Year 2017

ARBITRATION ON YOUR TERMS CELEBRATING YOUR SKILLS AND ISSUE # 250   Arbitration in America is noted to go as far back as the 1800’s in the Securities and Labor Union fields. The Industrial revolution in the 1920’s gave us the first major Arbitration laws which were precursors to the now known Federal Arbitration Act … Continued

THE OTHER KIND OF LINKING ADVOCATING FOR THE ARBITRATOR   A + B = C … simple sound reasoning that we probably got introduced to in 2nd grade. Over many years; conversation of ‘Linking’ has always been a major point of discussion in presenting arbitration cases (especially those in subrogation arbitration) which for the most … Continued

SUDDENLY AND WITHOUT WARNING THE IMPACT YOU’RE MAKING   IMPACT ? What kind of statement do the opening lines in your Contentions make ? For certain; is your opening … ‘this accident happened on January 6, 2017 in Akron, Ohio’ OR is your opening … ‘our insured Brian Flores was slammed crossing an intersection on … Continued

WHERE ARE YOU NOW ? YOUR APPROACH; YOUR POSITION   Sometimes in auditing Arbitration cases you come across a scenario or fact pattern … it almost jumps off the page ‘Blog Material’. Let’s revisit a topic that is frankly crucial in your efforts to prevail whether Applicant or Respondent. Something you want to consider as … Continued

THE EPILOGUE: DID WE WIN ? HOW AM I GOING TO DEFEAT YOUR ARB. So … we’ve come to the end but did we Win ? A series in the Blog that started back in September of last year draws to a close. ‘How Am I Going To Defeat Your Arb.’ over the last 35 … Continued

GETTING REAL WITH EVIDENCE HOW AM I GOING TO DEFEAT YOUR ARB. To finish off our series; let’s get Real … real about Real Evidence you might submit in support of your case. It is recognized that Real or ‘physical’ Evidence (as another term) is the least submitted of the kinds of proof seen in … Continued

FACT OR FICTION: WHEN CIRCUMSTANCES DICTATE HOW AM I GOING TO DEFEAT YOUR ARB. Truth be told this is all …. CIRCUMSTANTIAL !! And there we have a kind of Evidence in intercompany arbitration upon which some or maybe most of your case is based. Evidence that I need to show is not causally connected … Continued

5 – ON – 5 CELEBRATING FIVE YEARS OF THE ARBITRATION BLOG   Five years of writing on intercompany arbitration …. five things we’ve learned: 1.) Evidence matters ! Pretty obvious ? But the more you research; the more you look at actual cases and the more you consider Arbitrator decision-making rationale; the more you … Continued

STRIKING THAT EXPERTS BALANCE HOW AM I GOING TO DEFEAT YOUR ARB To quote George Constanza … ‘I want details and I want them now !’ And so it is with details relating to Data and Assumptions with Expert Reports inintercompany arbitration. Once again we work (a bit) within the confines of intercompany arbitration in … Continued