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

Commercial Court Refuses To Stay Proceedings Where Arbitration Clause Required Parties To "Endeavour" To Arbitrate A Dispute

In Christian Kruppa v Alessandro Benedetti & anr [2014] EWHC 1887 (Comm), 11 June 2014, the Commercial Court held that a dispute resolution clause that required the parties to "endeavour" to resolve a dispute through...more

Applicability Of Late Payment Of Commercial Debts (Interest) Act 1998 – What Is A "Sufficient Connecting Factor" With England?

In Martrade Shipping & Transport GmbH v United Enterprises Corp [2014] EWHC 1884 (Comm), 12 June 2014, Popplewell J considered the application of the Late Payment of Commercial Debts (Interest) Act 1998 (the 1998 Act) to...more

American Arbitration Association Panel Distinguishes Third Circuit’s Holding in Opalinski

The intersection of class actions and arbitration continues to raise issues for parties to consider in evaluating whether arbitration clauses do or do not permit class actions in arbitration. One such issue involves who gets...more

A New International Option: The "Emergency Arbitrator"

For many years, the common belief was that international arbitration was not suitable for cases in which emergency relief could become necessary. The time required to impanel an arbitration tribunal and the logistics of...more

Arkansas and New Jersey Sidestep Concepcion Hurdle and Declare Consumer Arbitrations Invalid

Two state supreme courts found consumer arbitration agreements unenforceable in the past week: Arkansas and New Jersey. Arkansas grounded its decision on the lack of mutuality in the consumer arbitration agreement (similar to...more

Trade Secret Plaintiff Goes Three Rounds, Takes a Beating

Last week, New York attorney Douglas R. Dollinger asked the Honorable Vince Chhabria of the Northern District of California to reconsider an order sanctioning Dollinger and his client to the tune of $93,365.92 in monetary...more

N.J. Supreme Court Rules that Consumer Arbitration Pact Is Invalid

The court found that the arbitration agreement failed to clearly and unambiguously advise that the plaintiff was giving up the right to pursue statutory claims in court....more

Experts Predict ADR Will Help Resolve ACA Claims

The use of ADR to resolve healthcare-related claims will increase with the implementation of the Patient Protection and Affordable Care Act (ACA). Experts predict the increase will stem from the need to reduce costs as well...more

Denial Of Arbitration Reversed Where Trial Court Failed To Hold Trial To Resolve Disputed Questions Of Fact

The Eighth Circuit reversed a trial court’s decision to deny arbitration, based on the fact that the lower court failed to hold a trial (as required by the FAA) when disputed questions of fact surrounding the parties’...more

To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause

In Kevin Khoa Nguyen v. Barnes & Noble Inc., 2014 U.S. App. LEXIS 15868 (9th Cir. 2014), decided on August 18, 2014, the Ninth Circuit rejected an attempt to bind a consumer to an arbitration clause found in an online terms...more

International Arbitration Newsletter Q3 2014

COUR DE CASSATION QUASHES DECISION THAT DISREGARDED ICC RULE ON TIME LIMITS TO ARBITRATOR CHALLENGES - In the latest installment of a seven-year saga that has captured the attention of the arbitration community, the...more

Tenth Circuit Reverses Trial Court Denial Of Motion To Compel Arbitration Of Wage Dispute

The Tenth Circuit Court of Appeals reversed a trial court order denying an employer’s motion to compel arbitration of a wage dispute under the arbitration clause contained in the plaintiffs’ Confidentiality/Non-Compete...more

The Fifth Circuit examines co-defendants’ acts and the waiver doctrine

The US Fifth Circuit recently examined whether the acts of an arbitration proponent’s co-defendants may be imputed to that proponent for the purposes of determining it had waived its right to arbitrate, especially where the...more

Revised Netherlands arbitration act: ready for 2015 and beyond – 4 essential changes

Last year, we reported on the forthcoming update to the Netherlands arbitration act as proposed in an April 2013 bill for the modernisation of Netherlands arbitration law. The bill (with a number of amendments) passed both...more

Is Your Arbitration Agreement Still Enforceable in Missouri After Baker v. Bristol Care, Inc.?

This summer, the Missouri Supreme Court issued a decision that will affect arbitration agreements relied on by employers across the state. The decision—one of many in a recent trend of Missouri cases restricting the...more

Cour de Cassation quashes decision that disregarded ICC rule on time limits to arbitrator challenges – 2 takeaways

In the latest installment of a seven-year saga that has captured the attention of the arbitration community, the French Supreme Court for civil matters recently quashed a Court of Appeal's decision that disregarded the...more

English court upholds obligation to hold "friendly discussions" before arbitration

In a recent decision, the English Commercial Court has upheld the enforceability of a clause requiring the parties to seek to resolve a dispute by "friendly discussions" prior to commencing arbitration. The decision...more

12 Trends in Employment Discrimination Litigation: Proactive Employers See Fewer Claims

Fresh off a presentation on retaliation claims and defense at The American Conference Institute Employment Discrimination Litigation Conference in New York City, Dinsmore employment attorney Mike Hawkins shared 12 key trends...more

Forum-Selection vs. Arbitration Issue Teeing Up for Supremes

The Second Circuit stayed its mandate last week to allow public-pension litigants to file cert petitions seeking review of its August holding that a subsequent account-agreement forum-selection clause requiring federal-court...more

ICSID tribunal refuses to allow state to recommence criminal investigation that would disrupt arbitration proceedings

In Lao Holdings NV v The Lao People's Democratic Republic, an ICSID tribunal (constituted to resolve Holdings' bilateral investment treaty (BIT) claim against Laos) recently dismissed an application by Laos to modify a...more

Arbitration Denied In Class Action Where Plaintiff’s Trust Was A Party To Arbitration Agreement, But Plaintiff Was Not

In a life settlement transaction, in which a life insurance policy is sold by its owner to another for more than its cash-surrender value but less than the net death benefit, the seller contended that the broker and purchaser...more

End Of The World As We Know It (for Employment Arbitration)?

Cue the R.E.M folks, because the Supreme Court of Missouri issued a 4-3 opinion recently that appears to upend many employment arbitration agreements in that state. Baker v. Bristol Care, Inc., __ S.W.3d__, 2014 WL 4086378...more

EEOC Sues Doherty Enterprises over Mandatory Arbitration Agreement

Restaurant Franchiser Unlawfully Barred New Hires From Filing Discrimination Charges, Federal Agency Charges - MIAMI - Doherty Enterprises, Inc., a regional company that owns and operates over 140 franchise...more

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

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