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13 May 2014, 11:23 am
On the upside, however, some courts have read the Supreme Court opinions with a fine comb and recognized that they were 4-1-4 (Concepcion) or 4-1-3 (Italian Colors), with Justice Thomas's concurrence leaving room to avoid arbitration clauses if the entire contract is unconscionable--with arbitration clauses being potential evidence of the unconscionability. [read post]
10 Mar 2016, 6:00 am
"The party asserting FAA preemption bears the burden to present evidence establishing a contract with the arbitration provision affects" (1) the channels of interstate commerce, (2) the instrumentalities of interstate commerce and persons or things in interstate commerce, or (3) those activities having a substantial relation to interstate commerce. [read post]
26 Mar 2021, 12:49 pm
The Singapore International Arbitration Centre (SIAC) officially opened its office in New York on December 3, 2020. [read post]
8 Nov 2009, 7:25 am
In other words, the transaction costs of the forum of arbitration is almost a quarter more than the legal costs (See my post of Jan. 16, 2008: arbitration with 14 references.). [read post]
13 Feb 2023, 3:30 am
Times (Oct. 3, 2020). [read post]
18 Jul 2012, 3:34 am
The latest issue of the Journal of International Arbitration (Vol. 29, no. 3, June 2012) is out. [read post]
15 Dec 2014, 1:07 am
Pro-Arbitration Policy in Dampskibsselskabet Norden A/S v. [read post]
20 Mar 2010, 12:41 am
3. [read post]
27 Jun 2012, 10:59 am
The amendments to the Simplified Arbitration Rules raise the dollar amount for cases that will be decided by a single arbitrator from $25,000 to $50,000. [read post]
24 Feb 2014, 6:32 am
They form three models or candidate-theories of the functions that investment arbitration may empirically have: (1) investment arbitration serves to champion and strengthen the interests of economic powers of developed states to the detriment of political powers of developing states, in a form of neo-colonialism; (2) investment arbitration serves to strengthen or impose the domestic rule of law in the host state of the investment when such rule of law is weak; and… [read post]
15 Feb 2011, 12:58 pm
” N.J.A.C. 11:3-5.6(d). [read post]
19 Jun 2015, 10:00 am
Here are the advantages and disadvantages of having an arbitration clause. 3 Pros of Having an Arbitration Clause Saves Money Arbitration is usually much cheaper than going to court and may be a viable option to save money. [read post]
3 Aug 2011, 7:00 am
Pleas to apply for arbitration were denied at the trial and appellate level but the Supreme Court stated that even if the deed was not registered, the arbitration clause could be enforced. [read post]
12 May 2014, 2:00 pm
”3. [read post]
21 Jul 2010, 7:24 am
The Wisconsin Supreme Court (with its typical 4-3 split) has held that an arbitration panel exceeded its authority by ordering the reinstatement of the dismissed general counsel of a corporation: We agree with Menard [the corporation] that the panel exceeded... [read post]
14 Jul 2011, 6:43 pm
Arbitration a. [read post]
13 Aug 2021, 6:19 am
The changes are: (1) adding cybersecurity and data protection under Article 2; (2) adding the term “Remote Hearing” under Article 8; and (3) adding a provision that excludes illegally obtained evidence under Article 9. [read post]
20 Mar 2021, 4:28 pm
“[T]here are three elements for courts to consider in ruling on a motion to compel arbitration: (1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived. [read post]
18 Jan 2019, 9:54 am
’”3 In the result it can be a very tricky path to navigate when dealing with an arbitrator appointed by a party. [read post]
6 Dec 2013, 10:51 am
Earlier this week, on December 3, 2013, the Fifth Circuit Court of Appeals held that arbitration agreements lawfully can contain class-action waivers. [read post]
