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Alternative Dispute Resolution (ADR) law-news Finance & Banking

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Goodwin

Ninth Circuit Strikes Mass Arbitration Agreement as Unenforceable under California Law

Goodwin on

On October 28, 2024, the Ninth Circuit struck a mass arbitration agreement as unconscionable and unenforceable under California law in Heckman v. Live Nation Ent., Inc., No. 23-55770.  The three-judge panel affirmed the...more

Morgan Lewis

UK Supreme Court Confirms Anti-Suit Injunction in Favour of Foreign-Seated Arbitrations

Morgan Lewis on

The UK Supreme Court recently handed down its judgment in UniCredit Bank GmbH v. RusChemAlliance, reaffirming the English court’s support for arbitration and for holding parties to their agreement to arbitrate. However, to...more

Baker Botts L.L.P.

Challenging Windfall Taxes in the Energy Sector: Klesch Group & Raffinerie Heide v. Federal Republic of Germany

Baker Botts L.L.P. on

On 23 July 2024, a distinguished international arbitral tribunal issued a significant decision on provisional measures in Klesch Group and Raffinerie Heide v. Germany (ICSID Case No. ARB/23/49). The three arbitrators – Mr....more

Carlton Fields

Sixth Circuit Confirms Arbitration Award Despite Argument That Case Was International and Beyond Arbitrator’s Authority

Carlton Fields on

The arbitration award stemmed from the pro se complaint of Joseph Ruzindana for wrongful termination against his former employer, FCA US. In the arbitration, Ruzindana claimed that he was harassed and discriminated against by...more

Fenwick & West LLP

Ninth Circuit Nixes Live Nation’s ‘Unconscionable’ Arbitration Agreement

Fenwick & West LLP on

On October 28, 2024, the Ninth Circuit affirmed the district court’s ruling in Heckman v. Live Nation, finding Live Nation’s Ticketmaster arbitration agreement unconscionable and therefore unenforceable based on their terms...more

McGlinchey Stafford

Litigation Byte (October Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. 4th Circuit Holds Rental Applicant Lacks Standing...more

IR Global

AI: Inevitable, but limited

IR Global on

How should parties seek and agree to ADR, and what advantages does your jurisdiction offer?...more

Ballard Spahr LLP

Ninth Circuit Refuses to Enforce Ticketmaster’s Mass Arbitration Procedures Notwithstanding the Federal Arbitration Act

Ballard Spahr LLP on

We previously wrote about a California federal district court decision in Heckman v. Live Nation Entertainment that denied Ticketmaster’s motion to compel arbitration of Sherman Act antitrust claims based in large part on the...more

Sheppard Mullin Richter & Hampton LLP

Dispute Resolution Considerations in Construction Contracts

During a recent webinar, “Dispute Resolution Considerations in Construction Contracts”, I was joined by my colleagues Chris Kolosov and Emily Anderson to discuss the dispute resolution alternatives available to parties...more

McDermott Will & Emery

IBA Launches Site Visit Model Protocol for International Arbitration

McDermott Will & Emery on

On September 10, 2024, the International Bar Association (IBA) published the Site Visit Model Protocol for International Arbitration (the Site Visit Model Protocol). This comprehensive document sets out international best...more

Proskauer - Employee Benefits & Executive...

Sixth Circuit Again Invalidates ERISA Plan Arbitration Clause

The Sixth Circuit recently reversed a district court’s dismissal, and order requiring arbitration of, a proposed class action alleging fiduciary breaches in connection with the Kellogg Company 401(k) plan. Fleming v. Kellogg...more

ArentFox Schiff

Strategic Use of Arbitration Provisions in Nonprofits’ Contracts

ArentFox Schiff on

In the nonprofit sector, organizations often face unique legal challenges that require efficient and cost-effective dispute resolution mechanisms. Arbitration provisions in contracts can offer nonprofits a strategic advantage...more

EDRM - Electronic Discovery Reference Model

Can AI Replace Human Mediators? Groundbreaking Study Reveals Surprising Results

Artificial Intelligence is no longer just a tool for automating mundane tasks—it’s now stepping into arenas traditionally dominated by human judgment and empathy. One of the most intriguing applications of AI is in dispute...more

White & Case LLP

EVs at a crossroads: Where next for electric vehicle M&A?

