Navigating Mass Arbitration: New Rules and Strategies — The Consumer Finance Podcast
The Texas Supreme Court on Friday held that parties’ choice of the AAA Commercial Arbitration Rules, which assign to the arbitrators the power to rule on their jurisdiction, clearly and unmistakably delegates arbitrability...more
On September 1, 2022, amendments to the American Arbitration Association’s (AAA) Commercial Arbitration Rules and Mediation Procedures went into effect. The amendments are significant but they are not retroactive. Thus the...more
Does your contract contain a dispute resolution section that refers to the American Arbitration Association (“AAA”) rules, mediation and/or arbitration proceedings? If so, then you need to be aware of some changes that took...more
The American Arbitration Association (AAA) has revised its Commercial Arbitration Rules and Mediation Procedures, effective September 1, 2022. The goal of these revisions is to standardize longstanding AAA practices...more
Effective 1 September 2022, the American Arbitration Association (AAA) has updated its Commercial Arbitration Rules and Mediation Procedures, representing their first revisions since 1 July 2013....more
Effective September 1, the American Arbitration Association (AAA) has finally updated its Commercial Rules and Mediation Procedures, concluding a two-year internal review. The amendments provide greater procedural discretion...more
Every day, U.S. companies experience a collateral effect of the increasing number of international arbitrations. Parties to these arbitrations are using 28 U.S.C. § 1782 to issue discovery subpoenas to U.S. companies, seeking...more
For the second time in two years, the U.S. Supreme Court will hear a case where the central issue is whether a court (or an arbitrator) should decide whether a dispute belongs in the courts or in arbitration. The Court...more
On June 15, 2020, the U.S. Supreme Court welcomed back a familiar case by granting certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 19-963. SCOTUS itself arguably made the case’s second visit to...more
Last month the Supreme Court granted a petition for a writ of certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc. and will take up, in its next term, yet another issue of pressing importance for commercial...more
These rulings will likely impact critical strategic decisions early in international arbitrations. Recent Supreme Court decisions on international arbitration may clarify important issues and make for a more efficient...more
The United States Supreme Court established that questions of arbitrability are presumptively for a court unless the parties clearly and unmistakability manifest their intention (i.e, agreement) that such issues should be...more
Under the Federal Arbitration Act (“FAA”), “a party may not be compelled . . . to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so.” Stolt-Nielsen S.A. v....more
Can an arbitrator require an arbitrating party to post collateral prior to a hearing on the merits of the substantive claim(s) as security with respect to payment of a possible final award against that party? And can such an...more
The Federal Arbitration Act (“FAA”) §7 (9 U.S.C. §7) enables arbitrators to “summon … any person to attend before them or any of them as a witness and in a proper case to bring with him or them any [document] which may be...more
“Gateway” arbitration issues, including the validity, enforceability, and scope of an arbitration agreement, are presumptively to be decided by a court, rather than by an arbitrator. However, such gateway issues may be...more
In this episode of OnRisk, Carolyn Branthoover and Sarah Turpin talk about the increasing frequency of arbitration clauses in insurance policies, the enforceability of arbitration agreements in both the U.S. and in the UK,...more
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
The American Arbitration Association (“AAA”) issued new Arbitration Rules and Mediation Procedures governing commercial disputes for AAA commercial arbitrations initiated on or after October 1, 2013. Arbitration proceedings...more