Guildhall School of Business and Law staff profiles content store_hidden Henry Blair Our staff

Henry received his first degrees from the University of North Dakota (Bachelor of Fine Arts and Master of Arts with honours). He then received his first law degree from Hamline University (juris doctorate with highest honours) and his highest law degrees from Columbia University Law School (Master of Law and Doctor of Juridical Science with highest honours).

Henry's previous appointments include the role Visiting Professor at the University of Deusto Law School, teaching international commercial arbitration, and a Visiting Scholar at University of Oxford (Law), researching procedural autonomy.

Henry also keeps a firm foot in the world of practice, regularly serving as an arbitrator or mediator in commercial disputes. He has been appointed as a sole arbitrator in more than 35 disputes, a member of a panel in more than five disputes, and as a panel chair.

Additionally, Henry regularly consults with commercial parties on dispute resolution design, litigation, and commercial matters, including serving as an expert witness in appropriate cases.

Henry also engages in a wide range of pro bono activities:

• He recently wrote an amicus brief to the Minnesota Supreme Court, advocating that recently returning citizens from incarceration should be entitled to vote
• He was also appointed as a Special Assistant Attorney General to the State of Minnesota to help author a brief to the United States Supreme Court in an arbitration case

Henry's research and teaching focuses on commercial law, international dispute resolution, arbitration, international trade, and contract law and theory, with an emphasis on law and economics.

Henry holds the following appointments:

• Robins Kaplan Distinguished Professor of Litigation Skills and International Dispute Resolution
• John C. Faircy Professor of Empirical Legal Research
• Senior Fellow in the Dispute Resolution Institute at Mitchell Hamline School of Law, United States

Representative social media

1. Blog, Arbitrationnation.com (lead contributor and editor since 2019)
2. Representative Academic Presentations (past ten years)
3. Proxies and Simulacra: Can AI Supply Sustainable Diversity in Arbitration?, academic paper presentation, Graduate School of Law, Nagoya University, Conference on Sustainable Diversity in International Arbitration (November 2021)
4. Anticipating Procedural Innovation, academic paper presentation, Columbia University Law School (April 2019)
5. Trends in AI and the Practice of Law, academic presentation, Legal Technology Bootcamp, University of North Dakota Law School, Grand Forks, ND (April 2019)
6. Remedies for Breaches of Procedural Contracts, academic paper presentation, 14th Annual International Conference on Contracts, Tulane Law School, New Orleans, LA (March 2019)
7. The End of the World as We Know It: Merits Review of Arbitral Awards by State Courts, academic paper presentation, Drake University Law School, Des Moines, IA (March 2019)
8. Preclusion in International Commercial Arbitration, academic paper presentation, Penn State Dickenson Law School (February 2019)
9. End of the World as We Know it: The Increasing Tendency of Courts to Conduct Merits Reviews of Arbitral Awards, academic paper presentation, Penn State Dickenson Law School (2017)
10. Finely Tuned: Calibrating Procedure through Contract in Arbitration, Mediation and Public Courts, academic paper presentation, Law & Economics Workshop, Columbia University Law School, New York (2014)
11. Finely Tuned: Calibrating Procedure through Contract in Arbitration, Mediation and Public Courts, academic paper presentation, Annual International Contracts Conference, St. Thomas Law School, Miami (2014)
12. Primitive Fears: The Limits of Contractual Consent to Intentional Torts, academic paper presentation, Oxford University Law School (2013)
13. Primitive Fears: The Limits of Contractual Consent to Intentional Torts, academic paper presentation, Kings College University Law School (2013)
14. Licenses to Lie: Consenting to Fraud, academic paper presentation, Oxford University Law School, Ph.D. student roundtable (2013)
15. Is Less Really More? An International Comparative Consideration of Expanded Judicial Review, academic paper presentation, Penn. State Dickenson Law School (2013)
16. Is Less Really More? The U.S. Supreme Court’s Stance on Expanded Judicial Review in State Courts, academic paper presentation, Symposium on The Role of Courts: Judicial Review of Arbitral Awards and Mediated Settlement Agreements at Penn. State Dickenson Law School (2013)
17. Trust 2.0: Peer-to-Peer Reputational Systems, academic paper presentation, Columbia University Law School, Faculty Roundtable (2012)
18. A Lifeline for Mandated Disclosure: Why Mandated Disclosures Might Matter, at Least Some of the Time, academic paper presentation, Spring International Contracts Conference, Thomas Jefferson School of Law (2012)
19. The Business of Sharing: The Role of Smart Contracts in Collaborative Consumption, academic paper presentation, Spring International Contracts Conference, Stetson University School of Law (2011)
20. The Value of Open-Textured Standards in International Sales Law, academic paper presentation, Strum College of Law, University of Denver (2010)
21. Consenting to a Lie: Justifications for the Enforcement of No-Reliance Clauses, academic paper presentation, Spring International Contracts Conference, William S. Boyd School of Law, University of Nevada, Las Vegas (2010)