White & Case LLP on

The EV industry is facing multiple headwinds in 2024 including consumer pullback, but future dealmaking prospects look solid as buyers seek to safeguard future growth, with China leading the way - Dealmaking in the global...more

Morrison & Foerster LLP - Social Media

Lawrence W. Gallick On Toth V. Everly Well, Inc.

On September 25, 2024, the U.S. Court of Appeals for the First Circuit issued its decision in Toth v. Everly Well, Inc. Socially Aware spoke to Lawrence Gallick (of counsel in Morrison Foerster’s Austin office) about the case...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America -...

US Case Law Update - US Supreme Court Decides That Courts, Not Arbitrators, Must Resolve Questions Over Conflicting Contracts - In May 2024, the U.S. Supreme Court issued an important ruling on the “gateway” issue of...more

Vinson & Elkins LLP

A(nother) Turning Point for Intra-EU ECT Disputes?

Vinson & Elkins LLP on

Two ICSID tribunals have recently upheld Spain’s intra-European Union (EU) jurisdictional objections in two arbitrations pursuant to the Energy Charter Treaty (“ECT”). Both cases arise out of Spain’s decision to modify its...more

Vinson & Elkins LLP

Inspecting The New Int'l Arbitration Site Visits Protocol

Vinson & Elkins LLP on

This September saw the publication of the International Bar Association Site Visit Model Protocol for International Arbitration, offering a framework of rules for conducting site visits in international arbitration. ...more

Lowndes

Why Homebuilders Must Carefully Structure Arbitration Clauses in Contracts

Lowndes on

Arbitration clauses in home purchase agreements and warranties can be powerful tools for resolving disputes efficiently. But as highlighted in a recent Florida appellate case, Osborne v. Drees Homes of Florida, it's essential...more

Clark Hill PLC

Mediation: The Smart Solution for Risk Mitigation, Confidentiality, and Swift Conclusion of Disputes

Clark Hill PLC on

In this article, we briefly outline the current landscape of mediation in Ireland and how it is increasingly a go-to tool for resolving complex disputes. What is Mediation?...more

Faegre Drinker Biddle & Reath LLP

Hoisting Scammers with Their Own Petard with the UDRP

With the widespread availability of domain registration and hosting services and the advent of low-cost generative artificial intelligence (“AI”) software, the creation of fraudulent websites has never been easier—or more...more

Miller Starr Regalia

The Evolving Law of Waiver Under the California Arbitration Act: Predictions for a Post-Quach World

Miller Starr Regalia on

Nearly a century ago, and recognizing the courts’ historic hostility toward arbitration agreements, Congress, followed shortly by the California Legislature, adopted laws intended to “favor” arbitration. In recent decades,...more

JAMS

Global Perspectives on Employment Disputes: Key Lessons From Cross-Border Cases

JAMS on

Navigating employment disputes across borders presents unique challenges for employers and employees alike. Legal frameworks, cultural sensitivities and ethical considerations can vary greatly from one jurisdiction to...more

Mayer Brown

Legal Developments in Construction Law: October 2024

Mayer Brown on

1. AN AGREEMENT TO AGREE IS UNENFORCEABLE – OR IS IT? An agreement to agree is not enforceable.  For example, in a sale of goods contract, price is an essential ingredient, and if still to be agreed between the parties,...more

BakerHostetler

[Event] Protecting the International Project from Catastrophe - November 12th, Houston, TX

BakerHostetler on

Avoiding Risk and Responding to It - You are cordially invited to a panel discussion with industry leaders from the energy sector, hosted by BakerHostetler's Energy, International Trade and International Arbitration and...more

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