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21 Feb 2019, 3:00 am
Last summer, I blogged about a Delaware case addressing the distinction between a dispute resolution provision that requires a third party to act as an “arbitrator” & one that merely calls for that party to make an “expert determination” with respect to an issue. [read post]
24 Apr 2013, 8:00 am
The European Parliament fully supports the Philippine government’s decision to bring its territorial disputes with China in the South China Sea before a United Nations arbitration tribunal. [read post]
15 Jan 2019, 3:05 pm
The case involves § 1 of the Federal Arbitration Act, which provides that “nothing herein contained... [read post]
13 Sep 2022, 11:56 am
Jonathan Harkavy (Patterson Harkavy) has just posted on SSRN both his annual Employment Law Update and an essay on SCOTUS's four recent compelled arbitration decisions. [read post]
23 Feb 2012, 6:00 pm
The West Virginia court held that all pre-dispute arbitration agreements for personal injury and wrongful death claims against nursing homes were... [read post]
4 Jun 2018, 11:37 am
From Alison Frankel, Fitbit lawyers reveal ‘ugly truth’ about arbitration, judge threatens contempt (Reuters): At a hearing Thursday in San Francisco federal court, a lawyer for the fitness tracking company Fitbit told U.S. [read post]
6 Nov 2010, 5:48 am
The SEC posted on its website FINRA's proposed rule change to give investors the option of selecting an all-public arbitrator panel in all customers' disputes with their securities firms and associated persons. [read post]
6 Nov 2011, 8:16 am
There have been several interesting decisions recently about the relationship between arbitration proceedings and the courts, of which In re American Express Financial Advisors Securities Litigation (No. 10-3399, 2d Cir. [read post]
27 Oct 2022, 10:00 pm
The United Kingdom’s Office of Financial Sanctions Implementation (OFSI) has granted the London Court of International Arbitration (LCIA) a General Licence allowing it to process payments from designated parties (DPs) who are subject to the United Kingdom’s recent financial sanctions against Russia and Belarus. [read post]
22 Oct 2020, 10:00 pm
OOO “Insurance Company Chubb” (Chubb) not only ends the uncertainly that parties faced in this important question, but is also a call to action to adapt arbitration agreements in existing and future contracts. [read post]
20 Oct 2018, 7:47 am
In most cases, the two options will be to either go through an arbitration process […] [read post]
30 May 2024, 5:30 am
In a move designed to expand its products for online dispute resolution, the American Arbitration Association has acquired ODR.com, a company that builds ODR systems, and its parent company, Resourceful Internet Solutions Inc. [read post]
3 Jun 2011, 12:17 pm
The Second Circuit recently issued an opinion discussing the tests for judicial review of arbitration awards under FAA 10 as well as the manifest disregard of the law (assuming it still exists after Hall St. [read post]
8 Aug 2012, 5:33 am
Court of Appeals for the Second Circuit affirmed the Southern District of New York’s vacatur of a petitioner’s voluntary notice of dismissal of a petition to compel arbitration. [read post]
26 Nov 2013, 11:30 am
Newman, Arnstein & Lehr, LLP discuss Developing a Framework for Arbitrating Standards-Essential Patent (SEP) Disputes. [read post]
6 Nov 2019, 6:33 am
On September 19, 2019, the Second Circuit held that an employer may enforce a mandatory arbitration clause against an employee who brings a retaliation claim under the Dodd-Frank Act of 2010 (Dodd-Frank). [read post]
31 Oct 2017, 9:57 am
., B271563, has a nice, organized unconscionability analysis that leads to finding an arbitration clause unenforceable. [read post]
4 Feb 2013, 6:06 pm
Sandile Majali, ANC benefactor, passed away and now his family is asking the Johannesburg High Court to set aside an arbitrator’s decision awarding ownership of Siyanda Chrome Investments to Lindani Mthwa. [read post]
15 Mar 2017, 11:00 pm
Since the major upheaval of Act 10, interest arbitration has still been available to resolve collective bargaining disputes involving public safety employees. [read post]
30 Aug 2018, 12:44 am
In my 1L Contracts course, I often discuss binding arbitration agreements, including those used as part of a package of admission documents in long-term care settings. [read post]