Find an Arbitrator
News

Arbitration News

September 2020
9/15

Whether And How To Compel Remote Arbitration

This article discusses the complex issue of whether and how an arbitrator can compel parties to participate in remote arbitration hearings amid the novel coronavirus pandemic.

read more
 

New Jersey Arbitration Agreements Need Not Designate a Specific Arbitrator or “Arbitral Forum” to be Enforceable
In Flanzman v. Jenny Craig, Inc., the New Jersey Supreme Court reversed the Appellate Division and held that an arbitration agreement may bind the parties even if the agreement does not designate a specific arbitrator, arbitration organization, or process for such a designation. read more

 

Here’s why pandemic is increasing mediation and arbitration cases

According to legal experts, there is one major advantage to taking your business dispute to mediation or arbitration instead of a jury trial.

read more
 
9/08

New Jersey High Court Updates State’s Arbitration Case Law to Reflect Modern Business Practice

For the second time in a little over one month, the Supreme Court of New Jersey has issued an employer-friendly ruling upholding the enforceability of arbitration agreements in the employment context.

read more
 
9/01

Internet terms of use: Ninth Circuit enforces arbitration agreement accessible through browsewrap hyperlink

Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an old-fashioned concept. An Internet consumer must, at a minimum, be on inquiry notice of terms to be bound by them.

read more
 

New Jersey High Court Updates State’s Arbitration Case Law to Reflect Modern Business Practice

For the second time in a little over one month, the Supreme Court of New Jersey has issued an employer-friendly ruling upholding the enforceability of arbitration agreements in the employment context.

read more
 
August 2020
8/25

ADR Solutions for a World Reordered By Pandemic – Remote Is Closer Than You Think

The clearest lesson of the pandemic is that we are all connected. Supply chains and the movement of goods and people by air, land and water mean we are all part of a huge interactive web.

read more
 
8/24

Feuding Business Partners in Private Companies: Considering Arbitration to Resolve Partnership Disputes

It is common for private company co-owners to have disagreements while they operate their business, but they typically work through these disputes themselves. In those rare instances where conflicts escalate and legal action is required, business partners have two options—filing a lawsuit or participating in an arbitration proceeding. Arbitration is available, however, only if the parties agreed in advance to arbitrate their disputes.

read more
 

N.D. Illinois Denies Broker’s Attempt to Block Zoom Arbitration Hearing
The Northern District of Illinois recently denied a broker’s motion for a temporary restraining order and a preliminary injunction against the Financial Industry Regulatory Authority (FINRA) seeking to stop a scheduled remote arbitration hearing.

 

NJ Supreme Court Finds Employee Assented to Arbitration by Continuing Her Employment

In its August 18, 2020 opinion in the case of Amy Skuse v. Pfizer, Inc., the New Jersey Supreme Court enforced an employer’s arbitration agreement, finding that the plaintiff employee had effectively assented to arbitration by continuing her employment in the face of the employer’s announcement of a new arbitration policy.

read more
 
8/04

U.S. judge denies claims Uber won price-fixing suit because arbitrator was scared

A U.S. judge denied a request by an Uber customer to overturn an arbitration win for the company in a price-fixing case over claims the arbitrator only ruled in Uber’s favor because he was scared.

read more
 

Climate Change Disputes Take Center Stage at Paris Arbitration Week

There is increasing awareness about the interconnected nature of climate-related issues such as biodiversity loss, health, human rights, security and inequality. Indeed, climate change disputes are on the rise, and the International Bar Association (the “IBA”), in its 2014 report (Achieving Justice and Human Rights in an Era of Climate Disruption), called for the immediate creation of an international ad hoc arbitral body specifically for environmental litigation and the eventual establishment of an International Court for the Environment.

read more
 
July 2020
7/28

These Furloughed Workers Must Sign Arbitration Agreements To Get Their Jobs Back

The situation at The Container Store underscores how little leverage workers have during a global pandemic with sky-high unemployment.

read more
 

FINRA Extends Postponement of In-Person Arbitration and Mediation Hearings

Due to the COVID-19 epidemic, FINRA has extended the postponement of all in-person arbitration and mediation hearings scheduled through September 4, 2020. Parties may opt to proceed telephonically or by Zoom or panels may order that that the hearings will take place telephonically or by Zoom.

read more
 
7/21

Issue of Applicability of 28 U.S.C. §1782 to Private International Commercial Arbitrations Is Ripe for Supreme Court’s Review After Second Circuit Decision

A four-circuit split and the recent history of the Supreme Court taking on arbitration issues suggests that the Supreme Court will decide next term if Section 1782 is applicable in aid of private international commercial arbitration proceedings.

read more
 

Arbitration: An Effective Means to an End during COVID-19

Depending on the case and contract that is subject of the dispute, arbitration may be a requirement. Of course, those parties to the contract can ultimately waive that requirement or come up with some variant of their mutual choosing. Conversely, in matters absent an arbitration provision in a contract, the parties can voluntarily agree to go to arbitration.

