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Alternative Dispute Resolution (ADR) law-news Civil Remedies

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Littler

California High Court Limits Use of Formatting and “Fine Print” Arguments to Defeat Arbitration

Littler on

The California Supreme Court (the “Court”) has confirmed that an arbitration agreement’s formatting—standing alone—does not render its terms substantively unconscionable, even where the text is difficult to read.1 The Court...more

A&O Shearman

UK FOS Publishes Q3 2025/26 Complaints Data Showing Decline In Case Levels

A&O Shearman on

The UK Financial Ombudsman Service (FOS) has published its Q3 2025/26 complaints data, revealing a notable decline in case volumes to 47,300 complaints, down from 68,400 cases in the same period in 2024/25. This includes a...more

McDermott Will & Schulte

A newly devised clause to strengthen cross-border enforcement of monetary judgments

Enforcing monetary judgments across borders remains a significant challenge for international businesses. Even where a final court judgment has been obtained, recovery can be delayed or frustrated by inconsistent recognition...more

Thompson Coburn LLP

Fuentes v. Empire Nissan: Heightened Scrutiny for Arbitration Agreement Unconscionability

Thompson Coburn LLP on

In Fuentes v. Empire Nissan, Inc., the California Supreme Court recently issued an opinion calling on courts to “closely scrutinize” arbitration agreements for substantive unconscionability where there is extreme procedural...more

Seyfarth Shaw LLP

California High Court Says Contract Illegibility Warrants Increased Substantive Scrutiny

Seyfarth Shaw LLP on

The California Supreme Court held that illegibility and tiny font are matters of procedural, not substantive, unconscionability. However, courts must closely scrutinize the terms of hard-to-read agreements for unfairness, and...more

Montgomery McCracken

Vacated But Not Forgotten: The Pennsylvania Supreme Court Leaves the Future of Online Arbitration Agreements in Pennsylvania...

Montgomery McCracken on

For those waiting to see whether the Pennsylvania Supreme Court would clarify the law on consumer assent to online arbitration agreements in Chilutti v. Uber Technologies, Inc., its January 21 opinion was anticlimactic....more

Hogan Lovells

Reform of the German Arbitration Law: Re-initiation of the legislative process for a modernised arbitration law

Hogan Lovells on

Germany has resumed the legislative process for the long-awaited reform of its arbitration law following its interruption in the previous, shortened parliamentary term. The proposed reform is in line with Germany's efforts...more

Miles Mediation & Arbitration

Inside the Mind of Negotiators: Tips From a Mediator

Anytime I have tried to negotiate anything, be it the purchase of a car or house or a truce with my wife or kids, I always wished I could read the other person’s mind. Wouldn’t it be great if we knew from the get-go how much...more

Hogan Lovells

Tribunal's failure to engage with new argument raised in closing submissions not sufficient ground to challenge award for...

Hogan Lovells on

Arbitration awards rendered in arbitrations seated in England and Wales may be challenged in the English courts in only the limited circumstances set out in ss.67 to 69 of the Arbitration Act 1996 (the Act). Section 68...more

Hogan Lovells

English courts support arbitration and take a hard line on anti‑suit injunction breach, finding a company and its director guilty...

Hogan Lovells on

A recent judgment of the English Commercial Court in V Ships Ltd v Luna Management Corp [2025] EWHC 3329 (Comm), illustrates not only the willingness of the English courts to grant anti‑suit injunctions (ASIs) to restrain...more

Proskauer - California Employment Law

Another “Nuclear” Verdict Against A California Employer — $52 Million!

Barely a month into 2026, and a California jury has delivered another massive verdict in an employment case, awarding $52 million to five former employees following a whistleblower retaliation trial in Los Angeles. (Williams...more

CDF Labor Law LLP

California Supreme Court “Clarifies” Standard for Enforcement of Illegible Arbitration Agreements

CDF Labor Law LLP on

In employment cases, Plaintiff’s claim that arbitration agreements with small or blurry print should not be enforced as substantively and procedurally unconscionable due to the difficulty in reading the words in the contract....more

Nelson Mullins Riley & Scarborough LLP

First Circuit Appears Skeptical About Aspects of Mass. Data Law; Urges Negotiated Resolution

