Author Info for Mintz - Arbitration, Mediation, ADR Viewpoints

Kevin Ainsworth

Vacatur of an Arbitration Award in an FAA Case on Non-FAA Grounds

In an unusual decision in an unusual case—a dispute between sovereigns—a U.S. appellate court recently vacated a domestic arbitration award on grounds other than those provided in Section 10 of the Federal Arbitration Act…more

Arbitration, Arbitration Agreements, Arbitration Awards, Contract Interpretation, De Novo Standard of Review

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Kaitlyn Anne Crowe

When is an Interim International Arbitral Award “Final” Enough for Judicial Enforcement?

A federal court must of course have subject matter jurisdiction to entertain an application to confirm or enforce an arbitration award. Fortunately, that jurisdiction is in general provided by statute when it comes to arbitral…more

Arbitration Awards, Arbitrators, Contract Termination, Equitable Relief, Federal Arbitration Act

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Geoffrey Friedman

Just as "Shall" Means "Shall", "Stay" Means "Stay"

To stay or to go (from the docket)? For decades, federal courts of appeal have disagreed on a fundamental procedural question: when a dispute filed in federal district court is subject to arbitration, should the court dismiss…more

Appeals, Arbitration, Dismissals, Dispute Resolution, Federal Arbitration Act

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Joanne Hawana

FDA and CTTI Hold Joint Workshop on AI in Drug Development – AI: The Washington Report

On August 6, the Food and Drug Administration (FDA) and Clinical Trials Transformation Initiative (CTTI) held a joint workshop to explore “Artificial Intelligence in Drug & Biological Product Development.” The workshop…more

Artificial Intelligence, Center for Drug Evaluation and Research (CDER), Food and Drug Administration (FDA)

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Matthew Hurley

Just as "Shall" Means "Shall", "Stay" Means "Stay"

To stay or to go (from the docket)? For decades, federal courts of appeal have disagreed on a fundamental procedural question: when a dispute filed in federal district court is subject to arbitration, should the court dismiss…more

Appeals, Arbitration, Dismissals, Dispute Resolution, Federal Arbitration Act

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Narges Kakalia

An Arbitrator’s Power May Be Greater Than That of a Judge

Arbitration is a creature of contract, and an arbitrator’s powers are in effect defined by the parties’ arbitration agreement. Paradoxically, although an arbitration agreement can be written (double-spaced) on one side of a…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Commercial Contracts

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Daniel Pascucci

Waiving Claims for Public Injunctive Relief in California Arbitration Agreements: The McGill Rule on Appeal

The inclusion in arbitration clauses of a waiver of public injunctive relief has gained popularity generally, but such a waiver is currently unenforceable in California. However, California’s controversial precedent on the…more

Arbitration, Arbitration Agreements, AT&T Mobility v Concepcion, CA Supreme Court, Consumer Contracts

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Michael Renaud

The Road Less Travelled: Why Arbitration is an Increasingly Attractive Alternative for Resolving IP Disputes

Holders of IP rights, including patents, copyrights, trademarks, and trade secrets, have traditionally filed IP-related disputes in court, and there’s no question that court litigation will continue to be the most popular forum…more

Arbitration, Copyright, Intellectual Property Protection, Jurisdiction, Negotiations

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Todd Rosenbaum

Calling SCOTUS: Sixth Circuit Re-Establishes Circuit Split Re U.S. Discovery In Aid of Foreign Commercial Arbitration (28 U.S.C. § 1782)

The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration proceeding constitutes a “tribunal” under 28 U.S.C. § 1782(a), which affords U.S…more

Administrative Law Judge (ALJ), Arbitration, Commercial Arbitration, Cross-Border, Discovery

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Samuel Tony Starr

What In-House Counsel Need To Know About Their Form Arbitration Clauses – Ten Foundation Questions

Most arbitrations, and all commercial arbitrations, are creations of contract, and courts are generally required to enforce an arbitration agreement as they would any other contract. Therefore, the terms of the arbitration…more

American Arbitration Association, Arbitration Agreements, Arbitration Fees, Arbitrator Selection Disputes, Commercial Arbitration

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Simone Yhap

Just as "Shall" Means "Shall", "Stay" Means "Stay"

To stay or to go (from the docket)? For decades, federal courts of appeal have disagreed on a fundamental procedural question: when a dispute filed in federal district court is subject to arbitration, should the court dismiss…more

Appeals, Arbitration, Dismissals, Dispute Resolution, Federal Arbitration Act

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Benjamin Zegarelli

FDA and CTTI Hold Joint Workshop on AI in Drug Development – AI: The Washington Report

On August 6, the Food and Drug Administration (FDA) and Clinical Trials Transformation Initiative (CTTI) held a joint workshop to explore “Artificial Intelligence in Drug & Biological Product Development.” The workshop…more

Artificial Intelligence, Center for Drug Evaluation and Research (CDER), Food and Drug Administration (FDA)

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