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

An Introductory Guide to Arbitration in Asia

International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more

A Federal Ban on Arbitration Agreements in Nursing Homes? Senators’ Comment on CMS Proposed Rule Ignores Congressional Intent and...

In July, the Centers for Medicare & Medicaid Services (CMS) proposed changes to the requirements for long-term care facilities, including implementation of new restrictions on the use of binding arbitration agreements between...more

Draft Kings Class Action Argues Data Leak Revealed “Insider Trading” – But Can Case Survive Arbitration Clause?

Draft Kings and Fan Duel, competing daily fantasy sports (DFS) sites, have been vying for attention by flooding the airwaves with a reported 60,000 commercials this year. However, a recent data leak has resulted in less...more

CFPB Consumer Advisory Board to discuss arbitration at October 22 meeting

The CFPB has announced that its Consumer Advisory Board will meet on October 22, 2015 in Washington, D.C. The meeting, at which Director Cordray is scheduled to give opening remarks, will include a discussion of arbitration,...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

Trans-Pacific Partnership Agreement Includes New Investor-State Dispute Settlement Protections

On October 5, 2015, 12 nations comprising 40% of global economic activity announced the conclusion of negotiations on the Trans-Pacific Partnership. The deal promises to provide comprehensive standards for trade and...more

Employment News Alert: Two Key Employer Victories

AB 465 was vetoed. This bill sought to bar mandatory employment arbitration agreements. This would have caused lawsuits to increase and would have driven up litigation costs for California’s employers. In vetoing AB 465,...more

Third Circuit Adopts Constructive Knowledge Standard To Reverse Vacatur Of Award

The Third Circuit reversed an order vacating an arbitration award after concluding that the plaintiff had waived its right of waiver. In the decision, the Third Circuit joined the First, Second, Eighth, and Ninth Circuits in...more

[Webinar] Arbitration and Other Forms of ADR - Oct. 20th, 12:00pm CDT

In the general course of commercial real estate, conflicts will be resolved, one way or another. Is litigation the only solution? No, the parties to the dispute do have other options: arbitration and other forms of...more

Doctor’s note prescribing “no overtime” was obtained due to labour tensions, not employee’s health: three-day suspension imposed

An employee who obtained a doctor’s note to justify his desire not to work overtime during a labour dispute, deserved a three-day suspension, an arbitrator has held. After the employer announced that it would be reducing...more

CFPB Considering Proposals to Limit Pre-Dispute Arbitration Agreements for Consumer Financial Products and Services, Convenes...

On October 7, the CFPB issued proposals to limit the use of mandatory pre-dispute arbitration agreements, which it contends are often used to evade class action litigation. Under the proposals, the Bureau would seek to...more

Supreme Court Agrees to Review California Rule Invalidating Contractor Arbitration Agreements

On October 1, the U.S. Supreme Court agreed to hear the appeal of a company whose mandatory arbitration agreements with its contractors were deemed invalid by California state courts. Once again, the Court will determine...more

Costs Awards – Who Pays?

The financial stakes in investment treaty arbitration are high. The growing complexity of investment treaty proceedings, coupled with the increasing sophistication of the parties, is pushing up average party costs, which now...more

CFPB Hearing on Arbitration Agreements: Initial Impressions

DWT recently attended a CFPB field hearing on arbitration agreements relating to consumer financial products or services. The CFPB conducted the hearing in conjunction with the agency’s publication of an outline of proposals...more

CFPB Proposes Banning Some Arbitration Clauses, Resurrecting Consumer Contract Class Actions

On October 7, 2015, the Consumer Financial Protection Bureau (CFPB) announced that it is exploring a rulemaking to eliminate the use of certain arbitration agreements in consumer contracts that block consumers from...more

CFPB Determined to Rewrite Consumer Contracts and Feed Class Action Lawyers

On October 7, the CFPB released an outline of proposed rules that would ban consumer financial services companies from using arbitration clauses to prevent consumers from bringing class action lawsuits. The CFPB also...more

CFPB Releases Outline of Proposals to Block Pre-Dispute Arbitration Agreements in Class Litigation

On October 7, 2015, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) released an outline of proposals under consideration to ban class action waivers in contracts for consumer financial products and services....more

CFPB Taking Steps to Ban Class Action Waivers

On October 7, the CFPB announced at a field hearing in Denver, Colorado, that it plans to propose rules via its rule-making authority that would prohibit financial services companies from including class action waivers in...more

CFPB Eyes Consumer Arbitration Clauses

It has only been 24 hours since the Consumer Financial Protection Bureau (CFPB) announced its plans to propose rules limiting the use of arbitration clauses, but the financial services industry is already gearing up to...more

CFPB Proposal Could Open the Door for Class Action Litigation

On October 7, 2015, the Consumer Financial Protection Bureau (“CFPB”) proposed a rule that would severely limit the use of arbitration clauses in many consumer financial agreements and likely increase class action litigation...more

CFPB Proposal Would Make Class Actions More Likely. Here's What's Next.

On Wednesday, October 7, the Consumer Financial Protection Bureau issued proposals that would, if adopted, limit the use of arbitration provisions in contracts for consumer financial products. The CFPB’s proposals would not...more

CFPB Takes Aim at Class Action Waivers in Arbitration

On October 7, 2015, the Consumer Financial Protection Bureau (CFPB) announced that it is considering proposing rules that would prohibit companies from including in consumer contracts arbitration clauses that prevent...more

PAGA In The News – Ninth Circuit Sides with California Supreme Court On Enforcement of PAGA Waivers and California Amends The...

The Ninth Circuit Decision - Delivering a perhaps unexpected blow to employers, the Ninth Circuit sided with the California Supreme Court earlier this week in upholding the state-court-fashioned Iskanian rule, which...more

CFPB Proposes Ban on Class Action Waivers

Today, the CFPB announced at a field hearing in Denver, Colorado that it is considering proposing rules that would prohibit consumer financial services companies from using class action waivers in consumer arbitration...more

Tennessee Supreme Court Holds That State Unconscionability Law Does Not Implicate Concepcion And Is Not Preempted By FAA

The Supreme Court of Tennessee reversed the lower courts’ rulings that a non-mutual arbitration provision in an installment contract on the sale of a manufactured home was unconscionable and unenforceable. In doing so,...more

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