Civil Procedure, Commercial Law & Contracts, Alternative Dispute Resolution (ADR)

Promotion Of Arbitration In The 21st Century

by Brian A. Berkley, Benjamin Eichel, Ryan E. Peters | Pepper Hamilton LLP on 5/17/2013

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

Arbitral Award of Perpetual License Upheld by Fifth Circuit

by JAMS, The Resolution Experts on 5/15/2013

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

Tenth Circuit Holds Underlying Securities Claims Interrelated

by Traub Lieberman Straus & Shrewsberry LLP on 5/14/2013

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

Appellate Notes: Week of April 18th

by Edward McCreery III | Pullman & Comley, LLC on 5/14/2013

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

New FIDIC Guidance: Should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become...

by Gordon Bell, Elinor Crowther | Reed Smith on 5/13/2013

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

Chinese Supreme Court Guidelines Make It Easier for Employers to Enforce Non-Compete Covenants

by Ron Cai, Victoria Ding | Davis Wright Tremaine LLP on 5/6/2013

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

One-Sided Arbitration Agreement Found Unconscionable By California Court

by Thomas McInerney | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/30/2013

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

In Site Spring 2013

by Kevin Greene, Inga Hall, Jamie Olsen | K&L Gates LLP on 4/30/2013

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

Court of Appeal Finds Arbitration Clause with Low Level of Unconscionability Allows for Compelled Arbitration

by June D. Coleman, Danielle Teeters | Kronick, Moskovitz, Tiedemann & Girard on 4/30/2013

Sued over financing terms, a used car dealer and a financing corporation asked a trial court to compel arbitration based on an arbitration clause in the sales agreement. The trial court disagreed, finding the arbitration...more

Florida Supreme Court Makes Clear That Concepcion Is Valid And Binding In Florida

by Allison Kirkwood | Carlton Fields on 4/29/2013

In light of the Florida Supreme Court’s recent ruling in McKenzie Check Advance of Florida, LLC v. Betts, 38 Fla. L. Weekly S223, 2013 WL 1457843 (Fla. April 11, 2013), it is now clear that Concepcion applies to class action...more

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

by Brian Martin, Amy L. Pierce, Christine Scheuneman, Nathaniel Smith | Pillsbury Winthrop Shaw Pittman LLP on 4/25/2013

Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”)...more

Ninth Circuit Enforces Student Loan Arbitration Agreement

by BuckleySandler LLP on 4/24/2013

On April 11, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that a national bank could compel arbitration of a dispute involving student loans. Kilgore v. KeyBank, Nat’l Ass’n, No. 09-16703, 2013 WL...more

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

by Demetrius Lambrinos | Zelle Hofmann Voelbel & Mason LLP on 4/24/2013

I. Introduction - There has been much debate concerning the scope of the Supreme Court’s recent decision in AT&T Mobility LLC v. Concepcion, and the enforcement of collective arbitration waivers — also called “class...more

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

by Joseph Kovars | Ober|Kaler on 4/22/2013

Two recent cases highlight the pitfalls facing construction parties -- owners, contractors and subcontractors -- when they use fairly common contract clauses that address how they want disputes decided. In one case, the...more

Lawyers Claim Carnival Nightmare Cruise Employees Overworked

by Aaron Kase | Lawyers.com on 4/22/2013

At the root of an uptick in cruise ship mishaps and disasters may be overworked and fatigued crew members, a maritime law firm is claiming. The spread of foreign arbitration clauses in employee contracts that prevent workers...more

The Kinkade Case, Or How Not to Conduct an Arbitration

by JAMS, The Resolution Experts on 4/17/2013

While all arbitrators aim for the highest level of quality control, errors occur. Sometimes these errors are pretty egregious, which is why we always recommend using a trusted and well-respected ADR provider and arbitrator....more

Ninth Circuit Delivers a Key Victory for Consumer Arbitration

by Alan S. Kaplinsky, Mark J. Levin | Ballard Spahr LLP on 4/16/2013

Proponents of consumer arbitration have been buoyed by a Ninth Circuit opinion issued on April 11, 2013, that underscores the dramatic impact that AT&T Mobility, LLC v. Concepcion has had on the enforcement of consumer...more

Waiver Of Right To Arbitrate: To Move or Not to Move: Calculating the Risk Of Waiving the Right to Arbitrate in a Shifting...

by Sandra McCallion | Cohen & Gresser LLP on 4/12/2013

The U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740, 2011 BL 110648, 79 U.S.L.W. 4279 (U.S. 2011), has been characterized as a ‘‘game changer’’ in the arbitration arena. Concepcion overturned...more

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Civil Procedure › Commercial Law & Contracts › Alternative Dispute Resolution (ADR)

Promotion Of Arbitration In The 21st Century

Arbitral Award of Perpetual License Upheld by Fifth Circuit

Tenth Circuit Holds Underlying Securities Claims Interrelated

Appellate Notes: Week of April 18th

New FIDIC Guidance: Should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become...

Chinese Supreme Court Guidelines Make It Easier for Employers to Enforce Non-Compete Covenants

One-Sided Arbitration Agreement Found Unconscionable By California Court

In Site Spring 2013

Court of Appeal Finds Arbitration Clause with Low Level of Unconscionability Allows for Compelled Arbitration

Florida Supreme Court Makes Clear That Concepcion Is Valid And Binding In Florida

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

Ninth Circuit Enforces Student Loan Arbitration Agreement

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

Lawyers Claim Carnival Nightmare Cruise Employees Overworked

The Kinkade Case, Or How Not to Conduct an Arbitration

Ninth Circuit Delivers a Key Victory for Consumer Arbitration

Waiver Of Right To Arbitrate: To Move or Not to Move: Calculating the Risk Of Waiving the Right to Arbitrate in a Shifting...

Customizing an International Arbitration Clause: Strategies for Success

Court of Appeal Applies Massachusetts Law To Deny Enforcement Of An Employment Arbitration Agreement

Li v. Standard Fiber, LLC, C.A. No. 8191-VCN (Del. Ch. Mar. 28, 2013) (Noble, V.C.)

Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application Of Concepcion

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

Employment Contract’s Choice-Of-Law Provision Governs Question of Arbitrability, Court of Appeal Rules

California Appeals Court Enforces Retail Installment Sales Contract Arbitration Agreement.

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