Tag Archives: Alternative Dispute Resolution

ILN Today Post

Supreme Court weighs in on ASADA and the Bombers: What is an arbitration?

In December 2014, the Australian Sports Anti-Doping Authority (ASADA), with the support of the Australian Football League (AFL), sought orders from the Supreme Court of Victoria under the Commercial Arbitration Act 2011 (Vic) (Act). These orders were for subpoenas to be issued requiring certain evidence (witnesses and documents) to be given at the AFL Anti-Doping Tribunal (Tribunal) hearing of ASADA’s prosecution of several players at the Essendon Football Club on allegations of doping through the use of the banned peptide Thymosin Beta-4. More…

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ILN Today Post

Commercial Disputes Settlement: Advantages of International Arbitration

Arbitration, in particular international arbitration, has many advantages compared with national court or other domestic dispute resolution forums.

Ability to select arbitrators

At court, the trial panel members are assigned by the court according to the judges’ practice areas and workloads. The result of this arrangement is sometimes an assigned judge may not have the experiences and expertise relevant to the specific matter of dispute between the parties. On the contrary, at arbitration, the parties may select the arbitrators who have the most suitable skills and experiences that satisfy their requirements. Moreover, international arbitration centers provide lists of their arbitrators, who are experts in many business fields and who have years of experiences in resolving international disputes, for the parties to select. This is important as international commercial disputes are often very complex and require extensive knowledge of international laws and business practices. More…

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David Newman co-authors ABA article about damage experts in patent litigation

Arnstein & Lehr Attorney David Newman

David Newman

Arnstein & Lehr Chicago Attorney David Newman co-authored an article, “New ADR Process Facilitates call for Refined use of Damages Experts in Patent Litigation,” that was published in the May 2013 American Bar Association Intellectual Property Newsletter. In the article, Mr. Newman and his co-authors, Bruce W. Burton and Scott Weingust, propose earlier use of damages experts as part of the alternative dispute resolution process.  The article states, “We suggest judges and litigants carefully consider the pros and cons of early use of damages experts in ADR proceedings amongst their other litigation and settlement options.”

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David L. Newman coauthors article in SRR Journal on ADR process and use of damages experts

Arnstein & Lehr Attorney David L. Newman

David Newman

Arnstein & Lehr Chicago Partner David L. Newman has coauthored an article that was recently published in the SRR Journal, titled “New ADR Process Facilitates Call by Judges Rader and Posner for Better Use of Damages Experts in Patent Litigation.” The article discusses earlier use of damages experts as part of an improved alternative dispute resolution (ADR) process. Mr. Newman and his coauthors argue that, in many circumstances, earlier use of damages experts will provide superior ADR proceeding results while more effectively using damages experts in a less costly manner.

To read the article in full, click here.

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