In any commercial case, the goal of the arbitration is a swift and expeditious resolution of the litigation with a savings of time and money. At a minimum, while not always as swift as we would like, one would hope that it will afford a faster and more efficient process than that provided by the […]

(By: Hon. John P. DiBlasi, J.S.C. (Rtd.) & Jacqueline I. Silvey, Esq., NAM General Counsel) When parties enter into a commercial contract that contains an arbitration provision, they are usually in the honeymoon stage of the business relationship. An agreement which specifies arbitration as the sole form of dispute resolution is much like a prenuptial […]

(By: Hon. John P. DiBlasi, J.S.C. (Rtd.) & Jacqueline I. Silvey, Esq., NAM General Counsel) John Wooden, one of the most successful coaches in basketball history, always focused his teams on the basics. The first lesson he taught them was how to properly tie their shoes. Truly, a lack of understanding the basics often “trips” […]

During my fifteen years as a Judge, I have heard the testimony of hundreds of witnesses in all types of proceedings. As a trial attorney in private practice, I prepared a great number of witnesses to testify. Even with the best preparation, my father, who was a great trial lawyer, would say he would die […]

Over the years, I have had the opportunity to preside over numerous commercial arbitrations of all types. I have done so as the sole arbitrator and also as a member of a tri-panel. The decision to use a single arbitrator versus a tri-panel is a critical one. The decision as to the use of a […]

The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear and to the […]