Byline: Ken Hagen

Rethinking Mass Arbitration: Building on MDL’s Proven Blueprint

Mass arbitrations are an important new way for customers to protect their legal rights. Unfortunately, arbitration was designed for individualized disputes—not mass actions involving thousands of nearly identical claims. Yet legacy ADR providers keep trying to force mass arbitrations into an individualized approach that it was never built to support. The result? Massive filing fees,… Read more »

Mass Arbitrations – By Kennen D. Hagen

MONDAY SEPTEMBER 20, 2021 Mass arbitrations are becoming the new class actions, and a multi-million-dollar legal headache for many companies. Click here to read Kennen D. Hagen's article that recently published on TodaysGeneralCounsel.com. Read the full article here:

Another arbitration service – FedArb – establishes new mass arbitration protocol

(Reuters) - With high-profile companies like Postmates, DoorDash, DraftKings and FanDuel tangling with the American Arbitration Association over AAA's fee requirements in thousands of individual arbitrations filed against the companies, smaller arbitration services are sensing an opportunity. I told you last month about new rules adopted by the International Institute for Conflict Prevention and Resolution,... Read more »

Forewarned is forearmed: The growing trend of mock trials” Published in the Daily Journal

“Find me an expert who lacks expertise.” While this may sound like an oxymoron, it is not an uncommon request when a law firm seeks a former federal judge to serve on a mock panel. The reason: the underlying adjudicator has limited familiarity with the subject matter governing the dispute so the former judge should... Read more »

Obstacles For Calif. As It Seeks Spot As Int’l Arbitration Venue – Published in Law360 – July 2, 2019

Lost among current headlines is the demolition of California’s invisible statutory wall that has kept international lawyers from representing their clients in California in multimillion-dollar international arbitration disputes.The “if we build it they will come” question is whether this will result in an influx of new international arbitration cases? Since the 1998 California Supreme Court... Read more »

New Fast Track Arbitration

Perhaps the biggest knock on arbitration* is that most arbitration resembles private litigation —both in terms of costs and in the prolonged nature of the process. FedArb is unique among arbitration firms—it requires the arbitrators to adhere to a schedule and prevents them from requesting a delay. The innovative FedArb Rule provision which addresses the... Read more »

Minimizing Bias in Party Appointed Arbitrators

FedArb is adding an optional provision that enables parties to select arbitrators in a three member tribunal in such a way that the arbitrators do not know which party selected them. Under this process, litigants select arbitrators as before but channel their input through FedArb so that the arbitrator does not know what party selected... Read more »