Under ss. 31 & 73 of the Arbitration Act, late jurisdictional objections may nonetheless be permissible if a counterparty does not object to the lateness and a tribunal goes on to decide the objection in an award. If a party...more
Document production in arbitration typically involves limited production by the parties to the arbitration only of narrow and specific categories of documents relevant and material to the dispute. But what happens when one...more
The Second Circuit Court of Appeals recently held that the issue of whether a party is required to pay initial arbitration fees is a question for the arbitral body to decide, not the federal courts. The court further held...more
Sometimes consumers rush to court to sue a business when they should have instead gone to arbitration. Consumers may overlook that the business’s terms and conditions required them to arbitrate their claims. The result is an...more
The recent High Court decision in VXJ v. FY & others provides guidance on the limits of the English courts’ powers to compel non-party document production in support of arbitration under sections 43 and 44(2)(c) of the...more
Companies often seek to avoid the expense and outsized potential liability of class actions by including class action waivers and arbitration clauses in contracts with consumers, employees, and corporate counterparties alike....more
The purpose of arbitration is elegantly summarized in the introduction to the CPR Non-Administered Arbitration Rules: “The primary objective of arbitration is to arrive at a just and enforceable result, based on a private...more
Arbitration is an increasingly popular method of dispute resolution because it puts clients in the driver’s seat....more
An employer that withholds disputed arbitration fees in a pending arbitration has not “refused” to arbitrate within the meaning of the Federal Arbitration Act (FAA); therefore, a court has no authority to compel the employer...more
On September 2, 2025, the U.S. Court of Appeals for the Second Circuit held in Frazier v. X Corp., No. 24-1948, --- F.4th ----, 2025 WL 2502133 (2d Cir. Sept. 2, 2025), that a district court cannot intervene in an ongoing...more
Background - In May 2022, we reported that the Dubai Court of Cassation, in its judgment in Case No. 109/2022 (Civil), confirmed that the United Arab Emirates (UAE) procedural law of arbitration, set forth in Federal Law No....more
The substantive reforms contained within the Arbitration Act 2025, which received Royal Assent on 24 February, will come into full force on 1 August 2025. The reforms will apply to all English-seated arbitrations commenced on...more
In Sacramento Drilling Inc. v National Casualty Co., the U.S. District Court for the District of Oregon addressed an amended motion to compel arbitration brought by defendant National Casualty Co. seeking to limit arbitration...more
When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the first of a multi-part series, we look at two key features to consider when drafting (and applying) your...more
On May 2, JAMS announced its new Mass Arbitration Procedures and Guidelines and Mass Arbitration Procedures Fee Schedule (together, the Procedures), with the express goal to “facilitate the fair, expeditious and efficient...more
After several years of refusing to adopt special rules applicable in mass arbitration proceedings, JAMS announced that it has issued Mass Arbitration Procedures and Guidelines and a Mass Arbitration Procedures Fee Schedule...more
Over the past year, Miles Mediation & Arbitration has revamped and expanded its Arbitration Division to make arbitrations more convenient and cost-effective for the parties involved. Miles now has nearly four dozen...more
On February 6, 2024, the Financial Industry Regulatory Authority (FINRA) published Regulatory Notice 24-03, which announced certain amendments to the Codes of Arbitration Procedure (the Codes). Among those were changes to the...more
The Arbitration Bill’s changes clarify important aspects of English arbitral law, reinforcing London’s position as a leader in international arbitration. On 21 November 2023, the UK government unveiled its long-awaited plans...more
On 6 September 2023, the Law Commission of England & Wales published its final report on potential reforms to the English Arbitration Act 1996 (the “Act”). The report recommends making changes in six key areas, as well as a...more
The Texas Supreme Court has unveiled a change to Texas Rule of Appellate Procedure 28.3 to implement recent legislation requiring the state’s 14 intermediate appellate courts to explain themselves when denying petitions for...more
In a 5-4 decision, the US Supreme Court sided with defendants seeking to compel arbitration of claims filed against them in federal court. Announcing a new rule, the Court in Coinbase v. Bielski held that when a district...more
Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states. This population growth has been accompanied, at least until the third quarter of 2022,...more
While it might seem to a commercial negotiator to be a point of pedantic detail in drafting an arbitration clause, the recent decision of Anupam Mittal v. Westbridge Ventures emphasises the importance for commercial parties...more
Traditionally, there has been a lack of clarity across jurisdictions over what law applies to determine whether a dispute is arbitrable. The Singapore Court of Appeal has now set out a novel "composite" approach, considering...more