read more
 

Avoiding Formation Challenges To Your Arbitration Clause With Consumers

In this third installment, we look at what companies should be doing to ensure that they can present proof of their arbitration agreements if ever required to do so in court. Your company may have a perfect arbitration clause, but if a customer claims never to have signed the arbitration agreement or not to have seen the website providing notice of the terms and conditions, you will have to present evidence that the customer is wrong.

read more
 

Maricopa County Superior Court Announces Certified Arbitrator Program in Response to COVID-19

In response to the COVID-19 public health emergency, the Maricopa County Superior Court recently announced its Certified Arbitrator Program. The program is the result of various studies focused on making court operations more efficient and responsive to litigants in this unique time.

read more
 

Pennsylvania’s binding arbitration law stunting police reform, officials say

Philadelphia Police Commissioner Danielle Outlaw agreed that police arbitrators wield too much power and often stunt the department’s attempts to fire bad cops.

read more
 

New Jersey Supreme Court Confirms Enforceability of Employment Arbitration Agreements With Class Action Waivers Exempted Under FAA

The decision is not only a watershed victory for businesses that employ or engage transportation workers who fall within the Section 1 exemption, but all businesses that employ or engage workers in New Jersey. The decision highlights the enormous value of an effective arbitration program and illustrates why businesses that do not already have arbitration agreements with their workers may want to carefully consider obtaining them.

read more
 
7/14

Divorce Law During A Pandemic: The Rise Of Arbitration

The focus of this blog is on arbitration and its potential role in resolving disputes where the parties have engaged in efforts to settle (often involving considerable time, emotion, and......expense) and have been unable to get the agreement across the finish line.

read more
 

Determining Whether “Clickwrap Agreement” Provides “Reasonable Notice” of an Arbitration Agreement Is a Fact-Intensive Inquiry

In sum, the “inquiry whether a web user had ‘reasonable notice’ of contract terms contained in a contract accessible by hyperlink depends on the ‘totality of the circumstances.'”

read more
 

FAA doesn't preempt NY law barring mandatory arbitration of bias claims - judge

A New York state judge has ruled that sexual harassment claims by LVMH Moet Hennessy Louis Vuitton Inc’s vice president of legal affairs are not “economic in nature,” so the luxury goods retailer cannot force her lawsuit into arbitration.

read more
 

No Initials, No Problem: California Court Of Appeal Holds Failure to Initial Not Enough To Prevent Arbitration

“What if neither party to an arbitration agreement places initials next to a jury waiver contained in the agreement, even though the drafter included lines for their initials?”

read more
 

Top Canadian Court Confirms that the Mandatory Arbitration Clause in Uber’s Driver Contracts is Unenforceable

Uber Technologies Inc. v. Heller, 2020 SCC 16, a recent Supreme Court of Canada decision may have significant implications for individuals working in the gig economy, as well as for employers with mandatory arbitration or forum selection clauses in their contracts for service.

read more
 

Corporations, Congress Must Examine Arbitration and Racism

Despite public statements from much of corporate America condemning racial injustice, many companies such as Starbucks, Amazon, many NFL teams, and Tesla require their workers to arbitrate claims of racial discrimination.

read more
 
7/07

How forced arbitration can hurt Black and brown workers

The Economic Policy Institute finds that 65% of companies with more than 1,000 employees have mandatory arbitration procedures — meaning workers must settle employment disputes through a private mediation system, out of the public eye. The practice that garnered criticism during the #MeToo movement for concealing patterns of sexual harassment in the workplace is again under fire for making it harder for employees to hold employers accountable for racial discrimination.

read more
 

A Guide To Drafting Enforceable Arbitration Clauses

Many businesses choose to include arbitration clauses in their agreements with their customers, vendors or employees. They do so because, as data increasingly shows, arbitration is on average a significantly faster and cheaper means of resolving a dispute in a confidential, flexible and expert manner. And, as courthouses have closed during the coronavirus pandemic, arbitration has become, in many jurisdictions, the only ongoing means of resolving disputes.

read more
 

Heller v Uber: The Supreme Court finds arbitration clause unconscionable and establishes new test for determining when to stay litigation in favour of arbitration

Heller develops arbitration and contract law in three important ways: It provides guidance on whether domestic or international arbitration legislation applies; It develops the competence-competence principle; and It restates the doctrine of unconscionability.

read more
 

Fundamentals|An Overview on International Arbitration

There are three major methods of international dispute resolution; namely international arbitration, international commercial litigation, and alternative dispute resolution (ADR). Among these, arbitration is the most popular way of resolving cross-border disputes between states, companies, and individuals.

read more
 

How Mediation Firm JAMS Became the Dominant Player in the LA Market

An international business, JAMS is considered the dominant company in Los Angeles and the nation when it comes to private mediation and arbitration services.

