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Alternative Dispute Resolution (ADR) Toxic Torts

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

ICC Arbitration Rules 2026 – key changes for commercial parties

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The International Chamber of Commerce (ICC) has published an updated version of its Arbitration Rules, coming into force almost immediately from June 1, 2026 and applicable to all arbitrations commenced from that date....more

FBT Gibbons LLP

When “Interstate Commerce” Does Not Require Interstate Travel: Supreme Court Expands FAA Transportation Worker Exemption to...

FBT Gibbons LLP on

On May 28, 2026, the U.S. Supreme Court issued a unanimous decision in Flower Foods, Inc. v. Brock, clarifying the scope of the transportation worker exemption under the Federal Arbitration Act (FAA)....more

Freeman Mathis & Gary

Supreme Court expands FAA exemption for last-mile drivers, raising new arbitration risks for employers

Freeman Mathis & Gary on

On May 28, 2026, the United States Supreme Court issued a unanimous decision in Flowers Foods, Inc. v. Brock, No. 24-935, clarifying that certain “last-mile” delivery drivers may fall within the Federal Arbitration Act’s...more

Pierce Atwood LLP

District Courts in the First Circuit Issue Notable Early 2026 Arbitration

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District courts in the First Circuit issued several important decisions in early 2026 regarding the enforceability of arbitration provisions and interpreting recent First Circuit precedent. The cases revolved around a variety...more

ArentFox Schiff

Federal Agencies Finalize Overhaul of No Surprises Act Dispute Resolution Process

ArentFox Schiff on

The US Departments of Treasury, Labor, and Health and Human Services have issued a sweeping final rule (CMS-9897-F) implementing significant changes to the Federal Independent Dispute Resolution (IDR) process established...more

White & Case LLP

The Supreme Court just denied cert in Flores — is your arbitration clause still enforceable?

White & Case LLP on

The sports industry is experiencing unprecedented growth and investment. This trend is driven by changing regulations relating to ownership in professional leagues and compensation mechanisms for college athletes, as well as...more

Troutman Pepper Locke

Supreme Court Expands Flexibility for Multiemployer Plans in Setting Withdrawal Liability Assumptions

Troutman Pepper Locke on

“Prediction is easy — being right is hard.” The Supreme Court’s May 21, 2026, decision in the multiemployer withdrawal liability space affirmed this principle. In M & K Employee Solutions, LLC v. Trustees of the IAM National...more

CDF Labor Law LLP

SCOTUS Provides Half-Baked Good News for California Employers Enforcement of Arbitration Agreements

CDF Labor Law LLP on

For the fourth time in seven years, SCOTUS issued a narrow but unanimous opinion reiterating that the transportation worker’s exemption to compelling arbitration under the Federal Arbitration Act’s (FAA) reaches employees who...more

Farrell Fritz, P.C.

Choose Your Forum Wisely (Part II): Commercial Division Reiterates the High Bar to Overturn an Arbitration Award

Farrell Fritz, P.C. on

Last fall, I blogged about the challenges of overturning an arbitrator’s award (check out that post here). That case illustrated the difficulties of vacating an award based on a purported erroneous ruling of law. But what if...more

Rivkin Radler LLP

HHS Finalizes Major Reforms to IDR Process under NSA

Rivkin Radler LLP on

On May 28, the U.S. Department of Health and Human Services (HHS) finalized regulations intended to make the Independent Dispute Resolution (IDR) process under the No Surprises Act (NSA) more efficient and transparent in...more

Offit Kurman

The NFL and the Limits of Arbitration Agreements: What Employers Need to Know

Offit Kurman on

Brian Flores, an NFL coach, recently made headlines after the U.S. Supreme Court declined to intervene in a dispute over whether his claims must be arbitrated. Flores asserted race discrimination claims against the NFL and...more

McDermott Will & Schulte

NSA IDR overhaul: What stakeholders need to know

On May 28, 2026, the US Departments of Health and Human Services, Labor, and the Treasury, along with the Office of Personnel Management (collectively, the Departments), released a final rule addressing operational aspects of...more

Dickinson Wright

Orders Enforcing Agreements to Arbitrate—Final or Not?

