General Business Alternative Dispute Resolution (ADR) Indigenous Peoples

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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

Eleventh Circuit Refuses To Compel Arbitration In Dispute Between Loan Servicer and Borrower

On October 2, the Eleventh Circuit affirmed a district court’s decision refusing to compel arbitration sought by a servicer in a dispute with a borrower over the terms of a loan agreement. Inetianbor v. Cashcall, Inc. No....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

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

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

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

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...

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

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