read more
 
June 2020
6/30

Black workers matter, so end forced arbitration

As employment lawyers who have devoted our careers to fighting discrimination in the workplace, we are heartened to see the world awaken to systemic and structural racism after the egregious killings of George Floyd, Ahmaud Arbery and Breonna Taylor.

read more
 

Supreme Court of Canada Finds Arbitration Clause to Be “Uber” Unconscionable

On June 26, 2020, the Supreme Court of Canada (SCC) released its decision in Uber Technologies Inc. v. Heller. The SCC ruled in favour of the plaintiff, allowing him to proceed with a class-action lawsuit in Ontario courts, rather than through a foreign arbitration.

read more
 

Questions To Ask When Changing Your Arbitration Clause

In a prior post, we highlighted some questions that companies may want to ask when evaluating whether their arbitration clauses are enforceable. If changes need to be made to those clauses, then companies should consider how to implement those changes so as to ensure those are enforceable too.

read more
 

Employee Arbitration Agreements Can Include Some Confidentiality Provisions, NLRB Holds

The National Labor Relations Board (NLRB) has held an employer lawfully included confidentiality language in an arbitration agreement its employees were required to sign as a condition of employment. California Commerce Club, Inc., 369 NLRB No. 106 (June 19, 2020).

read more
 

Global Arbitration and Mediation Services Market: Trends Estimates High Demand by 2027

Research on Arbitration and Mediation Services Market (impact of COVID-19)

read more
 
6/23

Sweating The Details: Court Analyzes User Interface To Uphold Online Arbitration Clause

Online service providers typically seek to mitigate risk by including arbitration clauses in their user agreements. In order for such agreements to be effective, however, they must be implemented properly.

read more
 

NLRB Gives Green Light to Confidentiality Provisions in Individual Arbitration Agreements

In many private arbitration agreements entered into in the non-union context, employers and employees agree that the proceedings shall remain confidential. On June 19, 2020, the Board addressed whether a confidentiality provision that arguably restricted an employee participating in the arbitration process from disclosing terms and conditions of employment violates the NLRA.

read more
 

Counterpoint: In defense of arbitration

In deciding if recent criticism is accurate, it's important to look at the facts.

read more
 

An Arbitration Clause Health Check

Arbitration clauses with class action waivers remain one of the most effective tools that consumer-facing companies can employ to fend off consumer class action litigation. Yet many companies stumble both in getting their customers to agree to the arbitration clause and in drafting a clause that captures all claims that they might face.

read more
 
6/16

Effective Case Management in Arbitration and Virtual Hearings
Check out a free webinar presented through Arbitral Women by Mireze Phillippe and Mohamed Abdel Wahab on June 18th, 2020 at 11:00 Paris and Cairo (CET) / 17:00 Shanghai / 18:00 Seoul / 18:30 Adelaide / 19:00 Sydney and Melbourne.

read more
 
January 2020
1/06

Texas’ System for Mediation, Arbitration of Medical Billing Disputes Now Available

The Texas Department of Insurance says its Independent Dispute Resolution portal for medical billing disputes went live on January 1.

read more
 
November 2019
11/12

Weighing up litigation, arbitration and mediation

There is a time and a place and a method for resolving every dispute. After all, every problem has a solution, however intractable or difficult it may seem.

read more
 
August 2019
8/05

Building a Safe Place for Mediation in Arbitration Proceedings

It is a critical time for the arbitration community to consider a blueprint for increasing the use of mediation so that settlement rates in arbitration can be competitive with litigation.

read more
 
July 2019
7/16

Canada to launch “world first” MedArb

ADR Institute of Canada pushes pioneering role with planned launch of new rules, designation and templates for Med-Arb.

read more
 
7/01

Texas Court Says Express Consent is Key if You Want Your Mediator to Arbitrate Disputes That Arise When Memorializing a Settlement

If parties wish to empower their mediator to arbitrate open issues, however, the language in any settlement reached at the conclusion of a mediation should clearly and unambiguously express the consent of both parties for the mediator to serve in that role, as per a recent Texas appellate court decision.

read more
 
June 2019
6/25

When Memorializing a Mediated Settlement, Empower the Mediator to Resolve Any Disputes Over Language

To avoid any issue with the enforceability of an agreement in principle signed at the conclusion of a mediation, parties should agree in advance that if negotiations to memorialize the settlement in a more formal agreement break down, the mediator shall resolve any remaining disputes over language or otherwise.

read more
 
6/06

The Merits of Med-Arb

If Mediation Fails to Resolve a Dispute, Should Parties Let the Mediator Arbitrate?

read more
 
May 2019
5/15

LIDW19 ends on a high

As London International Disputes Week draws to a close, a commercial courts report highlights London's record year, while organizers are optimistic the inaugural LIDW will be back next year.

read more
 
April 2019
4/02

Legal voices in Cork endorse 'alternative dispute resolution'

While litigation will remain the dominant mechanism in resolving disputes, there are now several alternative mechanisms such as arbitration, mediation and conciliation to consider.

read more
 
Archive


PREV     NEXT