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Law Brief®: Jonathan Temchin and Richard Schoenstein Explore Arbitration
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Employment Law Now VI-114-Banning Arbitration of Sexual Harassment/Assault Claims
Update and Discussion on Legal and Practical Issues
Overview - In RH20 North America Inc. v. Bergmann, the Ontario Court of Appeal affirmed that a motion to strike arbitrable claims amounts to a waiver of the right to arbitrate and disentitles the moving party to a stay of...more
Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate...more
The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling, found that a bellwether provision related to mass arbitrations was unconscionable. Avia...more
If the agreement between a creditor and debtor refers disputes to arbitration, what limits should be placed on the creditor to pursue winding-up proceedings based on an unpaid debt under that agreement? Should a court simply...more
On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though...more
Arbitration is an underutilized tool in Arizona family law cases. Put simply, arbitration is a dispute resolution process where an agreed-upon third party—the arbitrator—resolves a family law dispute outside of a traditional...more
I’m glad that the Sixth Circuit has joined other Federal appeals courts in stating that arbitration provisions are invalid as a prospective waiver of rights and remedies guaranteed under ERISA....more
Arbitration is a popular mode of alternative dispute resolution in Hong Kong, used increasingly in cross-border commercial disputes and among international parties. In 2023, the Hong Kong International Arbitration Centre...more
Russia's invasion of Ukraine in 2022 has changed the legal landscape for commercial parties contracting with Russian counterparts in multiple ways. This Legal Insight considers how commercial parties have sought the...more
In M&A purchase agreements, the parties may stipulate certain non-judicial means for dealing with claims under the agreement (e.g., arbitration or mediation). These ADR provisions will govern how disputes between the parties...more
The plaintiff sued the trustee of his retirement plan, his former employer, and others for breach of fiduciary duties in connection with the plan’s purchase of shares of the employer’s parent company for more than fair market...more
A recent ruling by the U.S. Court of Appeals for the Seventh Circuit affirming a decision compelling arbitration provides a “how to” guideline for using online terms and conditions to form a binding agreement....more
As reported in Public Citizen’s Consumer Law & Policy Blog, the Pennsylvania Supreme Court recently agreed to review Chilutti v. Uber Technologies, Inc., in which a divided panel of the Pennsylvania Superior Court (and later...more
In Sacramento Drilling Inc. v National Casualty Co., the U.S. District Court for the District of Oregon addressed an amended motion to compel arbitration brought by defendant National Casualty Co. seeking to limit arbitration...more
Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...more
In SYL v GIF [2024] HKCFI 1324 (date of judgment: 20 May 2024), the Hong Kong Court of First Instance (“the Court”) set aside an Interim Award made by the arbitral tribunal (“Tribunal”) in an HKIAC-administered arbitration....more
Decisions rendered in an arbitration proceeding are usually final, meaning they are not appealable. Frequently, this is highlighted as one of arbitration’s advantages. Many—if not most—agreements to arbitrate expressly...more
Two U.S.-based arbitral institutions and two international institutions recently released global caseload data from 2023. The American Arbitration Association–International Centre for Dispute Resolution (AAA-ICDR) experienced...more
The U.S. District Court for the Southern District of New York denied a petition to vacate a $65 million arbitration award based on the petitioner’s argument that the arbitrator’s decision was in “manifest disregard of the...more
Several changes impacting employers in jurisdictions across the nation are summarized in our latest blog post. California - Effective July 1, 2024- On July 1, 2024, Governor Newsom signed Assembly Bill 2288 (A.B. 2288)...more
Issues surrounding unconscionability and severance are commonplace in motions to compel arbitration, especially in California. Under California Civil Code section 1670.5, a court has three options when presented with an...more
The D.C. Circuit has approved a backdoor challenge to the validity of an international arbitration award, finding that a challenge to counsel's authority to enforce an award can never be forfeited....more
In a recent legal dispute, Mahram v. The Kroger Co., a California Court of Appeal delivered a decision that may have implications for employment arbitration agreements. Although the case at hand involved a consumer...more
In August 2000, the California Supreme Court handed down a landmark ruling that changed the face of employment arbitration agreements going forward. That case, known as Armendariz v. Foundation Health Psychcare Services,...more
A significant number of employers are opting to elect mandatory arbitration of potential disputes with employees as an alternative to state or federal courts. In some circumstances, arbitration can be quicker than litigation,...more