Global Dispute Resolution Insights

Sarah is a frequent contributor to the firm's Global Dispute Resolution Insights blog, writing regularly on the latest developments and trends in international arbitration, ADR and cross-border litigation and offering insight to businesses involved in international transactions and trade agreements. 

Recent Blog Posts

  • 2021 ICC Rules Update Aims At Greater Efficiency, Flexibility, And Transparency and Addresses COVID-19 Issues The leading international arbitration institutions, including the London Court of International Arbitration (“LCIA”) and the International Court of Arbitration (“ICC”), are revising their arbitration rules to improve efficiency, flexibility and transparency, and address challenges and concerns related to the COVID-19 pandemic. In a previous post, we discussed LCIA’s updates to its arbitration and mediation rules, which came in effect on October 1, 2020.  The ICC has issued similar updates to its 2017 Arbitration Rules, which will take effect on January 1,... More
  • Sarah Biser Moderates Webinar – “From Trade to Tourism: Israel and the UAE are Open for Business” Sarah Biser moderated a webinar roundtable discussion on  how to conduct business in the UAE and Israel – now that the Abrahams Accords have made possible trade and commerce between Israel and the UAE.  The roundtable discussion, held on October 28, 2020,  included Sarah Biser and Mark Hess of Fox Rothschild, Uzi Dayan, Member of the Knesset; Charles Laubach, Partner at Afridi & Angell Legal Consultants (Dubai, UAE); Omar Al Busaidy, Fulbright Scholar, MICE International (UAE); Yoram Elkaim, Head of... More
  • Sarah Biser to Discuss The Challenges of Virtual Hearings and How to Prepare and Conduct a Virtual Hearing Join Sarah Biser,  and other arbitration practitioners for a virtual discussion regarding the challenges of virtual hearings including preparation for virtual mediations and arbitrations – sponsored by the American Bar Association, Section of Litigation and Ankura.   The Webinar will be broadcast live on November 5, 2020 at 12 pm.  Please register at this link https://us02web.zoom.us/webinar/register/8216025154109/WN_hG0erzLwQJyUvgcvWcxN_w    ... More
  • The Importance of Arbitrator Impartiality and Lack of Conflicts of Interest Arbitration awards may be vacated or annulled based on arbitrator conflicts of interest and even just an appearance of impropriety. Read how different arbitrations deal with disqualification motions. The Importance of Impartiality and Lack of Conflicts Arbitrator’s impartiality and independence is the bedrock of international arbitration. Recent arbitration awards have been vacated or annulled due to arbitrator conflicts of interest or even mere appearances of impropriety. Parties may waive such conflicts, however, if the parties do not raise the conflicts in a... More
  • The Seventh Circuit Joins the Second and Fifth Circuits in Holding That 28 USC § 1782(a) Does Not Apply to Private International Arbitration In our recent post, we have discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which authorizes U.S. district courts to provide assistance to foreign or international tribunals by ordering discovery of persons in the district. On September 22, 2020, in Servotronics, Inc. v. Rolls-Royce PLC et al., No 19-1847, the U.S. Court of Appeals for the Seventh Circuit joined the Second... More
  • Virtual Reality Of Arbitration Hearings Due to uncertainties created by the pandemic, virtual hearings will continue to remain the default option in particular in domestic, international and cross border proceedings, in which in-person appearances are made difficult by travel constraints. There are many practical considerations that practitioners and clients face with regard to virtual hearings.  This post summarizes some important issues that need to be considered in advance of a remote hearing: Technical aspects: There are various technical aspects that need to be planned in advance, including... More
  • Sarah Biser will be speaking at a Fox Rothschild Webinar – “Why It’s Smart to Require Dispute Review Boards in Your Agreements” on Thursday, September 17, 2020 at 11 am ET Join virtually Sarah Biser, Robert Rubin, Mark Hess, James Perry, Micha Tollman and Roberto Hernandez-Garcia for a discussion regarding the use of Dispute Review Boards in domestic and international projects.  The Webinar will be broadcast live on September 17, 2020 at 11:00 eastern.  Kindly register at the link below.... More
  • Sarah Biser Will Be Speaking at the 2020 AAA Construction Webinar Series – Successful Delivery of Construction Projects . . . In the United States and Abroad – on September 15, 2020 (11:00 eastern) Join virtually Sarah Biser and other international law practitioners for a discussion regarding the successful delivery of domestic and international construction projects at the 2020 Construction Webinar Series organized by the American Arbitration Association.   The Webinar will be broadcast live on September 15, 2020 at 11 am ET.  Kindly register at ADR.org.... More
  • Selecting a Party-Appointed Arbitrator in International Arbitration – a Primer Co-authored by Robert Rohrberger Objectives and Considerations The majority of international arbitrations are decided by three-member arbitration panels. Each party selects its “party-appointed” arbitrator, and the president or chair of the three-member panel is selected by the two party-appointed arbitrators, by a neutral authority or by other agreement of the parties.[1] This blog discusses some of the more critical considerations that a party and its attorney should review in the selection of its arbitrator. The importance of an in-depth review and analysis... More
  • U.S. Circuit Courts Split Over Issues Concerning the Ability To Obtain Evidence From Non-Parties In International Arbitration, Part II In these series of posts, we discuss the differences that have emerged in rulings by federal appeals courts in the United States Circuits on certain issues that may affect the ability of a party in an international arbitration to obtain evidence from non-parties to the arbitration. Arbitrator’s Power To Order Pre-Hearing Document Production Or Testimony From Non-Parties In Part I of our post on the Circuit Courts split over discovery matters in international arbitration, we have discussed the Courts’ different views on... More