Dickinson Wright on

Under the Michigan court rules, the Court of Appeals has jurisdiction over an appeal as of right from a “final judgment or final order.” MCR 7.203(A)(1). In a civil case, that usually means the “first judgment or order that...more

Fenwick & West LLP

Game Studios May Be Underestimating Mass Arbitration Risk Around Bans, Virtual Economies, and Live-Service Changes

Fenwick & West LLP on

For many players, a game account is no longer just an account. It can hold years of purchases, rare digital items, rankings, creator revenue, social connections, and thousands of hours of progress. In some games, players...more

Carlton Fields

Ninth Circuit Holds That FAA Does Not Permit Non-Mutual Offensive Collateral Estoppel to Invalidate Arbitration Agreements

Carlton Fields on

The Ninth Circuit Court of Appeals has held that arbitrators’ decisions that an arbitration clause is unenforceable may not be used to preclude arbitration in cases involving other plaintiffs in the same putative class action...more

Paul Hastings LLP

US Supreme Court Rejects Bright Line Rule for Last-Mile Delivery Drivers in FAA Case

Paul Hastings LLP on

On May 28, the U.S. Supreme Court decided Flowers Foods, Inc. v. Brock (24-935). The issue before the Court was whether a “last-mile” driver fell within Section 1 of the Federal Arbitration Act (the FAA) — colloquially known...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Navigating the Latest Overhaul of the No Surprises Act's Independent Dispute Resolution Process

The U.S. Departments of Health and Human Services, Labor, and Treasury (the Departments) and the Office of Personnel Management jointly issued a final rule restructuring the independent dispute resolution (IDR) process under...more

Stark & Stark

New Jersey Supreme Court Reinforces the Finality of Arbitration in Rappaport v. Pasternak

Stark & Stark on

In April 2025, the New Jersey Supreme Court issued a significant decision in Rappaport v. Pasternak, 260 N.J. 230 (2025), reaffirming just how limited judicial review of private arbitration awards truly is under the New...more

Pillsbury Winthrop Shaw Pittman LLP

2026 ICC Arbitration Rules: The Demise of the Terms of Reference and Other Notable Updates

The 2026 ICC Arbitration Rules (2026 Rules) mark a significant procedural reset for ICC arbitration. The central theme is efficiency, reducing front-end formalities and expanding faster track provisions for disputes that can...more

Buchalter

New Final Rule Governing Independent Dispute Resolution Operations under the No Surprises Act Seeks to Improve Efficiency in...

Buchalter on

On May 28, 2026, the U.S. Departments of Health and Human Services, Labor, and Treasury (the “Departments”) promulgated a final rule governing Independent Dispute Resolution (“IDR”) under the No Surprises Act, 42 U.S.C. §...more

Bennett Jones LLP

BC Government Announces it is Soliciting Feedback on Prompt Payment Legislation

Bennett Jones LLP on

On May 26, 2026, the Province of British Columbia announced that it was initiating a six-week consultation process on the implementation of the new Construction Prompt Payment Act (the Act) between May 26, 2026 and July 7,...more

Haynes Boone

ECT Withdrawals Don’t End Investor Protection: Why Treaty Strategy Still Matters in Energy Projects

Haynes Boone on

At first sight, this may appear to mark the decline of the ECT as a source of legal protection for energy investors. However, that conclusion would be premature. Withdrawal changes the investment protection landscape, but it...more

Polsinelli

Supreme Court Expands FAA’s Arbitration Exemption to “Last-Mile” Delivery Drivers

Polsinelli on

Key Highlights - The U.S. Supreme Court unanimously held that the FAA’s transportation worker exemption may cover last-mile delivery drivers who deliver goods that originated out of state....more

McDermott Will & Schulte

Transfer pricing, MAP, and Fast Track: The forces reshaping tax controversy

One message stood out during our Tax Symposium 2026 session, Tax controversy: What’s hot and what’s not: The Internal Revenue Service (IRS) is becoming more strategic in how it pursues audits and disputes in today’s...more

McDermott Will & Schulte

ICC 2026 arbitration rules: A new three-month route to a final ICC award

The 2026 International Chamber of Commerce (ICC) Rules of Arbitration entered into force on June 1, 2026. The revisions modernize ICC arbitration while preserving its core architecture, with updates addressing arbitrator...more

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