Representative professional presentations (past five years)

1. SCOTUS Watch: Key Arbitration Cases, invited presentation to the American Arbitration Association, Learn-a-Latte Forum Series (May 2021)
2. Breaking News: The Supreme Court Surprises Absolutely No One in Lamps Plus, Inc. v. Varela, national presentation, Federalist Society Teleforum (April 2019)
3. Trends in Arbitration, 2019, Minnesota CLE video presentation (April 2019)
4. What Every In-House Lawyer Needs to Know About Arbitration, national presentation materials, ABA Dispute Resolution Annual Meeting, Minneapolis, MN (April 2019)
5. Quickdraw Litigation: The Past, Present, and Future of Iqbal and Twombly, Minnesota CLE presentation (January 2019)
6. Arbitration Rules or Rule of Arbitration?, national presentation, ABA Dispute Resolution Annual Meeting, Washington DC (April 2018)
7. Indemnification in Mergers and Acquisitions, national CLE presentation, National Business Institute (January 2018)
8. Is Arbitration Getting a Bad Name?, Minnesota CLE presentation, Minnesota Bar Association (December 2017)
9. The Basics of International Commercial Arbitration, public lecture, Hamline University School of Law (2015)
10. Significant Developments in Domestic and International Commercial Arbitration: Appellate Arbitration, national CLE Presentation co-sponsored by JAMS International and Hamline University School of Law, Dispute Resolution Institute (2014)

Representative media (past five years)

1. Minneapolis Star Tribune Interview, Mike Hughlett, “First trial starts this week in massive 3M earplugs litigation,” March 28, 2021
2. Grand Forks Herald Interview, “Local diner fined during lockdown for violation of Governors order,” December 2020
3. Finance & Commerce Interview, “Appeals court asked to overturn lockdown,” April 30, 2020
4. Associated Press Interview, “Prince Wrongful Death Case Dismissed; Estate Case Continues,” January 20, 2020
5. Bloomberg Law Interview, Christopher Opfer, Uber Sued for Allegedly Undercutting New York Driver Fares, November 6, 2019
6. District 10 Como Community Council Interview, Michael Kuchta, for a voter information publication about the St. Paul referendum on trash collection, October 25, 2019
7. St. Paul Pioneer Press Interview, Fred Melo, “Trash Wars” interview on October 1, 2019
8. Business Insurance News Interview, Judy Greenwald, The Rise of Arbitration in International Insurance Disputes, July 11, 2019
9. Minneapolis Star Tribune Interview, Rochelle Olson, $20M Settlement by City of Minneapolis to the Family of Justine Damond, May 17, 2019
10. Prairie Business Interview, Ghosts in the legal machine: How artificial intelligence is transforming the field of law, January 3, 2019
11. Law360 News Interview, Jay-Z, Arbitrator Diversity, and International Commercial Arbitration, December 5, 2018
12. WCCO News Television Interview, Non-Disclosure Agreements and Stephanie Clifford, March 22, 2018
13. Minneapolis Star Tribune Interview, Elizabeth Foy Larsen, Seizure of Assets in Mexico in a Child Abuse Case Against Jason McLean, March 13, 2018
14. WCCO News Radio Interview, Mediation at the State Capital, September 20, 2017
15. WCCO News Television Interview, Mediation at the State Capitol, September 17, 2017
16. KARE11 News Television Interview, Ticketmaster Settlement, June 20, 2016

