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Civil Procedure Alternative Dispute Resolution (ADR)

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Second Circuit Puts Out Simultaneous Class Arbitration Opinions

Two different panels of the Second Circuit issued opinions about class arbitration on the same day last week. One creates a circuit split over how specific parties must be to delegate the availability of class arbitration to...more

Second Circuit Rejects Manifest Disregard Of Law As A Basis For Vacating An Arbitration Award

by Carlton Fields on

A panel of the Second Circuit has, in an unpublished summary order, emphasized the high bar that must be cleared by a party seeking to vacate an arbitration award. The matter arose from the decision of a financial advisor...more

The European Court of Justice Changes the Rules of Investment Treaty Arbitration Game in Europe

by K&L Gates LLP on

6 March 2018, the Court of Justice of the European Union (the “CJEU”) rendered a judgment in the case of the Slovak Republic v Achmea B.V., C-284/16 (the “Achmeajudgment”). The CJEU declared that "Articles 267 and 344 TFEU...more

“Ambiguity” Is Not a Basis to Deny a Petition to Enforce a Foreign Arbitration Award

The drive in the Second Circuit to clarify the rules regarding confirmation and enforcement of various types of arbitration awards continues. The latest addition is the decision in BSH Hausgerate GmbH v. Kamhi, 17 Civ. 5776,...more

The Court of Justice of the European Union finds the arbitration provision in The Netherlands-Slovakia BIT incompatible with EU...

by Allen & Overy LLP on

On 6 March 2018, the Court of Justice of the European Union (the Court) delivered its judgment in Case C-284/16, Slovakia Republic v Achmea B.V., declaring that the investor-State arbitration provision in the bilateral...more

Who Decides the Availability of Class Arbitration? Second Circuit’s Analysis Is a Bit Murky in Wells Fargo Advisors Cases

by BakerHostetler on

For years, courts have struggled with who decides the availability of class arbitration and the applicable standards. We most recently addressed the thorny issues in a March 23, 2016, blog post. Unfortunately, a recent Second...more

'Unknown unknowns' and the limits of natural justice challenges in adjudication

by White & Case LLP on

The Singapore High Court has set aside a construction adjudicator's determination for breaching the rules of natural justice. The adjudicator applied the wrong standard of proof without hearing submissions on the issue. This...more

Fifth Circuit Affirms Waiver Of Arbitration Where Plaintiff First Sought To Compel Arbitration After Removal To Federal Court

by Carlton Fields on

This case concerned a business dispute between two physicians. Despite the arbitration clause contained in their agreement, Dr. Raju sued Dr. Murphy in state court....more

Dissecting Common Basic Arbitration Clauses — You Can Build a Better One

Arbitration is often promoted as faster, cheaper, more predictable, and more controllable than litigation. But to many, arbitration’s promise comes up short on delivery. Why? A prime reason is that many parties do not make...more

There's A New Rule In Town - What Will You Do About It?

As of January 1, 2018, Commercial Division Rule 10 was amended. The rule, innocuous on its face, specifies what information an attorney must supply at a preliminary conference. The amendment is entitled “Certification...more

Arbitration Agreement Selecting Maryland Law Held Unenforceable As To Private Attorney General Claims Brought Under California Law

by Carlton Fields on

A choice of law provision within an arbitration agreement selecting Maryland law was held unenforceable in so far as it would result in waiver of claims under the California Private Attorneys General Act (PAGA), contrary to...more

California Transportation Industry Waives Goodbye To Enforcement Of Federal Arbitration Act Provisions In Employment Contracts

by Jackson Lewis P.C. on

In a loss for the California transportation industry, the Court of Appeal for California’s Fourth Judicial District recently found in Muro v. Cornerstone Staffing Solutions, Inc., that the Federal Arbitration Act (“FAA”) is...more

International Arbitration Alert - Revision of the DIS Arbitration Rules

by WilmerHale on

The German Institution of Arbitration (Deutsche Institution fu¨r Schiedsgerichtsbarkeit, or “DIS”) has revised its Arbitration Rules (“Rules”). The new Rules came into effect on 1 March 2018 and replace the 1998 DIS Rules....more

Active Preparation Leads to Better Mediation Results

by Foley & Lardner LLP on

After have deciding to mediate and selecting a mediator, each litigants’ focus should shift to preparation. In our experience, mediation results improve significantly when the parties, not just the attorneys, come prepared...more

Ninth Circuit Reaffirms That Washington State’s Prohibition Of Arbitration Clauses In Insurance Contracts Reverse-Preempts FAA

by Carlton Fields on

This case concerned a coverage dispute between Technical Security Integration Inc. and its insurer, Philadelphia Indemnity. The District Court for the District of Oregon denied Philadelphia Indemnity’s motion to compel...more

Civil Liability of Arbitrators in the UAE – An Update

by White & Case LLP on

The Dubai Court of Cassation in its recent decision in Case 484/2017 has set a new threshold for establishing the liability of arbitrators in civil matters, thereby providing some much needed clarity on this important issue....more

Participation In Litigation To Avoid A Default Judgment Does Not Waive A Party’s Right To Compel Arbitration

by Carlton Fields on

An employer did not waive its right to compel arbitration under an employment agreement by seeking to set aside a default in an employment discrimination suit brought against it by its employee. ...more

State Supreme Courts Falling In Line On Arbitration

Despite how often I talk about whack-a-mole and the tug-of-war between the state courts and SCOTUS on arbitration, the truth is that the majority of state supreme courts follow SCOTUS’s arbitration precedent (whether holding...more

Federal Court Rejects Plan Fiduciaries’ Motion to Compel Arbitration

by Hodgson Russ LLP on

A recent court ruling offers interesting insights as to how a court might analyze the enforceability of arbitration agreements and clauses. An employee of Charles Schwab participated in Charles Schwab’s defined contribution...more

U.K. Court Finds Arbitration Respondent Did Not Waive Objection To Jurisdiction Of Arbitration Tribunal

by Carlton Fields on

The Queen’s Bench Division of the U.K.’s High Court of Justice has reversed a partial award by a tribunal of the London Court of International Arbitration (“LCIA”), which held that an arbitration respondent lost its right to...more

New DIS RULES after 20 years

by White & Case LLP on

On 1 March 2018, after 579 days of deliberations, the new arbitration rules of the German Institution of Arbitration ("DIS") will enter into force, replacing the previous 1998 DIS Rules. The 2018 DIS Rules include several...more

February 2018: Attaching Debts Due Under Letters of Credit in the UK

Introduction - The case of Taurus Petroleum Limited v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2017] UKSC 64 involved Taurus Petroleum Ltd. (“Taurus”), a Geneva-based oil trading company, and...more

California Federal Court Confirms Arbitration Award Benefitting Third-Party

by Carlton Fields on

The U.S. District Court for the Northern District of California denied a petitioner’s motion to vacate an arbitration award on the grounds of the award being “irrational and illogical,” erroneous, and that the arbitrator...more

The Supreme Court - February 26, 2018

by Dorsey & Whitney LLP on

New Prime Inc. v. Oliveira, No. 17-340: (1) Whether a dispute over applicability of the Federal Arbitration Act’s (“FAA”) Section 1 exemption, which provides that the FAA does not apply “to contracts of employment of seamen,...more

Your Arbitration Is Not Yet Filed, But Attachment in Aid of That Arbitration May Be Available

The courts undoubtedly have the power to grant provisional remedies in aid of a pending arbitration – including temporary restraining orders, preliminary injunctions, and attachments. As a recent Fifth Circuit decision...more

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