The Applicability of the United Nations Convention on Contracts for the International Sale of Goods to Rockets, Drones, and Other Space Vehicles

The Applicability of the United Nations Convention on Contracts for the International Sale of Goods to Rockets, Drones, and Other Space Vehicles Nelson Edward Timken  Mediator-Arbitrator | International Arbitration Enthusiast TimkenDisputeResolution.com July 27, 2025 Executive Summary This report examines the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) […]

Navigating the Landscape of International Arbitration Awards: Vacatur, Enforcement, and the Critical Role of the Seat

Nelson Edward Timken   Mediator-Arbitrator | International Arbitration Enthusiast TimkenDisputeResolution.com   August 3, 2025   International arbitration has emerged as the preeminent method for resolving cross-border commercial disputes, favored for its neutrality, flexibility, and confidentiality. The ultimate objective of any arbitration proceeding is the issuance of a final and enforceable award, which serves as the definitive resolution between […]

Mastering Mediation Advocacy: Essential Skills for the Modern Litigator

In a recent New York Law Journal article, John Siffert and co-author Nelson Timken propose that litigators start to view mediation as another weapon in their arsenal to resolve litigated cases. Often mediations fail because litigators do not seize the opportunity to create an environment that makes it possible to achieve the client’s goal short of “winning” the case. […]

Pressing Questions Shaping International Arbitration in 2025: An In-Depth Look

International arbitration is at a pivotal juncture, navigating a confluence of technological disruption, geopolitical realignments, and evolving societal expectations. As of 2025, ten pressing questions are shaping the discourse and practice of international arbitration, demanding adaptation and innovation from all stakeholders. This report delves into each of these issues, exploring their complexities, how participants are […]

A Comprehensive Analysis of US Bilateral Investment Treaties: Framework, Protections, Dispute Resolution, and Risk Mitigation

I. Executive Summary The U.S. Bilateral Investment Treaty (BIT) program stands as a pivotal component of the nation’s international economic policy. This initiative is strategically designed to safeguard U.S. investment interests overseas, foster the adoption of market-oriented policies in partner countries, and stimulate U.S. exports.1 Responsibility for the formulation and negotiation of BIT policy is […]

New York Law Affirms Surety’s Direct and Unwavering Obligation to Obligee

New York law firmly establishes that a surety’s obligation to an obligee is a direct and primary one, independent of any indemnification agreement between the surety and its principal. This means that an obligee in New York can proceed directly against the surety upon the principal’s default, and the surety cannot use its separate indemnification […]

CISG In A Nutshell

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is a significant international treaty that establishes a uniform legal framework for contracts for the international sale of goods. Here’s a breakdown of its key aspects, particularly focusing on its applicability requirements: What is the CISG? The CISG is a multilateral treaty […]

The Judicious Use of Personal Experience in Mediation: Balancing Connection and Neutrality

I. Introduction: The Mediators Persona and the Question of Self-Disclosure Mediation, as a widely adopted form of Alternative Dispute Resolution (ADR), is fundamentally a process where a neutral third party facilitates communication and negotiation between disputing parties. The aim is to assist them in reaching a mutually acceptable, self-determined resolution.1 This process is distinct from […]

Domestic Commercial Arbitration: Issues and Solutions: A Quick Peek At What’s Out There

Report on Major Issues in Domestic United States Arbitration Today I. Introduction: The Landscape of Domestic U.S. Arbitration A. Overview of Arbitrations Purpose and Legal Framework Arbitration, as a method of alternative dispute resolution (ADR), is designed to settle disputes more efficiently, at a lower cost, and more rapidly than traditional court litigation.1 It is […]

How Can Both Arbitrators and the Parties (along with their counsel) Contribute to Making Arbitration Proceedings More Efficient and Cost-Effective?

Key strategies for the arbitrator include: Proactive Preparation: Thoroughly understanding the case before the initial Case Management Conference (CMC). Structured CMCs: Providing detailed agendas in advance and encouraging pre-conference discussions and client participation. Active Discovery Management: Limiting document and e-discovery to what is directly relevant and material. Mid-Arbitration Conference: Facilitating mutual understanding, guiding on relevant […]

Issues in International Arbitration – A Primer

Investment Treaties- A Key Component in International Arbitration Investment treaties are international agreements between states that establish the terms and conditions for foreign investment within their territories. These treaties aim to promote and protect foreign investments by providing a stable and predictable legal framework for investors. They play a significant role in shaping the landscape […]

The Perils of Pedestals: Why Hero Worship Hurts the ADR Community

Alternative Dispute Resolution (ADR) thrives on collaboration, critical thinking, and a commitment to understanding diverse perspectives. 1 Yet, within this field dedicated to nuanced problem-solving, a troubling trend persists: hero worship. While admiration for experienced practitioners is natural, the uncritical elevation of certain individuals to guru status can stifle innovation, limit growth, and ultimately harm […]

Recent Issues of Importance in Domestic United States Arbitration Proceedings

Arbitration in the United States has seen significant developments in recent years, with the Supreme Court playing a particularly active role in shaping its landscape. This essay will explore some of the most important issues impacting domestic arbitration proceedings today, drawing on relevant legal citations to provide context and authority. 1. The Supreme Court’s Pro-Arbitration […]

Leveraging Lost Opportunity: A Mediator’s Strategic Imperative in Commercial LitigationBeyond Rules: Cultivating Essential Skills for the Modern Commercial ArbitratorLeveraging Lost Opportunity: A Mediator’s Strategic Imperative in Commercial Litigation

Executive Summary This report explores the strategic application of “lost opportunity” as a powerful lever for mediators in resolving commercial litigation. It defines opportunity cost beyond explicit financial outlays, encompassing critical implicit costs such as time, productivity, relationships, and reputation. By understanding and strategically highlighting these foregone benefits and risks, mediators can effectively guide parties […]

Motion Practice in Arbitration- A Short Primer

Nelson Edward Timken UA  Private Independent Mediator & Arbitrator | International Law September 11, 2024 Should an arbitrator entertain motion practice in an arbitration? Yes, an arbitrator should generally entertain motion practice in an arbitration, but with careful consideration and within the bounds of the arbitration agreement and applicable rules. Here’s why: Benefits of Motion […]

Refinements in Arbitral Institutions’ Rules Regarding Arbitral Secretaries’ Functions

I.   Introduction: The Evolving Role of Arbitral Secretaries in International Arbitration The landscape of international arbitration has witnessed a growing reliance on arbitral secretaries to support arbitral tribunals in the efficient management of increasingly complex disputes. These individuals, often junior lawyers, perform a range of tasks delegated by the tribunal, contributing to the smooth progression […]

The Indispensable Blueprint: Crafting and Negotiating an International Arbitrator’s Terms of Appointment

1. Introduction to Terms of Appointment in International Arbitration International arbitration stands as a cornerstone of global dispute resolution, offering parties a neutral, flexible, and enforceable means of settling cross-border commercial disagreements.1 Central to the integrity and efficacy of this process is the role of the international arbitrator. The relationship between the arbitrator(s) and the […]