Books

1. A Short and Happy Guide to International Dispute Resolution (forthcoming, West Academic 2022)
2. A Short and Happy Guide to Conflict of Laws (forthcoming, West Academic 2022)
3. Learning Contracts, with Jack Graves, West Academic 2022
4. Procedural Autonomy: Frontiers in the Customization of Dispute Resolution Procedures, ProQuest 2020
5. International Litigation and Arbitration: Cases and Materials, with Thomas Carbonneau and William Buttler, West Academic 2020
6. Cases and Materials on Arbitration Law and Practice, with Thomas Carbonneau, West Academic 2019
7. A Short and Happy Guide to Arbitration, West Academic, 2019
8. Litigating Contract Disputes in Minnesota, LexisNexis 2017, with updates through 2021

eBooks

1. Legends of Law: Conflict of Laws, West Academic 2020
2. Audio Lecture Series
3. Contracts ChartaCourse, ChartaCourse 2017, with updates in 2018

Book chapters

1. One-Quarter Portion: The Laws of Lawlessness, in Star Wars and Dispute Resolution (forthcoming, DRI Press 2022)
2. Litigating, Mediating, and Arbitrating Nuisance and Trespass Claims, in Practice Guide: Minnesota Real Estate Litigation, LexisNexis 2018, with updates in 2019
3. Litigating, Mediating, and Arbitrating Easements and Access to Real Property, in Practice Guide: Minnesota Real Estate Litigation, LexisNexis 2018, with updates in 2019

Articles

1. Proxies and Simulacra: Can AI Supply Sustainable Diversity in Arbitration? (forthcoming 2022)
2. Preclusion in International Commercial Arbitration (forthcoming 2022)
3. Enforcing International Workers’ Rights through Arbitral Clauses in Enforceable Brand Agreements (forthcoming 2022)
4. Public Injunctions in Arbitration (forthcoming 2022)
5. Anticipating Procedural Innovation: How and When Parties Calibrate Procedure Through Contract, 72 OKLA. L. REV. 797, 2020
6. #MeToo And Alternative Dispute Resolution, Attorney at Law Magazine, with Sharon Press, 15 June 2018
7. How Does Section 1 of the Sherman Act Apply to “Two-Sided” Platforms that Unite Distinct Consumer Groups, 45 ABA PREVIEW, February 20, 2018, at 162
8. Promise and Peril: Doctrinally Permissible Options for Calibrating Procedures Through Contract, 95 NEB. L. REV. 787, 2017
9. Is Less Really More? The U.S. Supreme Court’s Stance on Expanded Judicial Review in State Courts, 2 PENN. ST. YEARBOOK ON ARB. & MED. 75, 2013
10. May an Air Carrier that Reports Suspicious Activity be Denied Statutory Immunity Without a Determination that the Report is Materially False?, 41 ABA PREVIEW, 2 December 2013, at 128
11. Hard Cases Under the Convention on the International Sale of Goods: A Proposed Taxonomy of Interpretive Challenges, 21 DUKE J. COMP. & INT’L L.J. 269, 2011
12. Where’s Emily Litella When You Need Her: The Unsuccessful Effort to Craft a General Theory of Obligation of Promise for Benefit Received, 27 QUINNIPIAC L. REV. 385, with Edwin Butterfoss, 2010
13. What Law Governs the Rail Leg of an International Multimodal Bill of Lading?, 37 ABA PREVIEW, 22 March 2010, at 271
14. A Matter of Trust: Should No-Reliance Clauses Bar Claims for Fraudulent Inducement?, 93 MARQUETTE L. REV. 423, 2009
15. How Ashcroft v. Iqbal will Change Your Life (Well, at Least Your Professional One), 3 BAR TALK, 21 October 2009, at 5
16. “You Don’t Have to Be Ludwig Wittgenstein”: How Llewellyn’s Concept of Agreement Should Change the Law of Open-Quantity Contracts, 37 SEATON HALL L. REV. 67, 2006
17. The Potential for a Paperless Future, 57 BENCH & BAR, November 2000, at 38

Dr Henry Allen Blair
Professor of Commercial Law
Email Henry