News & Analysis as of

General Business Alternative Dispute Resolution (ADR) Indigenous Peoples

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

North Carolina Federal Court Holds That Arbitration Clause Requiring Panel To Render A Decision Within 30 Days Is Not...

by Carlton Fields on

In July, a federal court in North Carolina held that an arbitration provision which required the arbitration panel to reach a decision within thirty days of their selection was not unconscionable. Arising out of a dispute...more

Federal Court in North Carolina Holds That Impracticability of Arbitration Clause Which Required Decision Within 30 Days of...

by Pepper Hamilton LLP on

Tribal Casino Gaming Enterprise v. W.G. Yates & Sons Constr. Co., 2016 U.S. Dist. LEXIS 86100 (W.D. NC July 1, 2016) - Tribal Casino Gaming Enterprise (the “Casino”) contracted with joint general contractors, W.G. Yates...more

Fourth Circuit Rejects Motion to Compel Arbitration in FDCPA Putative Class Action

by Hinshaw & Culbertson LLP on

Hayes v. Delbert Servs. Corp., No. 15-1170, 2016 WL 386016 (4th Cir. Feb. 2, 2016) - In Hayes v. Delbert Servs., Corp.,the U.S. Court of Appeals for the Fourth Circuit held that an arbitration agreement between the...more

5th Circuit Vacates Arbitration Award Conducted By Wrong Arbitrator Under Wrong Rules

Let’s say your arbitration agreement calls for arbitration administered by JAMS under JAMS rules, but the arbitrator is independent and applies AAA rules, over one party’s objection.  A new decision from the Fifth Circuit...more

Second Federal Circuit Court Refuses To Enforce Arbitration By South Dakota Tribe

Using a different analysis, but reaching the same result as a recent decision from the Seventh Circuit, the Eleventh Circuit agreed that a defendant could not compel arbitration of consumer claims before the Cheyenne River...more

Seventh Circuit Finds Tribal Arbitration Is Unreasonable and Unconscionable

In a victory for advocates who worry that the odds are impossibly stacked against consumers in some arbitral fora, the Seventh Circuit found that a class of borrowers did not have to proceed with arbitration conducted by the...more

The Hualapai Grand Canyon Disputes Continue

by Dickinson Wright on

The Hualapai (pronounced wah-lah-pie) Tribe has about 2,300 members, 1,300 of whom live on the Tribe’s northwest Arizona reservation. The enormous reservation borders the Colorado River and includes portions of the West Rim...more

The Illusion of Federal Jurisdiction in Tribal Contracts

by Dickinson Wright on

Contracts with Indian tribes should specify a venue for disputes arising from those agreements. A common mistake for attorneys drafting agreements involving tribes is to assume that federal courts automatically have subject...more

Gaming Legal News - March 27, 2013 • Volume 6, Number 8

by Dickinson Wright on

In This Issue: - NEGOTIATING DISPUTE RESOLUTION WITH INDIAN TRIBES: DON’T DO IT ALONE: Indian tribes enjoy sovereign immunity from civil suits arising from contractual relationships, even if the contracts are...more

Gaming Legal News - September 27, 2012 • Volume 5, Number 20

by Dickinson Wright on

In This Issue: - AT LONG LAST, TRIBAL i-GAMING IS ON! (WELL, SORT OF….) by Dennis J. Whittlesey: Over the past several years, a major topic of discussion at virtually every gaming conference in the United States...more

THE QUEST FOR THE HOLY GRAIL OF SOCIAL JUSTICE: SUBSTANTIVE & PROCEDURAL LAW PROVISIONS FOR AMICUS CURIAE IN INVESTOR-STATE ICSID...

by Mary B. Ayad on

The Holy Grail of ICSID Arbitration is social justice. Amicus Curiae is the Grail Castle that holds the sacred chalice of ICSID’s salvation. This paper comments on both the procedural and substantive law of amicus...more

11 Results
|
View per page
Page: of 1
Cybersecurity

Follow General Business Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.