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Arbitration News

August 2018

Bob Buckley: Mediation can be helpful in many cases

Lawyers call it alternative dispute resolution. Many of us who practice in civil litigation consider it an assault on the right to trial by jury. Mediation and arbitration are the primary methods of alternative dispute resolution. Mediations are useful and do not constitute an assault on the constitutional right to trial by jury, but arbitration in many instances is. read


Updated WIPO Guide On Alternative Dispute Resolution A Tool For IP Offices

The World Intellectual Property Organization Arbitration and Mediation Center has released an updated guide providing an overview of alternative dispute resolution (ADR) processes for intellectual property disputes. read

May 2018

Vietnam launches mediation centre for trade-related issues

The Vietnam International Arbitration Centre (VIAC) held a ceremony on May 29 to launch the Vietnam Mediation Centre (VMC) and announce the mediation code, under the support of the International Finance Corporation (IFC), a member of the World Bank (WB) Group. read


Singapore International Mediation Centre names new CEO

The Singapore International Mediation Centre has named Mr Aloysius Goh as its chief executive from Tuesday (May 1), succeeding Ms Lim Seok Hui who becomes a Board member. read

April 2018

In The Future Blockchain Will Solve Most Real-World Problems -- Even Arbitration

When examining the legal system, Ast followed Elon Musk’s advice and first considered the principles. At its core, what is a court system? The answer he saw was people trying to find the truth in a given situation, such as whether an agreement was broken. read

March 2018

Encouraging Greater Use of Mediation in International Commercial Arbitration

Mediation is not a staple of complex international commercial arbitration. It may well precede it—many arbitration agreements contain a “tiered” approach to dispute resolution that includes mediation—but, once a large international arbitration is fully underway, mediation has not been widely accepted. read

January 2018

'You can't force people into mediation': Society spells out ADR wishes

Lawyers and consumers need to ‘buy into’ the use of alternative dispute resolution but do not need it forced upon them, the Law Society has said. read

November 2017

Arb-Med-Arb: what is it and how can it help the parties to solve their disputes efficiently?

AMA is a hybrid mechanism and combines arbitration and mediation. It contains in essence the following steps: read

September 2017

South Africa: Why mediation and arbitration offer a better route to solving medical disputes

The benefit of a medical mediation is that the emotional toll on both parties in the dispute is minimized. read

August 2017

The perfect dispute resolution clause

Practitioners from every stage of the disputes process: in-house, private practice, the Bar and institutions, gave their insights on what makes for an effective dispute resolution clause. read

July 2017

Supreme Court Rules In Favor Of Nursing Home Arbitration Agreements

In Kindred Nursing Center Ltd. Partnership v. Clark, the United States Supreme Court recently continued its protection of arbitration agreements by holding that the Federal Arbitration Act (FAA) preempted a Kentucky "clear statement" rule that disfavored arbitration agreements. read

May 2017

Mediators Share Advice on Managing Outside Counsel

Most cases resolve at some point, and early mediation lowers the costs incurred in litigation. In going even further though, I would advise in-house counsel to challenge some of the common practices litigation counsel often employ. read

March 2017

Senators Must Ask Gorsuch If He Will Force Americans into Arbitration

As part of his confirmation as a Supreme Court justice beginning on March 20, the Senate must ask Judge Gorsuch about his views on arbitration to determine whether he will put big business ahead of Americans’ constitutional right to a trial by jury. read


SCOTUSblog: Judge Gorsuch’s arbitration jurisprudence

Arbitration, which involves agreements between parties to settle disputes in a private forum rather than in court, might seem like a fairly dry area of the law. But recent Supreme Court rulings interpreting the scope of the Federal Arbitration Act have had significant implications in consumer protection, labor, and class action contexts. read


Unfortunate confusion of mediator and arbitrator roles

The headline reads: "Mediator: Hamilton man doctored videos trying to swindle son's widow, children." The best read is the first comment that very capably distinguishes between the roles of a mediator and arbitrator. read

December 2016

Effective Use Of Mediation-Arbitration

Over the past 15 years, mediationarbitration (or “med-arb”) has grown into a popular method of resolving family law disputes. As its name suggests, med-arb combines the most effective features of both mediation and arbitration. Why has med-arb become so popular? When does it work and when it does not? What are the ethical and practical issues that must be considered? read

November 2016

Obama admin. seeks curbs on mandatory arbitration for insurance

The Obama administration is pressing U.S. states to curb insurers' use of fine print in contracts that bars unsatisfied customers from suing, taking the latest step against "mandatory arbitration clauses" in an insurance report released by the Treasury Department on Monday. read

