The 9th Circuit Rules that Commercial Arbitration Rules Also Apply to Labor Disputes
The 9th U.S. Circuit Court of Appeals in a 2-1 decision ruled that the standard for evaluating whether the courts or the arbitrators themselves must decide if commercial disputes are to be arbitrated is equally applicable in the context of labor disputes.
Arbitration Conversation No. 24: Hilary Mofsowitz, South African Labor and Employment Arbitrator
In this episode of the Arbitration Conversation Amy interviews Hilary Mofsowitz, a South African Labor and Employment Arbitrator with the Commission for Conciliation, Mediation and Arbitration (CCMA) in South Africa.
Troubling Trend, Another Court Declines to Enforce Arbitration Clause
The United States District Court for the Middle District of Florida in Johnson v. Westlake Portfolio Mgmt. declined to enforce an arbitration clause in a consumer dispute over the repossession of a Jeep Wrangler, in spite of federal policy favoring arbitration.
PLI’s 'Securities Arbitration 2020' – A New Medium, But the Same Great Content
Practising Law Institute’s (“PLI”) annual securities arbitration seminar took place via live Webcast on September 10th. Although the pandemic moved the event to a virtual-only format, the event as usual was packed with content of interest.
Private Arbitration for Business Disputes in the Time of COVID
New urgencies created by COVID, new virtual platforms that are increasingly user-friendly and real, and all the traditional reasons—an experienced arbiter, party control, efficiency, speed —make private arbitration a fine choice for businesses that have disputes during the pandemic.
US Ct of Appeals Rejects Evident Partiality Arguments as Speculative
On 14 September 2020, the US Court of Appeals for the Fifth Circuit rejected vacatur of two arbitration awards for alleged “evident partiality,” overturning the vacatur of the awards by the US District Court for the Southern District of Texas, in OOGC America, L.L.C. v. Chesapeake Exploration, L.L.C.
Shanghai Holds that “SIAC Arbitration in Shanghai” is Valid After Longlide Case
In March 2013, in Anhui Longlide Packaging and Printing Co., Ltd. v. BP Agnati S. R. L, the Supreme People’s Court of China (“SPC”) held that an arbitration agreement providing “ICC arbitration in Shanghai” is valid under the PRC Arbitration Law.
Arbitration Conversation No. 23: Dr. Nudrat Piracha, Member of the ICSID Ad Hoc Committee
In this episode of the Arbitration Conversation Amy (and Colin) interview Dr. Nudrat Piracha, member of the ICSID Ad Hoc Committee, Partner at the firm Samdani & Qureshi, and Senior JAMS Weinstein Fellow since 2018.
Singapore Convention on Mediated Settlement Agreements Comes Into Force
On 12 September 2020, the Singapore Mediation Convention came into force, just over a year after its signing ceremony on 7 August 2019, and marked an important day for dispute resolution users.
Another Gamble?: Court Refuses to Compel TCPA Marketing Case to Arbitration
In a somewhat shocking recent ruling in Gamble v. New Eng. Auto Fin., Inc., the Eleventh Circuit Court of Appeals refused to compel arbitration of the Telephone Consumer Protection Act ('TCPA') marketing suits pursuant to consumer agreements reasoning that such messages do not “arise out of” the underlying contract.
FINRA DRS Postpones In-Person Hearings Through December 4, but Posts Info on Reopening Plans
FINRA’s Office of Dispute Resolution Services (“DRS”) has again administratively postponed all in-person arbitration and mediation hearings but has posted guidance on its plans to resume in-person hearings.
Arbitration Conversation No. 22: Prof. Carrie Shang of Cal State Polytechnic University, Pomona
In this episode Amy interviews Prof. Carrie Shu Shang of Cal State Polytechnic University, Pomona on international arbitration and China's Belt and Road initiative.
Canada – Stay Application Lacks Evidence Required to Demonstrate Overlap/Status of Duplicative Proceedings
Justice Susan L. Bercov had to decide whether to exercise her discretion to stay duplicative proceedings involving administrative action taken in two Canadian provinces. Justice Bercov declined to exercise her discretion due to the applicant’s failure to meet his evidentiary burden to establish the overlap and status of the duplicative proceedings.
