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Akerman LLP

What Happens When an Arbitration Agreement is Illegible?

Akerman LLP on

The California Supreme Court heard arguments earlier this week on whether an arbitration agreement that is illegible is enforceable. The case raises interesting, if esoteric, legal questions about what constitutes the meeting...more

Akin Gump Strauss Hauer & Feld LLP

SEC & Mandatory Arbitration: Policy Evolution and Supreme Court Precedent

On September 17, 2025, the U.S. Securities and Exchange Commission (the “Commission”) published a policy statement concerning the inclusion of mandatory arbitration provisions in registration statements for investor claims...more

Blake, Cassels & Graydon LLP

Ontario Court Confirms Limited Potential Appeal Rights From “Final and Binding” Arbitral Awards

The Ontario Superior Court of Justice recently affirmed that courts will not second-guess a “final and binding” arbitral award. By refusing leave, the Court signalled that clear intent in an arbitration agreement to bar...more

Morgan Lewis

Singapore Court of Appeal Affirms Finding to Set Aside Arbitral Award for Fair Hearing Breach, But Reverses Remission

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In a recent case before the Singapore Court of Appeal, the court affirmed the High Court of Singapore’s finding of a breach of the fair hearing rule, but disagreed that remission was an appropriate remedy and set aside the...more

Holland & Knight LLP

5 New California Consumer Protection Laws: What Businesses Need to Know

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In October 2025, California Gov. Gavin Newsom signed into law multiple new pieces of legislation with the goal of strengthening consumer protections in California and alleviating financial burdens on working families....more

Akin Gump Strauss Hauer & Feld LLP

International Arbitration: English Court Rules that ICSID & ECT Awards Cannot be Assigned

In a judgment handed down on Monday 10 November 2025, the English Commercial Court (the Court) ruled that arbitration awards made pursuant to the International Centre for Settlement of Investment Disputes (ICSID) Convention...more

JAMS

Artificial Intelligence in ADR: A Neutral’s Evolving Perspective

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Back in April, I spoke on a panel about how JAMS arbitrators are navigating the burgeoning world of artificial intelligence (AI). It was a lively exchange, showcasing the diverse ways my colleagues are integrating AI into...more

Hinch Newman LLP

Lead Gen Terms Ruled Insufficient to Enforce Arbitration Agreement

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The Eleventh Circuit Court of Appeals recently affirmed a lower court ruling that a TCPA related arbitration clause contained in a lead generator’s online terms and conditions was unenforceable against a consumer....more

Blake, Cassels & Graydon LLP

Projet de loi 20 : Dépôt d’un régime de paiement rapide en Colombie-Britannique

Le 7 octobre dernier, le gouvernement de la Colombie-Britannique a déposé le projet de loi 20 à l’assemblée législative de sa province. Ce projet de loi met en œuvre des réformes très attendues qui visent à procurer davantage...more

McGuireWoods LLP

Fifth Circuit Issues Pro-Policyholder Ruling that ADR Proceeding Triggered Insurer’s Duty to Defend and Indemnify

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On October 20, 2025, the United States Court of Appeals for the Fifth Circuit issued a significant decision clarifying that an insurer’s duty to defend under Texas law extends to a contractually mandated alternative dispute...more

Akin Gump Strauss Hauer & Feld LLP

International Arbitration: English Court Considers Rare Section 69 ‘Appeal on Point of Law’.

