ABA Section of Dispute Resolution’s Post

Amy Schmitz is joining me this week on The Make Money Mediating Podcast and I have to say that it is one of my favorite podcast chats of all-time! Not only do we dive into her amazing new book, “The Arbitration Conversation,” but we also explore Amy’s thoughts on O-Arb (Online Arbitration,) Artificial Intelligence and the future of dispute resolution including why she thinks it is the most exciting time to be a DR professional! Tune in on Thursday so you don’t miss this conversation and until then, why not get a copy of the book to get you started! #arbitration #mediation #disputeresolution #amyschmitz #abadr #susanguthrie #makemoneymediating #podcast

"The Arbitration Conversation" by Amy Schmitz is an essential resource that distills over 115 interviews with arbitration experts, offering unparalleled insights into the evolving landscape of dispute resolution. Whether you're an arbitrator, counsel, student, or educator, this book is your key to navigating the nuances of #arbitration in the digital age. Section members receive 20% off all ABA publications! Get your copy: bit.ly/3TF6RQa

"The Arbitration Conversation" by Amy Schmitz is an essential resource that distills over 115 interviews with arbitration experts, offering unparalleled insights into the evolving landscape of dispute resolution. Whether you're an arbitrator, counsel, student, or educator, this book is your key to navigating the nuances of #arbitration in the digital age. Section members receive 20% off all ABA publications! Get your copy: bit.ly/3TF6RQa

"The Arbitration Conversation" by ABA Section of Dispute Resolution member, Amy Schmitz is an essential resource that distills over 115 interviews with arbitration experts, offering unparalleled insights into the evolving landscape of dispute resolution. Whether you're an arbitrator, counsel, student, or educator, this book is your key to navigating the nuances of arbitration in the digital age. Section members receive 20% off all ABA publications! Get your copy: bit.ly/3TF6RQa #abadr #arbitration #disputeresolution #linkedinauthors

My favorite book of the year is Amy Schmitz's Arbitration Conversation -- the most accurate snapshot of the modern arbitration field available anywhere. If you're getting started in arbitration, if you teach arbitration, or if you've been an arbitrator for 30 years, you won't be able to put it down. Only $55 for ABA section members. Check it out! https://lnkd.in/gfU3Uv6x

🔍 Understanding Lex Arbitri: The Backbone of Arbitration 📜 Ever wondered what keeps arbitration proceedings on track? It’s all about lex arbitri—the "law of the arbitrator." In essence, lex arbitri refers to the legal framework that governs how arbitration is conducted. This includes: 🔹 Procedural Rules: The guidelines that dictate how the arbitration process unfolds. 🔹 Arbitrator's Powers: The extent of authority granted to the arbitrator. 🔹 Enforcement: The legal mechanisms for enforcing the arbitration award. Choosing the right lex arbitri can make a significant difference in how smoothly an arbitration process runs. It can be agreed upon by the parties or determined by the arbitration's seat—the jurisdiction where the arbitration is based. Whether you're a legal professional, business leader, or simply curious about arbitration, understanding lex arbitri is crucial for navigating the complexities of resolving disputes efficiently. #Arbitration #Internationalarbitration #DisputeResolution #Arbitrationlaw

ARBITRATION: JUSTICE THROUGH CHOSEN HANDS One of the most profound statements I've heard about Arbitration came from John Ohaga SC CArb FCIArb who said: "As a judge, one handles cases that have been allocated through the judiciary's mechanisms. But as an Arbitrator, one handles cases in which he/she has been chosen to resolve by the parties. It is both a privilege and a huge responsibility that Arbitrators should not take for granted."  This perspective has deeply resonated with me and highlights the unique role of an arbitrator. An arbitration appointment in a way bestows the title of "The Chosen Hands" upon an arbitrator. Parties select particular persons because they trust that they will deliver justice in their case. The trust placed by parties in choosing an arbitrator underscores the importance of impartiality, diligence, and integrity in every decision. It’s a reminder that the role of an arbitrator is not just about resolving disputes but about honoring the faith that parties have placed in you to deliver fair and just outcomes. This privilege and responsibility should be embraced with the utmost seriousness and commitment to upholding the principles of justice. PS: I'm Namugenyi Zubedah, MCIArb (UK), a Legal and Academic Writer who loves making complex legal ideas simple, clear, and easy to understand. #Arbitration #Ethics #Trust #Justice