At least one member of a panel of the U.S. Court of Appeals for the First Circuit said she was “troubled” by aspects of the Massachusetts Data Access Law—approved overwhelmingly by voters in a November 2020 ballot...more

Miles Mediation & Arbitration

The ABCs and XYZs of Mediation

Many of us learned our alphabet in elementary school, if not before. That same alphabet can apply to mediations. As a longtime mediator and former judge, I’d like to introduce you to the ABCs — and XYZs — or mediation. Read...more

Littler

Puerto Rico Supreme Court Enforces Private Employment Arbitration Clauses under Act 100 Discrimination Claims

Littler on

In Kendall Hope Tucker v. Money Group, 2026 TSPR 9, 217 DPR ___ (2026), the Supreme Court of Puerto Rico addressed the enforceability of an arbitration clause contained in a private employment contract in the context of a...more

Quarles & Brady LLP

California Supreme Court Addresses Enforceability of “Visually Impenetrable” Arbitration Provision

Quarles & Brady LLP on

On February 3, 2026, the California Supreme Court issued its decision in Fuentes v. Empire Nissan, Inc. In this decision, which dealt with an illegible arbitration provision, the Supreme Court reversed the lower court and...more

Maison Law

Appeals in California Personal Injury Cases: When and How to Challenge a Verdict

Maison Law on

If you've recently lost a personal injury lawsuit or arbitration case in California, you might be interested in filing an appeal. However, the process can be a little complicated, especially if this is your first time dealing...more

Miles Mediation & Arbitration

Talk it Through: Mediation as an Option for Termination Cases

No matter how carefully they’re handled, letting someone go can stir up a mix of emotions: anger, disappointment, embarrassment, and fear. It’s not just the employee, however, who feels the weight of the situation. For...more

Nutter McClennen & Fish LLP

SJC Hears New Prompt Pay Act Case

This week, the Massachusetts Supreme Judicial Court (SJC) heard argument on a Prompt Pay Act (PPA) dispute, J.C. Cannistraro, LLC v. Columbia Construction Co. The Cannistraro case comes on the heels of the SJC’s first...more

Hogan Lovells

Establishing strong contractual foundations to weather the cross-winds in a volatile world

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You may be a trading house with stakes in battery supply chains that cross continents, a commodities trader with worldwide investments and trading relationships, a mining company or investor with African assets, or have one...more

Akin Gump Strauss Hauer & Feld LLP

International Arbitration: AI Arbitrator Launched by the AAA-ICDR

The American Arbitration Association – International Centre for Dispute Resolution (AAA-ICDR) has launched an artificial intelligence (AI) arbitrator tool (the AI Arbitrator) that will reportedly deliver speedy, efficient and...more

WilmerHale

Guideline II(D) of the ICCA Guidelines and the Regulation of ‘Guerrilla Tactics’

WilmerHale on

Debates regarding the regulation of counsel conduct in international arbitration proceedings tend to generate more heat than light. Much has been said about the absence of a set of universal standards that can be applied...more

Jackson Lewis P.C.

PR Act 100 Discrimination Claims: Puerto Rico SC Confirms Compulsory Arbitration

Jackson Lewis P.C. on

The Puerto Rico Supreme Court issued a significant ruling in Tucker v. Money Group, LLC, 2026 T.S.P.R. 9 (Jan. 27, 2026), holding that individual employees who sign valid arbitration agreements must arbitrate discrimination...more

Jackson Lewis P.C.

Arbitration Agreement’s Illegible Print Not Automatically Invalid as Unfair

Jackson Lewis P.C. on

The California Supreme Court held in Fuentes v. Empire Nissan, Inc. (Feb. 2, 2026) that small or blurry print in an arbitration agreement does not automatically invalidate the agreement as unconscionable. Instead, the Court...more

Perkins Coie

Arizona District Court Underscores the Importance of Robust E-Signature Authentication for Enforcing Arbitration Agreements

Perkins Coie on

In Parrish v. Vulcan Materials Company, 2025 WL 2710407 (D. Ariz. Sep. 23, 2025), the U.S. District Court for the District of Arizona granted an employer’s motion to compel arbitration, holding that a valid arbitration...more

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