Book Review

Reviewing Martin Domke, Editor, International Trade Arbitration, American Arbitration Association, 195

Book Review

Reviewing Martin Domke, Editor, International Trade Arbitration, American Arbitration Association, 195

International Commercial Arbitration: Fifty Years After the New York Convention

a one-day conference held at the Dean Rusk Center on January 30, 2009. The event, co-sponsored by the Georgia Journal of International and Comparative Law, featured Gary Born as keynote speaker and other leaders in the field of international commercial arbitration including Robert Davidson, Executive Director of JAMS Arbitration Practice; William K. Slate, II, President, American Arbitration Association; and Anne Marie Whitesell, Former Secretary General of the ICC International Court of Arbitration

Alumni Spotlight- Mansi Karol ‘17 at the American Arbitration Association

https://larc.cardozo.yu.edu/cardozo-news-2018/1004/thumbnail.jp

Individual Employment Rights Arbitration in the United States: Actors and Outcomes

The authors examine disposition statistics from employment arbitration cases administered over an 11-year period by the American Arbitration Association (AAA) to investigate the process of dispute resolution in this new institution of employment relations. They investigate the predictors of settlement before the arbitration hearing and then estimate models for the likelihood of employee wins and damage amounts for the 2,802 cases that resulted in an award. Their findings show that larger-scale employers who are involved in more arbitration cases tend to have higher win rates and have lower damage awards made against them. This study also provides evidence of a significant repeat employer-arbitrator pair effect; employers that use the same arbitrator on multiple occasions win more often and have lower damages awarded against them than do employers appearing before an arbitrator for the first time. The authors find that self-represented employees tend to settle cases less often, win cases that proceed to a hearing less often, and receive lower damage awards. Female arbitrators and experienced professional labor arbitrators render awards in favor of employees less often than do male arbitrators and other arbitrators

Tailoring the Arbitration Clause: Accommodating Client Needs in Real Estate and other Transactions

Just ten years ago, a typical lawyer would have had difficulty explaining to a client the difference between arbitration and mediation. Now, most major law schools offer courses in alternative dispute resolution, and the acronym ADR has become part of every lawyer\u27s vocabulary. The Commercial Arbitration caseload of the American Arbitration Association has increased at the dramatic rate of over 50% between 1980 and 1990. Mediation services provided by the AAA, U.S. Arbitration, Endispute and others, as well as rent-a-judge programs such as Judicial Arbitration & Mediation Services, have also experienced increased demand for their services

The Lawyer As Consensus Builder: Ethics For a New Practice

In this Article, I explore the roles of lawyers in alternative dispute resolution ( ADR ), including traditional roles in arbitration and new roles in mediation and facilitation. I also discuss how conventional ethics rules for lawyers fail to provide guidance and best practices for lawyers who serve in these new roles. State legislatures and professional associations, such as the American Arbitration Association ( AAA ), the Center for Public Resources Institute for Dispute Resolution ( CPR ), and the Association of Conflict Resolution, have adopted ethical codes for mediators and arbitrators. Select professional associations are also developing best practice guides for the provision of ADR services; however, the lack of clarity in the Model Rules is a serious problem. The failure of the Model Rules to recognize the role of lawyers in peacemaking, dispute prevention or resolution, and legal problem solving marks an absence in what is publicly recognized as among the most important roles a lawyer performs - that of a constructive lawyer. Furthermore, the Model Rules misrepresent the legal profession by assuming that representing clients in adversarial matters is the only role lawyers fulfill. Such an assumption fails to give adequate guidance to a lawyer who fulfills a broader, and perhaps, more significant role than that of a hired gun