News & Analysis as of

Fees Arbitration

Winstead PC

To arbitrate or not to arbitrate? That is the question.

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It's commonplace for commercial contracts to contain arbitration clauses. But should they? The answer to this question depends on several factors, such as anticipated cost, the importance of confidentiality, the importance of...more

Goodwin

JAMS Release Mass Arbitration Procedures Following AAA’s Lead

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In recent years, plaintiff-side attorneys have increasingly relied on a strategy of “mass arbitration” to force companies into in terrorem settlements, whereby large numbers of claims are settled quickly before the underlying...more

Hudson Cook, LLP

AAA Makes Changes in Attempt to Reign in Mass Arbitration

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Ever heard of "mass arbitration"? If you haven't heard of that term, you may be lucky. By rule of thumb, a "mass" of something isn't necessarily a good thing (unless it's a mass of tacos on my plate)....more

Mayer Brown

JAMS Adopts New Mass Arbitration Rules and Fee Schedules

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For businesses that use consumer and workplace arbitration agreements designating JAMS as their arbitration administrator, there is an important new development: JAMS has announced new Mass Arbitration Procedures and...more

Skadden, Arps, Slate, Meagher & Flom LLP

JAMS Adopts Mass Arbitration Procedures and Guidelines

On May 1, 2024, JAMS, the world’s largest private alternative dispute resolution (ADR) provider, released its Mass Arbitration Procedures and Guidelines (Procedures) and an accompanying Mass Arbitration Procedures Fee...more

Troutman Pepper

JAMS Issues New Mass Arbitration Procedures

Troutman Pepper on

On May 2, JAMS announced its new Mass Arbitration Procedures and Guidelines and Mass Arbitration Procedures Fee Schedule (together, the Procedures), with the express goal to “facilitate the fair, expeditious and efficient...more

Jones Day

New Year, New Mass Arbitration Rules From the AAA

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On January 15, 2024, the American Arbitration Association ("AAA") published updates to its Mass Arbitration Supplementary Rules and Fee Schedule, aimed at streamlining the mass arbitration process and reducing costs....more

Fenwick & West LLP

AAA Issues Updates to Consumer Mass Arbitration Rules and Fee Schedule

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The American Arbitration Association (AAA) recently amended its Supplemental Rules on Mass Arbitrations as well as its fee schedule, in an attempt to streamline these arbitrations. These rules could potentially change the...more

Mayer Brown

American Arbitration Association Adopts New Mass Arbitration Rules And Fee Schedules

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The American Arbitration Association (AAA) has announced updates to its Mass Arbitration Supplementary Rules and its fee schedules for consumer and employment mass arbitrations....more

Benesch

Pricing Litigation: Ten Years In

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Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more

Skadden, Arps, Slate, Meagher & Flom LLP

Modifications to the AAA Supplementary Rules and Fee Schedules Published and Effective Immediately | Insights

On January 15, 2024, the American Arbitration Association (AAA) announced changes to the AAA-ICDR Mass Arbitration Supplementary Rules and Fee Schedules to take effect immediately. The AAA stated in a press release that these...more

Ward and Smith, P.A.

Examining Changes to North Carolina's Law Governing Recovery of Attorneys' Fees in Construction Lien and Payment Bond Disputes

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Legal disputes arising from construction projects commonly involve lien claims (in the case of private construction projects) or payment bond claims (in the case of public construction projects) asserted by a general...more

ArentFox Schiff

No More Surprise Medical Bills: Biden Administration Issues New Rule Governing Arbitration Fees and Takes First Step to Restarting...

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On September 21, 2023, the US Departments of Treasury (DOT), Labor (DOL), and Health and Human Services (HHS) (the Departments) issued new rulemaking governing the administrative fee required to access the arbitration process...more

Ballard Spahr LLP

Channeling Shakespeare, Court Orders Samsung to Pay Millions in Arbitration Fees

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Alleging violations of the Illinois Biometric Information Privacy Act (BIPA), approximately 50,000 Samsung customers filed individual arbitration demands with the American Arbitration Association (AAA) pursuant to an...more

ArentFox Schiff

No More Surprise Medical Bills: In Another Victory for Providers, Texas Court Vacates Administrative Fee and Batching Provisions...

ArentFox Schiff on

On August 3, 2023, health care providers in Texas scored yet another victory when a federal court vacated additional portions of the Biden Administration’s rules governing fee collection and claim batching under the federal...more

Pillsbury Winthrop Shaw Pittman LLP

California Courts Continue Allowing Employees and Consumers to Return to Court Following Late Payment of Arbitration Fees

Some cases have limited California’s statutory right to withdraw from arbitration based on late fee payments, but many others have enforced this strict rule, making timely payment of arbitration fees and carefully worded...more

Patton Sullivan Brodehl LLP

Default Interest Based on Single Late Payment Declared Unenforceable

It is not uncommon for loan agreements to provide for fees, penalties, and default interest in the event of the borrower’s late payment. However, a case recently published by California’s First Appellate District — Honchariw...more

Proskauer - California Employment Law

Employer Waived Right To Arbitration By Failing To Timely Pay Arbitration Fees

Espinoza v. Superior Court, 83 Cal. App. 5th 761 (2022) - Rosa M. Quincoza Espinoza sued her former employer, Centinela Skilled Nursing & Wellness Centre West, LLC, for discrimination and retaliation. The employer filed a...more

A&O Shearman

New Hong Kong Legislation on outcome-related fee structures for arbitration

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On 30 June 2022, Hong Kong enacted framework legislation which introduces legislative amendments aimed at allowing outcome-related fee structures (ORFS) in arbitration and related proceedings (the Amendments). ...more

Jones Day

Conditional Fee Arrangements Now Permitted in Singapore for SIAC Arbitrations and SICC Proceedings

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Features of the New CFA Framework - From 4 May 2022, lawyers in Singapore can enter into CFAs with clients for international and domestic arbitration proceedings (including arbitrations conducted under the SIAC rules) and...more

A&O Shearman

Singapore allows “No-Win, No-Fee” and “No-Win, Less-Fee” arrangements for arbitration and SICC proceedings from 4 May 2022

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Historically, Singaporean law prohibited third party funding arrangements and outcome-related fee structures (ORFS) such as “No-Win, No-Fee” or “No-Win, Less-Fee”. However, other common law jurisdictions, such as England and...more

K&L Gates LLP

Saudi Arabia Approves a New Judicial Fees Law

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As part of its ongoing efforts to improve the judicial system and meet its Vision 2030 goals, Saudi Arabia has approved another new law, Royal Decree No. M16 on Judicial Fees (Judicial Fees Law), which was issued on 8...more

Proskauer - New Media & Technology

Cluttered User Registration Screens Challenge Enforceability of Site Terms

In recent years, courts have issued a host of rulings as to whether online or mobile users received adequate notice of and consented to user agreements or website terms when completing an online purchase or registering for a...more

Epstein Becker & Green

Be Careful What You Wish For: California Federal Judge Compels DoorDash to Conduct – and Pay for – More Than 5,000 Individual...

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It’s no secret that many employers have employees sign arbitration agreements with class and collective action waivers in the hopes of avoiding the massive wage-hour lawsuits that have become so prevalent in the past two...more

Latham & Watkins LLP

A Primer on International Arbitration Costs

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This primer provides guidance on the costs regimes of leading arbitral institutions, with a particular focus on the features that distinguish each regime. Although administrative and tribunal costs represent only a fraction...more

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