Byline: David W. Ichel

Testing Your Arbitration Dispute in a Mock Arbitration

A valuable preparation option for any high-stakes arbitration is the mock arbitration, which serves many of the same purposes as mock trials and jury research for court cases. Mock arbitrations serve to: Identify strengths and weaknesses in a party’s case and arguments; Show where and how case presentation and cross examination can be improved; Help… Read more »

How to Avoid and Break Mediation Impasse

The very reason for mediation is that the parties are in dispute, whether it a broken business contract, frustrated joint venture partners, a terminated executive, a securities class action, insurance counterparties or mass tort claims. My job as a mediator is to search for and bring the parties to a solution. Everything I do from… Read more »

Arbitrator Selection Is a Key Component of the Arbitration Process

Arbitrator selection is a critical component of every arbitration proceeding given that the selection will determine who will adjudicate the dispute. Commercial arbitration is a creature of contract. The parties in their contract provide for the governing arbitral organization and rules, if any, and how the arbitrator or arbitrators are to be selected. The parties,… Read more »

Comparing Policyholder Arbitrations with Reinsurance Arbitrations

In the last twenty years, arbitration proceedings have been on the rise in disputes not only between direct policyholders and insurers (policy arbitrations) but also between insurers and reinsurers and between reinsurers and retrocessionaires (reinsurance arbitrations). Although there are differences between the two categories of arbitrations, there are more similarities than differences. This article reviews,... Read more »