October 2016

Problematic nursing home arbitration clauses

This week, I want to discuss important federal regulatory changes that will affect millions of elderly dependent adults who are residing in nursing homes. read


Airbnb Defends Arbitration in Push to Dismiss Discrimination Suit

Lawyers for Airbnb Inc. defended the home-sharing platform’s terms of service Wednesday in Washington federal district court, arguing that a user who brought a discrimination case against the company should be forced into arbitration to resolve the dispute. read


U.S. to Bar Arbitration Clauses in Nursing Home Contracts

The federal agency that controls more than $1 trillion in Medicare and Medicaid funding has moved to prevent nursing homes from forcing claims of elder abuse, sexual harassment and even wrongful death into the private system of justice known as arbitration. read

July 2016

There's a difference between arbitration, mediation

To start, I couldn’t agree more that mediation can be complicated and the quality, knowledge and professionalism of the mediator are usually the most important components to a successful mediation. read

June 2016

Arbitration and Mediation: Trending Worldwide for All the Right Reasons

The rising trend of alternative dispute resolution was a focus of the New Jersey State Bar Association Annual Meeting and Convention in Atlantic City, NJ. read


How Gig Economy Is Using Private Arbitration to Win on Labor Classification

Sharing economy workers’ best shot at suing to rewrite the rules of their employment may soon pass them by. As judges last Thursday considered settlements that will leave Uber Technologies Inc. and Lyft Inc. drivers as independent contractors, two of the biggest names in the on-demand economy are likely to avoid policy changes that would force them to rethink their business models. read

May 2016

Start-Ups Embrace Arbitration to Settle Workplace Disputes

For start-ups — many of which began in Silicon Valley — the clauses can seem to conflict with professed goals of upending business as usual and being open with employees. read


Proposed CFPB rule: A partial end to forced arbitration

Soon, says the CFPB, consumers will not find mandatory arbitration clauses in their contracts with financial companies. Thus, disputes will be handled fairly. read


Blumenthal lauds proposed curb of forced arbitration clauses

A proposal by a federal consumer agency to curb the use of forced arbitration clauses is being praised by U.S. Sen. Richard Blumenthal (D-Conn.). read


The New Arbitration Rules Are (Almost) Here

Recent reports indicate that the CFPB will announce a new rule governing arbitration clauses in consumer lending contracts at a field hearing on the subject scheduled in Albuquerque, New Mexico, later this week. read

April 2016

The Upside of Employment Arbitration

A recently completed five-day arbitration with twenty-one witnesses, reminded me of the upsides of employment arbitrations (especially when I compare my situation to that of my colleagues who are preparing for jury trials in similar cases). read


Deflategate: Limited Ability to Appeal Arbitration Awards

Nearly all collective bargaining agreements have an arbitration clause for deciding any disputes under the agreement. Beyond the labor arena, employers have increasingly mandated arbitration as the designated forum for resolving employment disputes. With the recent Deflategate decision, we are reminded of the limitations of appealing an arbitrator’s decision. read

March 2016

Forced arbitration clauses might be on the way out

If you have a credit card, you have been forced to kiss away your constitutional right to sue the card issuer. But it’s looking increasingly likely that this is about to change. read

February 2016

Forced arbitration clauses are a form of wealth transfer to the rich

A federal judge called America's move to forced arbitration and bans on class-action suits -- bans favored and enabled by Scalia -- "among the most profound shifts in our legal history." read


Mediation, Arbitration or Trial? Information to Make Your Decision With

If you’re going through a divorce or have a business issue, no matter what the legal dispute, you can mediate, arbitrate or litigate to come to a resolution -- it’s your choice. read


Consumer Protection Chief Decries Mandatory Arbitration Clauses

Mandatory arbitration clauses often are designed to prevent Americans from exercising their rights, warns the director of the Consumer Financial Protection Bureau. read

January 2016

FINRA Arbitrations: Behind Claimant “Win” Statistics

FINRA reported that, for 2015, Claimants won about half of private securities arbitrations: 47% for all-public panel decisions; 45% for majority-public panels. A colleague and securities mediator recently studied FINRA’s 2015 private securities arbitrations to see just what the results are when Claimants “win.”   read


How Arbitration Has Advantage Over a Trial

By exchanging the uncertainty and delay of class-action participation for a fair and timely arbitration procedure in which he has nothing to lose, the consumer’s financial disadvantage at the time of contract would be eliminated. read

December 2015

Why The CFPB Thinks Arbitration Is Bad

Opponents of the practice note that while arbitration can be used judiciously, it has been adopted as a favored tactic of service providers (cable companies), financial services firms (credit card companies) and debt collectors (particularly expired debt collectors) to skirt consumer protection laws and insulate themselves from class action lawsuits. read


FINRA Arbitration Process Due for Overhaul?

