Here’s the finale of a three-part series distilled from Mike’s final discussion with arbitration scholar Thomas Walde, who passed away in a household accident last October after these interviews were recorded. The concluding part covers the goal of the get together: Mike and Thomas look at actual arbitrator resumes, and discuss how they evaluate the people they hire. IDN listeners this week will get an insider’s view of how sophisticated international arbitration customers view the tribunal members they’re about to hire. For more of Mike’s reflections on this series, and his work with the late Prof. Walde, visit IDN on Facebook.

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A huge annual digital technology products and services trade fair in Germany has last month deployed a mediation facility to diffuse information technology disputes. Find out how the Chinese and European Union governments worked with the organizers to head off police raids, which were used in recent years to confiscate allegedly patent-infringing technology products being used by Chinese companies. On the jump, the details, and links to 10 resources.

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This week, IDN host Mike McIlwrath returns to one of his favorite subjects, gathering information when choosing a neutral. It’s the second of a three-part series distilled from Mike’s final discussion with arbitration scholar Thomas Walde, who passed away in a household accident last October a couple of weeks after these interviews were recorded. It’s a provocative IDN, as the talk turns to the qualification of arbitrators, and how sex and age figure into parties’ hiring assessments.

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This week, more from IDN host Mike McIlwrath’s conversation with Thomas Walde from last October, shortly before the arbitration scholar and theorist  died in an accident.   In IDN 47, which debuted on Oct. 24, less than two weeks after his untimely death, Walde discussed arbitration advocacy. Next week:  Walde on what parties want in an arbitrator, and why.

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As corporations around the world seek alternatives to American litigation, many have voiced dissatisfaction with the quality of the dispute resolution processes with which they are presented. This article addresses some of the considerations that managers should keep in mind when papering a deal. Attention to dispute management issues at the time of contract drafting may avoid costly and risky experiences later, and will in any event firmly place responsibility and accountability where it belongs—on the parties themselves.

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Richard M. Rosenbleeth, of Philadelphia, returns to Alternatives to renew his call for ADR processes that could help ease the long waits on benefits decisions U.S. military personnel are seeing at the U.S. Department of Veterans Affairs.

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Excerpts from the article from Arias US Quarterly, Volume  16, Number 1 (First Quarter 2009):  Beyond the "Discretion of the Arbitrator": Applying the Standard of "Reasonable Necessity" to Determine the Appropriate Scope of Discovery in Insurance/Reinsurance Arbitration.

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Here's how Associate Justice Clarence Thomas, in a 5-4 majority opinion, today reasoned that a 35-year-old opinion was wrongly interpreted, and permitted a union to collectively bargain for arbitration of its members' age discrimination claims, rather than court processes. 

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