Stinson Leonard Street - Arbitration Nation

Arbitration Clauses Survive Their Contracts 99% Of The Time

The Sixth Circuit recently answered a question I get asked regularly: does an arbitration clause survive the termination of the contract containing it? I usually say yes, and thankfully the Sixth Circuit backed me up…more

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

Incorporating Arbitration Agreements By Reference: The Key Is Reasonable...

In recent months, three federal circuit courts have confronted this question: can a defendant compel arbitration even in the absence of a signed written agreement containing an arbitration clause? The answers were yes, no, and…more

| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor...

What A-Rod Can Teach About A-rbitration

Arbitration is in the news. Not just a buried paragraph in the business section, but the front page. (A three-arbitrator panel issued a 34-page arbitration award finding Major League Baseball was justified in suspending…more

| Alternative Dispute Resolution (ADR), Art, Entertainment, & Sports Law,...

West Virginia Has A Change Of Heart About Arbitration

A few months ago, you would have reasonably thought that West Virginia was one of the most anti-arbitration states in the country. There was not an unconscionability argument that the state didn’t seem to buy with respect to…more

| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor...

3d Circuit Says Delaware Can’t Have Secret Arbitrations By Judges

The Third Circuit ruled last week that Delaware’s Chancery Court could not offer its judges’ services as neutral arbitrators in its courtrooms, unless those arbitrations were open to the public. In 2009, the Delaware…more

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

SCOTUS Set To Hear At Least One Arbitration Case This Term

The U.S. Supreme Court has been knocking out blockbuster arbitration opinions annually in recent years. 2010? Stolt-Nielsen and Rent-a-Center. 2011? Concepcion. 2012? CompuCredit (Okay, that does not qualify as a…more

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

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