Arbitration, a cornerstone of dispute resolution, has witnessed a profound transformation in recent years, impacting all sectors. Businesses have embraced arbitration for its privacy, speed, and the expertise it offers in resolving intricate disputes. “The Arbitration Conversation” underscores the significance of arbitration, especially in contexts where specialist arbitrators are needed, or business secrets must be safeguarded. It delves into the nuances of arbitration for international parties seeking neutral forums, underpinned by the New York Convention's enforceable awards. It also notes the benefits and pitfalls of arbitration in more controversial areas like business-to-consumer and employment contracts.
“The Arbitration Conversation” also sheds unique light on the emergence of online arbitration (OArb), catalyzed by the COVID-19 pandemic and advancements in technology. OArb leverages technology to streamline processes, sometimes offering parties a convenient and cost-effective alternative to in-person arbitration. The text explores OArb's promise and pitfalls, including discussion of AI, blockchain, and the metaverse in arbitration. The book also includes an appendix of OArb protocols that have developed in recent years, as well as providing guidance for arbitrators and arbitration counsel navigating this technological shift, addressing concerns such as cybersecurity and uneven access to technology.
Throughout its pages, “The Arbitration Conversation” underscores the importance of arbitration as a versatile problem-solving tool. It highlights wisdom learned from seasoned arbitrators, as well as newer voices in arbitration, focused on using arbitration in a flexible manner to help parties achieve their dispute resolution goals. The lessons learned from interviews with experts in various arbitration contexts provide fresh perspective, emphasizing the ever-changing nature of arbitration and the critical role of technology in shaping its future.
For educators and instructors in dispute resolution, the book offers insights into engaging students in virtual learning environments, as well as the challenges and opportunities presented by online legal procedures. The book also can serve as a guide for educators using “The Arbitration Conversation” videos and podcasts for class exercises. Accordingly, the book also includes an appendix with an index of the free videos and topics covered.
This book is a must-have for dispute resolution practitioners, students, teachers, and anyone interested in taking a peak behind the privacy curtain of arbitration.