Canada – Loss to Bar, Gain to Bench - Madam Justice Jasmin Ahmad, Q.C.
A big change in Canada's arbitration and litigation environment with yesterday’s nomination of Madam Justice Jasmin Ahmad to the Supreme Court of British Columbia. Despite the loss to the arbitration and litigation bar, her nomination is a great gain to the bench.
A Study of International Commercial Arbitration in the Commonwealth
A major Commonwealth study on international commercial arbitration led by Dr. Petra Butler, a professor at Victoria University of Wellington, and Dharshini Prasad, a Senior Associate at Wilmer Cutler Pickering Hale and Dorr LLP, offers trade-boosting solutions.
NJ Supreme Court Upholds 'Acknowledged' Employment Arbitration Agreement
A somewhat divided New Jersey Supreme Court in Skuse v. Pfizer, Inc., held that an arbitration agreement announced and “acknowledged” by email to employees was valid and enforceable.
Canada - Exceptional Case Grants Appeal Court Jurisdiction Over Single Judge’s Decision Mistakenly Denying Leave to Appeal
This article discusses the case of McEwen (Re) (2020 ONCA 511), where Ontario’s Court of Appeal repurposed an exception, developed in its 1996 decision involving leave to appeal an arbitration award, which permitted a three-member panel to review the decision of a single judge denying leave to appeal.
Arbitration Conversation No. 21: Prof. Jill Gross of Pace Law School
Arbitration Conversation Episode 21: In this episode Amy interviews Prof. Jill I. Gross, Director of the Investor Rights Clinic at the Pace University Law School on securities arbitration and FINRA.
Second District Reverses Order Denying Arbitration, Because Unconscionable Provision Was Severable
In Michael Conyer v. Hula Media Services, the California State Appellate Court held that an employer had no duty to point out the subsequent addition of an arbitration clause to the employee's attention when the latter had given assent to this clause, by signing the 'receipt and acknowledgment' page of the revised employee handbook.
New Jersey High Court Updates State’s Arbitration Case Law to Reflect Modern Business Practice
On August 18, 2020 the Supreme Court of New Jersey upheld the enforceability of an employment arbitration agreement by validating employer distribution of mandatory arbitration agreements, confirming that employees may manifest their assent by remaining employed after the effective date specified in the agreements.
Requisite for Obtaining Agreement to Arbitrate TCPA Claims: "Affirmative Assent"
Mandatory arbitration clauses have become routine ingredients in website user terms and conditions. But what is “enough” to confirm that the consumer has “signed on” to arbitrate a dispute" This article explores the judicial positions on the validity of such mandatory arbitration clauses.
Annulment of ICSID Award Due to Arbitrator’s Failure to Disclose Relationship with Claimants’ Expert
An ICSID award rendered in May 2017 awarded damages of €128 million to the claimant-investors. However, in June 2020 the Award was annulled by an ICSID annulment committee because one of the arbitrators failed to disclose his relationship with the claimant-investors' expert.
Institutional Responses to COVID-19 Pandemic: Cooperation, Collaboration and Going Virtual
As the COVID-19 pandemic has shut businesses, locked down communities, and closed borders, the international arbitration community had to rapidly develop new ways of working. The international arbitration community has collaborated to find ways to maintain access to justice in a timely and efficient manner.
Conference Recap – COVID-19 and Digitalization of Dispute Resolution in China
On September 3, 2020, the University of New South Wales's China International Business and Economic Law held an online conference on COVID-19 and Digitalization of Dispute Resolution. The conference centered around how rapid digitalization of dispute resolution methods impacted access to justice in China.
Reassessing the Pros and Cons of Workplace Arbitration
Jeffery D. Polsky, a partner at a San Francisco law firm experienced in labor and employment matters, describes the pros and cons of mandatory workplace arbitration so as to enable employers to make informed decisions regarding the course of action they can take to tackle any labor or employment issues.
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