Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Does Canada Need a New Uniform Arbitration Law?
Arbitration - An Alternative to Litigation for Dispute Resolution
Bill on Bankruptcy: Junk Debt Interest Rates at 30-Year Low
Legal Fallout of an Armstrong Confession
Lance's Lawyer: Armstrong Didn't Betray Me
Lance's Lawyer: Armstrong Didn't Betray Me: Video
Lawyer: Madoff May Be One of My Clients' Better Investments
Gene Grabowski on American Airlines' Brand Challenges
Should law firms be required to meet heightened standards before they are able to contract with clients to arbitrate malpractice lawsuits? If so, how high should these standards be?
The Financial Industry Regulatory Authority, more commonly known as FINRA, has adopted a Code of Arbitration for Customer Disputes (FINRA has a separate code for industry disputes). Under FINRA’s Customer Code, a claim by or...more
In the past few months, two federal appellate courts have had to determine whether parties were bound to arbitrate claims that arose from relationships governed by multiple agreements, only some of which called for...more
The Consumer Financial Protection Bureau has enacted a new rule that will prohibit the inclusion of mandatory arbitration provisions and waivers of federal statutory causes of action in consumer mortgage and home equity loan...more
The “just cause” standard has long been a cornerstone of traditional labor law (under many collective bargaining agreements, employees generally cannot be discharged except with “just cause”). However, the standard also has...more
Resolving a matter of first impression in Florida, the Florida Supreme Court recently issued its decision in Raymond James Financial Services, Inc. v. Phillips, Case No. SC11-2513 (Fla. May 16, 2013), concluding that...more
The first problematic contract provision often found in sports industry contracts are arbitration provisions.
Many sports industry owners beleive that arbitration is a helpful way to resolve contractual disputes...more
MHC Kenworth ruling strengthens enforcement of arbitration provisions, but are they good for your business?
Although public policy generally favors the enforcement of arbitration agreements, Kentucky courts...more
Introduction - The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of “resource nationalism” with resource-rich host states...more
The Truth in Lending Act (TILA) ban on mandatory arbitration provisions in certain mortgage loans becomes effective on June 1, 2013. Lenders now using mortgage loan documentation containing such provisions should take steps...more
While pundits complain about the United States Supreme Court’s diminishing docket, one area of law seems to have increased in popularity with the justices: arbitration law, and in particular the Federal Arbitration Act (FAA)....more
In the American legal system, attorneys’ fees and costs are not recoverable as damages unless expressly authorized by statute. Legal fees are simply a cost of doing business unless the parties to a contract agree otherwise....more
Once in a while it seems the people who design live-action war-based video games get into real-world non-virtual disputes of their own. When “Timegate” promised to “Southpeak” that it would design a videogame named “Section...more
In yet another case addressing the enforceability of mandatory arbitration agreements in California, a Southern California federal district court in Williams v. Department of Fair Employment and Housing recently held that...more
On 22 April 2013, the Council of the European Union (the “Council”) adopted a regulation on online dispute resolution (“ODR”) and a directive on alternative dispute resolution (“ADR”). Tonio Borg, the EU's Commissioner for...more
Christopher Hill, LEED AP discusses further ways that a good construction attorney can assist a construction company to resolve its disputes ...more
In its recent decision in Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003, 2013 U.S. App. LEXIS 9599 (10th Cir. May 13, 2013), the United States Court of Appeals for the Tenth Circuit, applying New York law,...more
Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more
On 1 April 2013, FIDIC issued guidance on how to deal with a contracting party who has failed to comply with a ‘binding’ decision of a Dispute Adjudication Board -
The standard FIDIC form of contract contains a tiered...more
As a thank you to all the subscribers and readers who continue fueling Arbitration Nation’s success, this 100th blog post contains my recipe for the Best Arbitration Agreement Ever. (I know, where did the time go?? The blog...more
Can You Enforce an Arbitration Clause on the Other Side Just Before Trial?
by Gary S. Young on May 10, 2013
The Supreme Court of New Jersey recently considered how late is “too late” to invoke an arbitration clause in a...more
Jacob was in love with Rachel, but he had a problem. What could he offer Rachel’s father Laban for her hand? Not having much, he offered to work for seven years. Laban seemed to find this acceptable, but when the seven years...more
On Jan. 18, 2013, the Supreme People’s Court of China promulgated Judicial Interpretation IV on Several Issues Concerning the Application of Law in Hearing Labor Dispute (the “Interpretation”). The Interpretation went into...more
Compton v. American Management Services LLC, No. B236669 (March 19, 2013): A California Court of Appeal recently held that an arbitration agreement was unenforceable because it was unconscionably one-sided. The agreement,...more
Welcome to the Spring edition of In Site. This edition covers the following topics:
- A brief overview of the “Jackson cost reforms” to civil litigation which came into force on 1 April 2013
- A note of the...more
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