Arbitration

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
News & Analysis as of

Third Circuit: Federal Court Should Decide Whether An Arbitration Clause Authorizes Classwide Arbitration – Not The Arbitrator

The Third Circuit recently was presented with the question of whether, in the context of an otherwise silent contract, the availability of classwide arbitration is to be decided by a court rather than an arbitrator. The...more

New avenues for arbitral award enforcement in the UAE?

One of the most paramount questions on any claimant’s mind when entering into a dispute resolution process in the Middle East (such as an arbitration) might be the eventual enforceability of a successful award against some...more

A Check in the “Win” Column for Broker-Dealers!

The Second Circuit recently issued a single opinion for two cases [Goldman Sachs & Co. v. Golden Empire Sch. Fin. Auth., No. 13-797-cv (2d Cir. Aug. 21, 2014) and Citigroup Global Mkts. Inc. v. N.C.E. Mun. Power Agency, No....more

Corporate Insurance Trends 2014

Although we are seeing the tail end of many of the claims which arose from the Global Financial Crisis, the sophisticated plaintiff’s bar and ever-developing class action landscape means that companies and their officers will...more

Your Collective Action Waiver May Not Survive in a Vacuum: 6th Circuit Says Arbitration Was Key to Enforcing Waiver of FLSA Claims

The Sixth Circuit Court of Appeals recently noted in Killion et al. v. KeHE Distrib., LLC, Nos. 13-3357/4340 (6th Cir. Jul. 30, 2014) that it was the first appellate court to tackle head on the question of whether a...more

Polsinelli Podcasts - Protecting Policy Holders From Arbitration Bias [Video]

Private arbitrations have become a major commercial enterprise in part because they appear to present a desirable alternative to traditional litigation. Commentators often claim that arbitration is less formal, less expensive...more

Employee’s lack of knowledge of OHSA was factor in denying him promotion; employee’s grievance dismissed

An employee’s lack of knowledge of safety laws was a proper consideration in his employer’s decision to deny him a promotion, a labour arbitration board has decided. The employee, a unionized mechanic with the City of...more

Missouri Courts Scrutinize Employment Arbitration Agreements

Demonstrating once again that Missouri may be the most difficult state in which to enforce an employment arbitration provision, the Missouri Supreme Court in Baker v. Bristol Care, Inc., et al. invalidated an employment...more

Arbitration Agreement On Barnes & Noble’s Website Not Enforceable

In a case between an on-line customer and Barnes & Noble, the Ninth Circuit recently refused to enforce the arbitration agreement found in the website’s “Terms of Use.” Nguyen v. Barnes & Noble Inc., __ F.3d__, 2014 WL...more

New AAA Consumer Arbitration Rules Effective September 1

The American Arbitration Association (AAA) launched new Consumer Arbitration Rules that became effective on September 1. The new Consumer Arbitration Rules, comprised of 55 rules, replace the eight rules in the...more

Missouri Supreme Court Redefines Adequate Consideration for Enforcing Arbitration Agreements

Continued at-will employment is no longer sufficient consideration to enforce arbitration provisions in Missouri. In Baker v. Bristol Care, a recent decision of the Missouri Supreme Court, a slim majority of the Court struck...more

Too Late to Compel Arbitration? Think Again!

In recent years, more and more employers are considering requiring employees to bring any claims arising out of the employment relationship in a private forum such as an arbitration. The American Arbitration Association...more

Incurred Treatment

A recent Appeal decision by Director’s Delegate Evans provides some guidance on the requirement that treatment be “incurred” before it is payable under the Statutory Accident Benefits Schedule, Accidents on or after November...more

Second Circuit Defines “Customer” for Mandatory FINRA Arbitration

In a case of first impression, the United States Court of Appeals for the Second Circuit in Citigroup Global Markets, Inc. v. Abbar, No. 13-2172, 2014 WL 3765867 (2d Cir. Aug. 1, 2014), established a bright-line definition of...more

Missouri Court Denies Reconsideration Of Order Quashing Subpoena Of Un-Issued Arbitration Award

Lincoln Memorial Insurance Company and Hannover Life Reinsurance Company of America became engaged in a long-running reinsurance dispute, arising from an allegedly fraudulent scheme by Lincoln and others in the sale of...more

Second Circuit Holds Contractual Forum Selection Clause Supersedes FINRA Mandatory Arbitration Rule

On August 21, the US Court of Appeals for the Second Circuit decided two closely watched appeals regarding the intersection of Financial Industry Regulatory Authority, Inc. rules regarding mandatory arbitration of disputes...more

California Court Determines Arbitrator Must Decide Whether Class Claims Are Subject to Arbitration Agreement

When an employee who has signed an arbitration agreement files a lawsuit alleging individual claims along with class action claims, and the trial court has ordered him to take his individual claims to arbitration, what...more

Court of Appeals Upholds Employer’s “Incomplete” Mandatory Arbitration Agreement

In a development that was all too scarce just a few years ago, another California court has issued a decision upholding a mandatory employment arbitration agreement. In Cruise v. Kroger Co., the California Court of Appeals...more

The Pros and Cons of Employment Arbitration Agreements

In recent years, the area governing employment arbitration agreements has evolved rapidly. That evolution accelerated in June, when the California Supreme Court issued a watershed decision in Iskanian v. CLS Transportation,...more

Second Circuit Finds That Forum Selection Clauses Supersede FINRA Arbitration Rule

On August 21, the U.S. Court of Appeals for the Second Circuit held that forum selection clauses, requiring “all actions and proceedings” related to the transactions between the parties to be brought in court, supplant...more

Corporate and Financial Weekly Digest - Volume IX, Issue 34

In this issue: - Oregon State Court Refuses to Enforce Forum Selection Bylaw - SEC Announces Pilot Program to Widen Tick Sizes for Smaller Companies - NFA Issues Notice Setting Effective Date for Risk...more

Business and Commercial Litigation Newsletter – #43

We are pleased to present the 43rd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address whistleblower protections under the Dodd-Frank Act, trade...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

Court Limits the Enforceability of "Browsewrap" Terms of Use—Best Practices in Online Contracting

In an important decision regarding the viability of so-called "browsewrap" agreements, the United States Court of Appeals for the Ninth Circuit—which covers California, among other states—recently affirmed a district court's...more

Want to Arbitrate Employee Disputes? Keep Your Paperwork!

Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many companies continue to consider their use as a means to mitigate...more

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