BASIC PRINCIPLES OF ALTERNATE DISPUT RESOLUTION CHAPTER 9 ⚖️ Unlocking the Power of Arbitration Awards: Drafting, Enforcement, and Challenges! 📘 In Chapter 9 of the book, we delve into the critical aspects of arbitration awards. This chapter provides a thorough understanding of the different types of awards and the detailed process of drafting and issuing them. We explore the mechanisms for enforcing arbitration awards and discuss common challenges faced during enforcement. Strategies to overcome these challenges are also provided to ensure effective resolution. 📖 Highlights Include: Comprehensive overview of arbitration awards and their types. Step-by-step process for drafting and issuing awards. Mechanisms and strategies for enforcing arbitration awards. Legal grounds and procedures for appealing or setting aside awards. Insights from seasoned arbitrators and real-world case studies. Equip yourself with the essential knowledge to navigate the complexities of arbitration awards. This chapter is rich with practical insights and expert advice to enhance your arbitration practice. #ArbitrationAwards #LegalEducation #LawPractice #ChapterNine #EnforcementStrategies #AppealProcess #ExpertInsights #LegalProfessionals #CaseStudies #ProfessionalGrowth #DisputeResolution Strengthen your expertise with the valuable insights shared in Chapter 9 and stay tuned for more enlightening chapters! AUTHOR: Sanaullah Aman

Hi everyone!! I’m back with a discussion on arbitration! This week, let’s take a look at a quick overview of the step-by-step arbitration process: 1️⃣ Agreement to Arbitrate: Parties agree to resolve their dispute through arbitration, either via an arbitration clause in the contract or a separate agreement. 2️⃣ Notice of Arbitration: The initiating party serves a notice to the other party, outlining the dispute and the intent to arbitrate. 3️⃣ Appointment of Arbitrator(s): Parties appoint one or more arbitrators. If they cannot agree, the relevant arbitration institution (depending on the agreed Arbitration Rules) may appoint them. 4️⃣ Preliminary Meeting: A preliminary meeting is held to discuss procedural matters, timelines, and logistical details. 5️⃣ Statement of Claim and Defence: The claimant submits a statement of claim, and the respondent replies with a statement of defence. 6️⃣ Hearing: Both parties present their evidence and arguments before the arbitrator(s), including witness testimonies, expert opinions, and document submissions. 7️⃣ Deliberation and Award: The arbitrator(s) deliberate and issue an arbitral award, which is binding and enforceable. 8️⃣ Enforcement or Challenge: The award can be enforced through the courts if necessary. Parties may also challenge the award under specific circumstances. That would be all for this week!! #Arbitration #ArbitrationProcess #DisputeResolution

What we need from arbitration best practice is alchemy. It needs to transform parties, arbitrators, representatives, experts, and witnesses who might never meet each other and who may: 1. live in different countries, 2. speak different languages, 3. work in different time zones, 4. respect different holidays, 5. have different cultures and beliefs, 6. hail from different legal traditions 7. import in their own varying experience of arbitration, 8. come with their hopes and expectations of the process, so that they can work together and resolve the dispute in a way that delivers substantive and procedural justice. The goal is that, at the end of the hearing, when the Tribunal asks, "Are the Parties satisfied with the way these proceedings have been conducted?" the Parties can say "Yes" and genuinely mean it. ____ If you want more of these insights sign up for my newsletter: https://lnkd.in/g_mQDNGB ____