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Alternative Dispute Resolution (ADR) Updates

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

GAO Finds That Proposal’s Mention of Arbitration Agreements Warrants Sustaining Protest

by Jones Day on

The Situation: GAO sustained a protest challenging a task order award where the awardee's proposal included letters of intent that mentioned an arbitration agreement that was required as a condition of employment. The...more

CFPB’s Arbitration Rule Dies at Hands of Senate and President

by Goodwin on

Three months after the U.S. House of Representatives voted on July 25, 2017 to block the Consumer Financial Protection Bureau’s (CFPB) Arbitration Rule, the U.S. Senate followed suit. On October 24, 2017, the Senate passed a...more

The New DIAC Arbitration Rules 2018

by Hogan Lovells on

The most prominent development during Dubai Arbitration Week 2017 last week was the announcement from the Dubai International Arbitration Centre (the "DIAC") that they will soon release and enact the new DIAC Arbitration...more

New home for AFSA and CAJAC

by Hogan Lovells on

New home for the Arbitration Foundation of Southern Africa and the China-Africa Joint Arbitration Centre Johannesburg From 4 December 2017, the Arbitration Foundation of Southern Africa (AFSA) and the China-Africa Joint...more

CV Stealth – Arrest of Vessel Under Shelltime 4 – Causation

by Reed Smith on

By way of follow up to our blog on this matter dated 3 May 2016, the Commercial Court heard a further arbitration appeal earlier this month arising out of the detention of the vessel at Puerto la Cruz on 19 September...more

Make Your Online Terms of Service "Uber" Enforceable

by Partridge Snow & Hahn LLP on

Are your online Terms of Service enforceable? Businesses should review their account registration process in light of a recent court decision. In Meyer v. Uber Technologies, Inc., the U.S. Court of Appeals for the Second...more

Reframe the Game: A Winning Paradigm for Mediating Sports Cases

by JAMS on

“My ego demands — for myself — the success of my team.” — Bill Russell I had the opportunity to mediate a high value business dispute a few years back. The CEO of one of the parties, a globally recognized sports...more

Employment Law - November 2017 #2

California Court Tosses Arbitration Agreement ‘Permeated’ by Unconscionability - Why it matters - Concluding that an arbitration agreement was both substantively and procedurally unconscionable, a California appellate...more

High Court Ruling Helps Protect Confidentiality of Arbitral Awards

by Latham & Watkins LLP on

The High Court recently held that a party was not free to disclose an arbitral award even though that award had already entered the public domain. Notably, the ruling may have significant implications for parties considering...more

Don't Rely on the Courts to Score at Arbitration

by Faegre Baker Daniels on

In the recent football case of Bony v Kacou & Ors [2017 EWHC 2146 (Ch)], the High Court was asked to consider whether an arbitration agreement would be implied into a contract. The FA Rules of Association - The Football...more

Embracing ADR

by JAMS on

In recent years, large companies have embraced arbitration as their preferred method of dispute resolution, particularly in international disputes with suppliers, customers and business partners. In fact, 90 percent of...more

Financial Services Weekly News - November 2017 #3

by Goodwin on

Editor's Note - A Rare Example of Common Sense From Washington. On November 13, Senate Banking Committee Chairman Mike Crapo (R-Idaho) and four Democratic members of the committee announced an agreement on legislative...more

CFPB News: Supervisory Highlights, Consumer Protection Principles

In the latest roundup of Bureau of Consumer Financial Protection (CFPB or the Bureau) news, the Bureau published another edition of Supervisory Highlights, released nonbinding Consumer Protection Principles and was officially...more

District Of Colorado Affirms FINRA Arbitration Award

by Carlton Fields on

A Colorado federal court affirmed a FINRA arbitration award, despite a cross-motion to vacate the award on the bases of alleged panel misconduct; exceeding its powers; manifest disregard of the law; and that the award did not...more

Service of Arbitration Notice

by Reed Smith on

The case looks at the question of when notices of arbitration passed to a counterparty’s agent can be considered effective service on the counterparty in circumstances where that the agent is not authorised to receive the...more

Golf, the Commercial Division, and Expert Disclosure: No Sandbaggers Allowed!

by Farrell Fritz, P.C. on

Several weeks ago, we reviewed some of the newer Commercial Division Rules and reported on a couple recent decisions from Justice Shirley Werner Korneich of the Manhattan Commercial Division applying one of those Rules, Rule...more

Consumer Financial Services Arbitration: Another Perspective

by Pierce Atwood LLP on

Much has been said and written about Congress’ rejection of the CFPB proposal to ban class action waivers in arbitration agreements between consumers and financial services companies. One of the most frequent statements I...more

CFPB Finally Acknowledges Arbitration Rule “Has No Force or Effect”

by Ballard Spahr LLP on

Two weeks after President Trump signed H.J. Res. 111, the joint resolution passed by the House and Senate disapproving the CFPB arbitration rule, the CFPB has formally acknowledged Congress’ override of the rule under the...more

Federal Circuit Review - October 2017

by Knobbe Martens on

Federal Circuit Denies En Banc Rehearing in Mentor Graphics v. EVE-USA - In Mentor Graphics Corp. v. Eve-USA, Inc., Appeal Nos. 2015-1470, 2015-1554, 2015-1556, the Federal Circuit denied Synopsys’ and EVE’s petition for...more

Arbitration Provision TKOs Class Action Lawsuit by Online Viewer of Mayweather/McGregor Fight

Boxing fan Victor Mallh, attempting to take a class action swing at Showtime Networks for failures in its livestream broadcast of the Mayweather/McGregor fight in August of this year, will have to pursue his claim in...more

England’s High Court Of Justice Upholds Arbitration Award Finding No “Serious Irregularity”

by Carlton Fields on

Claimant’s application under s. 68(2)(d) of the Arbitration Act 1996 alleged serious irregularity in the award of an arbitral tribunal alleging the tribunal failed to deal with all the issues that were put before it, and...more

Third party debt orders and letters of credit

by Allen & Overy LLP on

The Supreme Court decided that the legal ‘location’ (situs) of a debt due under a letter of credit is the place of residence of the debtor, not where the debt is due to be paid. The decision opens the door for third party...more

Pair of NLRB ALJ Decisions Find Unions Violated NLRA

by Proskauer - Labor Relations on

It is mid-November, and the Board is at a full complement, and even has a new General Counsel. While we haven’t seen anything significant (or really, anything at all) come out of the newly constituted Board we know the new...more

Extension of Fiduciary Rule Transition Period Likely Official End of November

by Morgan Lewis on

Thrivent wins injunction on anti-arbitration clause. Update on the Fiduciary Rule Delay - On November 1, the White House Office of Management and Budget (OMB) received a much-anticipated notice from the US Department of...more

Director Cordray criticizes CRA override of CFPB arbitration rule

by Ballard Spahr LLP on

In a blog post last week, we noted that there had been no official statement from the CFPB about Congress’ override of the CFPB’s arbitration rule, which President Trump signed on November 1....more

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