Alternative Dispute Resolution (ADR) Updates

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English court upholds obligation to hold "friendly discussions" before arbitration

In a recent decision, the English Commercial Court has upheld the enforceability of a clause requiring the parties to seek to resolve a dispute by "friendly discussions" prior to commencing arbitration. The decision...more

Forum-Selection vs. Arbitration Issue Teeing Up for Supremes

The Second Circuit stayed its mandate last week to allow public-pension litigants to file cert petitions seeking review of its August holding that a subsequent account-agreement forum-selection clause requiring federal-court...more

ICSID tribunal refuses to allow state to recommence criminal investigation that would disrupt arbitration proceedings

In Lao Holdings NV v The Lao People's Democratic Republic, an ICSID tribunal (constituted to resolve Holdings' bilateral investment treaty (BIT) claim against Laos) recently dismissed an application by Laos to modify a...more

Arbitration Denied In Class Action Where Plaintiff’s Trust Was A Party To Arbitration Agreement, But Plaintiff Was Not

In a life settlement transaction, in which a life insurance policy is sold by its owner to another for more than its cash-surrender value but less than the net death benefit, the seller contended that the broker and purchaser...more

End Of The World As We Know It (for Employment Arbitration)?

Cue the R.E.M folks, because the Supreme Court of Missouri issued a 4-3 opinion recently that appears to upend many employment arbitration agreements in that state. Baker v. Bristol Care, Inc., __ S.W.3d__, 2014 WL 4086378...more

EEOC Sues Doherty Enterprises over Mandatory Arbitration Agreement

Restaurant Franchiser Unlawfully Barred New Hires From Filing Discrimination Charges, Federal Agency Charges - MIAMI - Doherty Enterprises, Inc., a regional company that owns and operates over 140 franchise...more

The Jury is Still Out On The Effectiveness Of The “Calderon Process”

The State of California implemented the “Calderon Process” almost two decades ago. The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction...more

OMB gives go-ahead to CFPB telephone survey of consumers for arbitration study

Over the vigorous objections of industry trade groups, on September 4, 2014, the Office of Management and Budget (OMB) approved the CFPB’s request to conduct a national telephone survey of 1,000 credit card holders as part of...more

Financial Services Report - Fall 2014

In This Issue: - Beltway Report - Bureau Report - Mobile and Emerging Payments Report - Mortgage and Fair Lending Report - Operations Report - Preemption Report - Privacy...more

Third Circuit: Federal Court Should Decide Whether An Arbitration Clause Authorizes Classwide Arbitration – Not The Arbitrator

The Third Circuit recently was presented with the question of whether, in the context of an otherwise silent contract, the availability of classwide arbitration is to be decided by a court rather than an arbitrator. The...more

New avenues for arbitral award enforcement in the UAE?

One of the most paramount questions on any claimant’s mind when entering into a dispute resolution process in the Middle East (such as an arbitration) might be the eventual enforceability of a successful award against some...more

The ADR Provisions of EU Privacy Laws

Companies doing business globally have a variety of complex issues to deal with, not the least of which is concern about the security of personal data collected from their customers. In 1995, the European Union issued...more

A Check in the “Win” Column for Broker-Dealers!

The Second Circuit recently issued a single opinion for two cases [Goldman Sachs & Co. v. Golden Empire Sch. Fin. Auth., No. 13-797-cv (2d Cir. Aug. 21, 2014) and Citigroup Global Mkts. Inc. v. N.C.E. Mun. Power Agency, No....more

International News: Focus on Mining and Metals

In This Issue: - Features ..Investors in Africa Benefit from Regional Trading Blocs ..Understanding the COMESA Merger Control Regime ..Protecting Your UK Business Against Departing...more

Court Denies Motion To Dismiss For Lack Of Subject Matter Jurisdiction

In prior proceedings, Glory Wealth obtained an England arbitration award against Industrial Carriers, Inc. (ICI) and a confirmation of the award in the United States District Court for the Southern District of New York....more

How mediation of patent disputes differs from litigation

Mediation is a well-accepted means of dispute resolution and an alternative to litigation - Patent litigation can be extremely expensive and time consuming. A patent infringement case of even moderate complexity can...more

Family Collaborative Law Act Signed by Governor Christie

In addition to signing the alimony bill into law, Governor Christie also signed the Family Collaborative Law Act on Wednesday, September 10th. The Act had been unanimously passed by the Senate in late June before it arrived...more

A Dressing Down – Dress Codes in the Modern Workplace?

According to research cited by the British Association of Dermatologists, one in five Britons now has a tattoo. Amongst US 30 somethings, the estimate rises to about two in five, with facial piercings being almost as common...more

England and Wales: Early Conciliation - What Is It and Why Does It Matter?

The new rules on early conciliation will be seen by some as another obstacle in the path of the poor put upon litigant employees and by others as a sensible way to encourage employers and employees to try to resolve disputes...more

Your Collective Action Waiver May Not Survive in a Vacuum: 6th Circuit Says Arbitration Was Key to Enforcing Waiver of FLSA Claims

The Sixth Circuit Court of Appeals recently noted in Killion et al. v. KeHE Distrib., LLC, Nos. 13-3357/4340 (6th Cir. Jul. 30, 2014) that it was the first appellate court to tackle head on the question of whether a...more

Polsinelli Podcasts - Protecting Policy Holders From Arbitration Bias [Video]

Private arbitrations have become a major commercial enterprise in part because they appear to present a desirable alternative to traditional litigation. Commentators often claim that arbitration is less formal, less expensive...more

Employee’s lack of knowledge of OHSA was factor in denying him promotion; employee’s grievance dismissed

An employee’s lack of knowledge of safety laws was a proper consideration in his employer’s decision to deny him a promotion, a labour arbitration board has decided. The employee, a unionized mechanic with the City of...more

Mediation Briefs: Do’s and Don’ts

Here are some Do’s and Don’ts from a mediator’s perspective to help you prepare your mediation briefs. Do remember that the mediation session will likely be the last day of your case. Treat the event with the...more

Missouri Courts Scrutinize Employment Arbitration Agreements

Demonstrating once again that Missouri may be the most difficult state in which to enforce an employment arbitration provision, the Missouri Supreme Court in Baker v. Bristol Care, Inc., et al. invalidated an employment...more

Arbitration Agreement On Barnes & Noble’s Website Not Enforceable

In a case between an on-line customer and Barnes & Noble, the Ninth Circuit recently refused to enforce the arbitration agreement found in the website’s “Terms of Use.” Nguyen v. Barnes & Noble Inc., __ F.3d__, 2014 WL...more

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