Last month, the English Commercial Court (the Court) considered a challenge to an arbitral award under Section 69 of the Arbitration Act 1996 (the Act). The decision provided important clarifications on the Court’s approach...more

Thompson Coburn LLP

Key Questions When Mediating Environmental Disputes

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The U.S. Environmental Protection Agency has proposed dramatic changes to environmental regulations in recent months, including its announcement, in March, of what it called the “biggest deregulatory action in U.S. history.” ...more

Procopio, Cory, Hargreaves & Savitch LLP

Those Involved in Private Construction Agreements in California Must Act Now to Prepare for New Claim Resolution Requirements

The clock is ticking for anyone involved in negotiating or administering private construction agreements in California. Beginning January 1, 2026, the Private Works Change Order Fair Payment Act (SB 440) will reshape how...more

CDF Labor Law LLP

Judge Sanctions Class Action Plaintiff’s Counsel For Frivolously Failing to Disclose Arbitration Agreement

CDF Labor Law LLP on

A single error in the date and manner in which a plaintiff purchased avocado oil led to extreme sanctions against Plaintiff’s counsel in a consumer class action case....more

Gray Reed

Six Tips for Defending Tort Claims

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Defending against tort claims is a critical concern for construction and oil and gas companies, as these industries inherently involve high-risk operations both on the road and at the job site. From injuries / fatalities to...more

Saul Ewing LLP

Amendments to Illinois Human Rights Act: Fact-Finding Conferences No Longer Mandatory and New Civil Penalties Introduced

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On August 15, 2025, Governor J.B. Pritzker signed Senate Bill 2487, amending the Illinois Human Rights Act ("IHRA") to make two key changes of which Illinois employers should be aware. The new law takes effect January 1,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Navigating the Storm: Effective Crisis Management

As part of Hong Kong Arbitration Week 2025 programming, on 21 October 2025, Skadden hosted “Navigating the Storm: Effective Crisis Management.”...more

Fishman Haygood LLP

SDNY Finds Evidence that Law Firm Was Used to Advance Fraud on Arbitration Panel, Traversing Privilege Under Crime-Fraud Exception

Fishman Haygood LLP on

The Hon. Lewis J. Leman of the Southern District of New York recently reaffirmed the court’s finding that there was probable cause to believe that the plaintiff in Eletson Holdings v. Levona Holdings committed fraud by...more

Carlton Fields

Louisiana Federal Court Rejects Attempt to Avoid Arbitration, Holds That Arbitration Is Required Under Federal Law

Carlton Fields on

The U.S. District Court for the Eastern District of Louisiana rejected an effort to avoid arbitration based on Louisiana law. The court held that federal law applied and required arbitration of claims against both domestic...more

Oppenheimer Investigations Group

Navigating Retaliation Claims, Part 3: Rebuilding Trust After an Investigation

Welcome to Part 3 in this three-part series exploring how employers can effectively navigate retaliation claims. Part 1 explains the legal landscape for triggering actual or perceived retaliatory activity in a workplace...more

Foley & Lardner LLP

Is Your Private Project Ready for California's New Change Order Law?

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The new year brings a mandatory shakeup to California’s private construction industry. Effective January 1, 2026, Senate Bill 440 — the Private Works Change Order Fair Payment Act (“SB 440”) — will govern how contractors and...more

DLA Piper

OECD’s MAP and APA statistics. What 2024 has changed for Multinational Enterprises

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Last year, in our article “OECD’s 2023 MAP and APA Statistics: Key Insights for Multinational Enterprises”, we analysed the inaugural global statistics on Advance Pricing Arrangements (APAs) alongside the longstanding mutual...more

Skadden, Arps, Slate, Meagher & Flom LLP

An “Island in a Metric Sea”: America and the Metric System

In late 1975, President Gerald Ford had a unique vision for making America great again. He wanted to embrace a French invention – one that Thomas Jefferson himself had championed. He wanted America to go metric. He signed the...more

Best Era

AI Arbitrators Will Destroy the Legal Profession (And That's a Good Thing)

Best Era on

Last week, the American Arbitration Association announced something that should have every lawyer cheering: an AI-powered arbitrator for construction disputes that promises to cut costs by 35% and resolution time by 20%....more

Jones Day

California Mandates Important New Rules for Private Construction Projects

Jones Day on

Beginning with contracts executed on or after January 1, 2026, two new California laws take effect: California Civil Code sections 8850 and 8811. Section 8850 has particularly significant ramifications for construction...more

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