FINRA's troubled dispute resolution forum could come in for an overhaul. That's a possibility now that the regulator's arbitration task force has issued a new report containing 51 recommendations to reform arbitration. read

November 2015

Remembering Lou Del Duca

Over the weekend my good friend Lou Del Duca passed away. This news came as a shock, because I skype chatted with Lou about the latest developments in the UNCITRAL ODR Working Group just a week ago. read


Efforts to Rein In Arbitration Come Under Well-Financed Attack

The ad attacks the Consumer Financial Protection Bureau, a federal agency created with Ms. Warren’s strong backing after the 2008 mortgage crisis. What the ad did not say: Its sponsor wants to rein in the agency in part because of its efforts to restrict arbitration — the widespread practice in corporate America of requiring customers and employees to resolve disputes not in the courts, but in private proceedings with neither judge nor jury. read


You're Getting Ripped Off By Forced Mandatory Arbitration -- Here's How to Stop It

From Senator Al Franken of Minnesota and Congressman Hank Johnson of Georgia. Forced arbitration rigs the game in favor of big corporations and against consumers and employees. And recently, a New York Times investigation has exposed just how prevalent this damaging practice is; indeed, the story almost certainly affects you, personally. read


No, arbitration isn't evil, but safeguards are needed

There seems to be a lot of confusion about arbitration. Judging by recent media accounts, it's a crooked business designed by thieves for the purpose of cheating the virtuous. But arbitration is not the problem. The situation is more complicated than that. read

October 2015

ADR flourishes in Francophone Africa

This article offers an overview of the disputes markets in Cameroon and Ivory Coast, and identifies growing interest in ADR, in what are thriving markets for dispute resolution. read


Mediation, arbitration are not the same thing

I was disappointed to read the inaccuracy contained in the Associated Press article “ Financial regulators may limit forced arbitration,” in the Oct. 11 Dispatch. The article confuses mediation with arbitration and perpetuates the notion that mediation and arbitration are one in the same. read

September 2015

Uber Loses Bid to Force Arbitration on California Driver

A former Uber Technologies Inc. driver defeated the company’s bid to force her into arbitration, a second victory after California’s labor commissioner said she should have been considered an employee. read


California Supreme Court says 'yes' to arbitration clause

A recent California Supreme Court case upheld an arbitration provision in a sales agreement, even though it contained a class action waiver and multiple arguable terms. However, the court also reaffirmed that "unconscionability," meaning a contract provision is substantially unfair, is still valid grounds to challenge an arbitration clause. read


Frank Ochoa: Case for Alternative Dispute Resolution Often More Beneficial Than Lawsuit Route

Mediation is a process with deep historical roots, but with a fairly recent formal acceptance into our society’s dispute resolution processes. It is the least adversarial form of ADR. A neutral is engaged to work with the parties, to identify the issues underlying the dispute, to manage the dialogue between the disputants, and to help them arrive at a mutually agreeable resolution to the dispute. read


California Moves Toward Ban On Mandatory Arbitration of Labor Claims

On August 31, the California Legislature passed AB 465, aiming to “ensure that a contract to waive any of the rights, penalties, remedies, forums, or procedures under the Labor Code”—such as an arbitration agreement—is “a matter of voluntary consent.” This bill, now before Governor Brown for his approval, raises two big questions: (1) will the Governor sign the bill, and, if he does, (2) to what extent would the new law be enforceable? read


IRS Eliminates Appeals Arbitration Program

The Internal Revenue Service has gotten rid of a rarely used program that was supposed to allow taxpayers to expedite the appeals process. The IRS issued Revenue Procedure 2015-44 on Tuesday, announcing the elimination of the Appeals arbitration program. The new revenue procedure obsoletes an earlier revenue procedure that formally established the Appeals arbitration program. read

August 2015

Arbitration Agreement Does Not Relieve Company of Need to Respond to Lawsuit

An arbitration agreement can be a valuable tool for businesses. It provides certainty regarding the method of dispute resolution. Compared to litigation, arbitration may be less expensive and generally leads to a quicker resolution. But those benefits are of no use if the dispute ends up in litigation instead of arbitration, despite the arbitration agreement. read


Drafting Consumer Arbitration Clauses for Electronic Agreements

Notwithstanding the Supreme Court's broad holdings on the scope of the FAA's protection of arbitration clauses, careful drafting and implementation remain important to maximize the enforceability of arbitration clauses, particularly in e-commerce consumer agreements. read