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Alternative Dispute Resolution (ADR) Civil Procedure

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

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

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

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

Resistance Or Retaining Shred of Dignity? Kentucky Responds On Kindred

If I had to choose a favorite subset of arbitration cases, it might be the ones that come after SCOTUS remands to a state supreme court. How does a state high court full of accomplished professionals, the cream of the legal...more

USE IT OR LOSE IT! Enforce Your Arbitration Agreement Or Waive Your Right To Arbitrate Your Trade Secret Misappropriation Claims

Earlier this month, a federal court in the Middle District of Tennessee denied an employer’s motion to compel arbitration, finding that it waived its right to arbitration by engaging in litigation....more

When will the CFPB formally acknowledge that Congress has repealed its arbitration rule?

by Ballard Spahr LLP on

Yesterday marks one week since President Trump signed H.J. Res. 111, the joint resolution passed by the House and Senate disapproving the CFPB arbitration rule....more

Getting the Arbitrator Right

by Reed Smith on

This week the Commercial Court handed down judgment in Tonicstar Limited v (1) Allianz Insurance PLC; (2) Sirius International Insurance Corporation ( PUBL) (London Branch) [2017] EWHC 2753, a matter where the question was...more

Ninth Circuit Snubs Stolt-Nielsen, Holds Generic Employee Arbitration Agreement Permits Class-wide Arbitration

by Carlton Fields on

After an employer allegedly released personally identifiable information of its employees as the result of a phishing scam, plaintiff employee filed a putative class action lawsuit, alleging claims including negligence,...more

The Arbitration Resistance May Look Like This… (Post #300)

What happens when state courts disagree with SCOTUS’s interpretation of the Federal Arbitration Act? They resist, and they have a thousand different ways of doing so. The Mississippi Supreme Court demonstrated one way to...more

Another One Bites the Dust - the President Kills the CFPB Arbitration Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Pursuant to the the Congressional Review Act, President Trump officially repealed the CFPB Arbitration Rule. As expected, President Trump signed the resolution to repeal the arbitration rule proposed...more

Despite Heavy Criticism Of The Rationale, British Court Refuses To Enforce Arbitral Award Set Aside By Russian Court

by Carlton Fields on

The British High Court of Justice recently decided not to enforce an arbitral award in a dispute over the calculation of the purchase price of a Russian metallurgical company where a Russian court set aside that award and...more

More Bumps in the Road for Uber along the Trade Secret Highway

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a California district court decision denying a trade secret defendant’s motion to compel arbitration based on a prior employment agreement between the plaintiff and an...more

Oral Arguments Heard by the Supreme Court on Enforceability of Class Action Waivers in Arbitration Agreements

In July, we reported that the Supreme Court scheduled oral arguments to settle the circuit split of whether mandatory class action waivers violate section 7 of the National Labor Relations Act (“NLRA”). Last month, both...more

FRANCHISOR 101: Arbitr-“all”

by Lewitt Hackman on

A federal court in New Jersey granted a franchisor's motion to compel arbitration of disputes involving seven frozen yogurt franchises, even though the claims were subject to different arbitration provisions in different...more

Argentina’s Arbitration Legal Reform: Steps in the Right Direction?

by WilmerHale on

Argentina is arguably one of the countries with the most untapped economic potential worldwide. Argentina’s government, led by President Mauricio Macri, is trying to change that. Together with undertaking economic and...more

No Treat For CFPB: Trump, Congress Override Rule On Class Action Waivers

by Carlton Fields on

On November 1, President Trump signed legislation disapproving a CFPB rule designed to prohibit class action waivers in certain consumer financial services contracts. In so doing, Trump rejected a last minute personal appeal...more

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