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Alternative Dispute Resolution (ADR) Updates

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

Should Your Consumer Arbitration Clause Be Broader?

by Foley & Lardner LLP on

After a Central District of California Judge dismissed a consumer’s Telephone Consumer Protection Act (TCPA) case on a Motion to Compel Arbitration, companies should consider broadening their consumer arbitration provisions....more

The Federal Arbitration Act Does Not Grant Arbitrators The Power To Compel Pre-Hearing Production Of Documents From Non-Parties

by Carlton Fields on

While the FAA grants arbitrators authority to compel non-parties to appear before them and produce documents at a hearing, it does not authorize them to compel pre-hearing production. The Ninth Circuit Court of Appeals joined...more

A closer look at the Judicial Tribunal and its Key Decisions of 2017

by Hogan Lovells on

Since this landmark decision, a number of decisions were made by the JT in 2017 and a definite jurisprudence has emerged. • the JT's decisions giving guidance as to what is a "conflict of jurisdiction";...more

Third Circuit Holds Transfer from Non-Debtor Precludes Liability Under Delaware Fraudulent Transfer Law

In Crystallex Int'l Corp. v. Petróleos de Venez., S.A., Nos. 16-4012, 17-1439, 2018 U.S. App. LEXIS 95 (3d Cir. Jan. 3, 2018), the U.S. Court of Appeals held there could be no fraudulent transfer liability under the Delaware...more

Litigation. Major Russian legislation changes for 2017

by Dentons on

Change in the rules for applying the mandatory pre-arbitration dispute resolution procedure when filing with Russian commercial courts - Amendments to Article 4(5) of the RF Commercial Procedure Code entered into force on...more

Second Circuit Affirms Court’s Confirmation Of Multiple Arbitration Awards

by Carlton Fields on

This matter involved appeals by appellant Best Made Floors Inc. (“Best Made”) from a December 22, 2016 corrected judgment of a district court confirming two arbitration awards in favor of appellees, and from the district...more

Dept. of Education proposes disclosure of pre-dispute arbitration agreements by schools receiving Title IV aid for student...

by Ballard Spahr LLP on

The Department of Education, in an issue paper submitted as part of negotiated rulemaking on its final “borrower defense” rule, is proposing to require schools that use pre-dispute arbitration agreements and class action...more

Mexico Signs ICSID Convention

On January 11, 2018, Mexico became the 162nd country to sign the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention or the Convention)....more

Recent UK Case Law: Worldwide Freezing Orders in the Enforcement of Arbitral Awards

by McGuireWoods LLP on

A High Court in England and Wales recently confirmed the Court’s ability to order a worldwide freezing order (WFO) to aid enforcement of an arbitral award as a judgment of the Court. In the recent decision of Great...more

Employment Law - January 2018

New Tax Bill Deletes Deduction for Sexual Harassment Settlements - Why it matters - Employers, take note: The new Tax Cuts and Jobs Act contains a provision that prohibits deductions for settlements or payments related...more

Fifth Circuit Affirms Court’s Authority To Rule On Question Of Arbitrability And Finds Injunctive Relief Was Not Subject To...

by Carlton Fields on

A Texas federal court determined that, pursuant to the parties’ contract, the dispute was not arbitrable because the plain language of the arbitration clause expressly excluded suits that involved requests for injunctive...more

Is the Inability to Perform the Required Duties of the Job Just Cause for a Public Employee’s Discharge? It Depends. (PART I)

In November 2017, the Commonwealth Court of Pennsylvania issued an opinion concerning an arbitrator’s reinstatement of a state correctional officer (“CO”). The CO was responsible for monitoring inmates who worked on the...more

Seventh Circuit Says: Clear Error Standard Applies To Court Review Of Withdrawal Liability Arbitrator’s CBA Interpretation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit has now applied a clear error standard of review to a withdrawal liability arbitrator’s interpretation of a collective bargaining agreement, thus enhancing the role of the arbitrator in...more

A Court Determines If Motion to Compel Arbitration Is Groundless

by Strasburger & Price, LLP on

In Archer & White Sales v. Henry Schein, Inc., the Fifth Circuit clarified who determines whether a dispute is arbitrable—a court or an arbitrator—when a motion to compel arbitration is “wholly groundless.” In Archer, the...more

Un-Vacated: Arbitration Awards Get Whiplash

Two cases recently fit in one of my favorite categories: those awards that get “un-vacated.” These cases went through arbitration, had that arbitration award vacated by a district court, only to have the award later...more

Court Refuses To Reconsider Arbitrator’s Factual Determinations

by Carlton Fields on

In a case emphasizing the deference courts give to factual findings of arbitrators, a magistrate judge in the Eastern District of New York has confirmed an arbitration award granting damages and attorneys’ fees to a company...more

A Policyholder Perspective on the Unique Challenges of a Three-Way Mediation

I recently participated in a negotiation with an insurer who had denied coverage for an underlying errors and omissions claim in the mid-seven figures. The insurer’s counsel and I exchanged stern letters, each explaining why...more

To Have or Not to Have: Federal Lawmakers Seek to End Private Arbitration of Sex Harassment Claims in Arbitration Agreements

by Clark Hill PLC on

A group of federal lawmakers recently proposed legislation referred to as the “End Forced Arbitration of Sexual Harassment Act” (the “Act”) which, if enacted, would prevent employers from enforcing mandatory arbitration...more

Chris Lazarini Examines Claims Seeking Vacatur on Grounds of Arbitrator Misconduct

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which the plaintiff sought to vacate an adverse arbitration award claiming the arbitration panel misbehaved and prejudiced his rights under the Federal Arbitration...more

Missouri Court Holds Arbitration Clause In Insurance Contract Unenforceable As Against Public Policy And Under Governing Law

by Carlton Fields on

A Missouri district court recently held a mandatory arbitration provision was unenforceable in an insurance coverage dispute after an electrician was injured on the job and won an uncontested judgment in state court against...more

JAMS Employment Matters - Winter 2017

by JAMS on

The Sunk Cost Fallacy: Why Workers Stay with Bad Jobs, Employers Keep Poorly Performing Employees and More Discovery May Backfire - In economics, a sunk cost is any cost that has already been paid and cannot be recovered....more

9th Circuit Finds That FERC Acted Arbitrarily and Capriciously by Awarding Incentive Adders to PG&E for Membership in CAISO

In an opinion issued January 8, 2018, the United States Court of Appeals for the 9th Circuit found that the Federal Energy Regulatory Commission (FERC) had acted arbitrarily and capriciously when it determined that Pacific...more

Failure to Supervise Selling Away Arbitrable as “Connected with Business”

by Burr & Forman on

The Sixth Circuit recently affirmed that failure-to-supervise claims against a brokerage firm over outside business activities it knew nothing about nevertheless were arbitrable under FINRA Rule 12200(2) as “arising in...more

ADR Seen as a Valuable Tool to Address Natural and Weather-Related Disaster Claims

by JAMS on

In a joint interview, two of JAMS most skilled insurance neutrals discuss how ADR can play a role in resolving weather- or disaster-related disputes. Stacy L. La Scala, Esq. is based in southern California and has...more

Shenzhen Creating One Arbitration Center

by Fox Rothschild LLP on

In an attempt to become a modern hub in Southern China for domestic and international arbitration, the Government of Shenzhen announced at the end of December 2017 that it was combining two arbitration centers. The previous...more

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