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2 Sep 2015, 1:40 pm
“Because the law favors arbitration, the party opposing arbitration bears the burden to prove unconscionability. [read post]
2 Mar 2017, 3:06 pm
No arbitrator or any other tribunal can issue a decree of discharge. [read post]
18 Jan 2023, 2:18 pm
You can filter cases by case type (commercial arbitration, sports arbitration, inter-state, etc.), tribunal, rules of procedure, applicable treaty or law, and case status. [read post]
10 Jul 2019, 12:37 pm
On June 26, 2019, Southern District of New York Judge Denise Cote granted a motion to compel arbitration of a plaintiff’s sexual harassment claims finding that the New York State prohibition on mandatory arbitration of sexual harassment claims is preempted by the Federal Arbitration Act (“FAA”). [read post]
25 Nov 2015, 7:07 am
Concepcion, the Supreme Court held the California rule that a class-action waiver is per se unconscionable could not be used to avoid an agreement to arbitrate because it discriminated against arbitration and was thus contrary to the public policy in favor of arbitration enacted in the FAA. 563 U.S. 333 (2011). [read post]
24 Feb 2014, 8:38 am
(By contrast, many of the arbitration clauses I've seen accomplish this only implicitly, by requiring arbitration of all disputes and forbidding class actions in arbitration.) [read post]
17 Apr 2013, 8:00 am
Luis Aguilar, a top U.S. securities regulator, is calling for an end to the mandatory arbitration clause found in contracts between financial advisers and their clients. [read post]
5 Sep 2008, 6:16 am
The conference will focus on the relations between European civil procedure and arbitration which have been an intensely debated topic among legal scholars and [...] [read post]
29 Aug 2016, 4:11 pm
Nan Aron of Alliance for Justice has an excellent critique of those arbitration clauses in the fine print we are constantly being forced to sign and a new rule that will address one of the problems with those clauses: http://www.usnews.com/opinion/articles/2016-08-19/cfpb-takes-one-step-to-fix-rigged-forced-arbitration. [read post]
15 Dec 2008, 7:00 pm
Ralphs Grocery Company has lost some high profile attempts to enforce its employee arbitration ageements, but it recently won one in Macias v. [read post]
25 Jan 2010, 3:39 am
Vacating an arbitration awardMatter of Board of Educ. of Amityville Union Free School Dist. v Amityville Teacher's Assn., 2009 NY Slip Op 04230, Decided on May 26, 2009, Appellate Division, Second DepartmentComplaining that the arbitrator's award was “indefinite and nonfinal” when it directed that “sixth grade teachers assigned a sixth teaching period” shall be paid at the "negotiated sixth [read post]
4 Apr 2020, 12:23 pm
I am posting, with permission, an email from CPR’s Richard Murphy with information from a great webinar that Tom Valenti did for CPR about using zoom for mediation and arbitration. [read post]
2 Jul 2018, 10:56 am
Over the last several years, mandatory arbitration provisions have become more and more prevalent in the contracts we sign and agreements we make. [read post]
20 Jul 2013, 10:24 pm
The post An introduction to Arbitration Agreements appeared first on The Lex-Warrier. [read post]
6 Jan 2019, 8:24 pm
Union des consommateurs as follows: 84 First of all, I would lay down a general rule that in any case involving an arbitration clause, a challenge to the arbitrator’s jurisdiction must be resolved first by the arbitrator. [read post]
6 Mar 2023, 3:30 am
No, there is no FMLA loophole to arbitration. [read post]
5 Jul 2011, 9:38 am
The latest issue of the International Arbitration Law Review (Vol. 14, no. 1, 2011) is out. [read post]
10 Nov 2010, 9:59 am
Reisberg, Objections to the Jurisdiction of the Arbitration Tribunal Under the US Federal Arbitration Act: How to Preserve the Right to Judicial Review [read post]
19 Feb 2024, 2:02 pm
… Continue reading "Illinois Federal Court Orders Samsung To Defend 806 Individual BIPA Claims In Arbitration And Pay $311,000 In Arbitration Filing Fees" [read post]
18 Jan 2010, 8:31 am
The question before the Court will be whether the district court is in all cases required to determine claims that an arbitration agreement subject to the Federal Arbitration Act (“FAA”) is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this “gateway” issue to the arbitrator for decision. [read post]
