alternative to arbitration agreements. It seems that confidentiality--one of the very characteristics that make arbitration agreements attractive--also act as a repellent.

Kaplan Lecture 2012 Hong Kong

Our Hong Kong face, Sala Sihombing attended the Kaplan Lecture 2012 on 2 December at the Hong Kong Club.  This year's speaker was Lucy Reed (Freshfields).  She discussed whether arbitrator's decision making should eb viewed as art, science or sport and how counsel should adapt to take into account cognitive biases.  

In particular, Ms Reed made a plea for counsel to consider how best to provide a guide to arbitrators through the dispute.  Whilst it can be tempting to present every piece of paper and every email and every witness, she urged lawyers to exercise restraint and discretion to ensure that arbitrators are not overwhelmed by quantity and can focus on the quality of the argument.

© Conflict Change Consulting Ltd.  2014