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Arbitration

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Ward and Smith, P.A.

Forum Selection Clauses – An Overlooked Contractual Pitfall

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At the time of contracting, few people are thinking of why or how the contract might be breached and what happens if so. However, a forum or arbitration selection clause may pre-determine your outcome regardless of who was at...more

ALTO Litigation

April Securities Litigation Brief: A New Enforcement Director, A Defense Verdict and Ninth Circuit News

ALTO Litigation on

SEC Appoints New Enforcement Director- On April 8, the Securities and Exchange Commission appointed David Woodstock as the new director of the SEC’s Division of Enforcement. Woodstock was chair of the Securities...more

JAMS

Foreign Sovereign Immunity in International Construction

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For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an...more

McDermott Will & Schulte

Can annulled arbitral awards still be enforced? Key insights across major jurisdictions

Does the annulment of an arbitral award by the courts of the arbitration seat necessarily preclude its enforcement? An examination of Article V(1)(e) of the United Nations Convention on the Recognition and Enforcement of...more

Troutman Pepper Locke

A Human in the Loop: The Future of AI in Arbitration

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In today’s legal landscape, artificial intelligence (AI) is no longer a distant or speculative concept. Instead, it has morphed into an everyday, practical tool for dispute resolution, especially in arbitration. Although...more

Troutman Pepper Locke

International Arbitration at an Inflection Point

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International arbitration remains a popular mechanism for resolving cross‑border disputes because of its enforceability, neutrality, and flexibility. At the same time, AI, third‑party funding, and evolving expectations around...more

Ankura

Managing Claims and Avoiding Conflict Through Documentation, Communication, and Early Action

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Delays and associated damages remain among the most common and contentious challenges in construction projects. While delay events themselves may be unavoidable, how parties document and address potential delays can make the...more

Venable LLP

U.S. vs. UK Contract Law in Advertising Agency Agreements Explained

Venable LLP on

Negotiating a cross-border, U.S./U.K. advertising agency services agreement adds some additional wrinkles to the already well-wrinkled list of considerations for every ad agency contract. Obviously, extra consideration must...more

Carlton Fields

Florida Appeals Court Decisions Week of April 27 - May 1, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Blair - Sixth Amendment, invasion of counsel, cell phone evidence, character evidence...more

White & Case LLP

National security implications in ISDS vis-à-vis AI regulation

White & Case LLP on

Technological advances create novel security risks, prompting States to adopt national security measures that restrict foreign investors in this space. As Artificial Intelligence (“AI”) becomes embedded in critical...more

Hogan Lovells

Strait of Hormuz disruption – Disputes risks for energy and infrastructure projects

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The Strait of Hormuz is one of the world's most critical maritime chokepoints, carrying roughly 25% of global seaborne oil trade – around 20 million barrels per day. Its stability underpins global energy supply and the...more

Cozen O'Connor

Kohut v. Yagelniski, 2026 BCSC 714: Family Arbitration, Finality, and the Limits of Appealing a Last Best Offer Award

Cozen O'Connor on

In Kohut v. Yagelniski, 2026 BCSC 714, Justice Wilson illustrated the court’s limits to reviewing a family arbitral award reached through the “last best offer” arbitration process. After reviewing the appellant’s grounds for...more

Venable LLP

NIL Enforcement and State Law Conflict: How University of Nebraska Football Players Could Reshape NCAA Authority

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The college athletics landscape shifted significantly following the settlement in the landmark House v. NCAA litigation, which led to the creation of the College Sports Commission (CSC), an enforcement body tasked with...more

DLA Piper

LNG disputes emerge after disruption at Ras Laffan, Strait of Hormuz: Key considerations

DLA Piper on

Industry sources estimate that in 2025, more than 80 million tons of liquefied natural gas (LNG) transited the Strait of Hormuz, the vast majority originating from Qatar's Ras Laffan complex. Recent events at Qatar's Ras...more

Loeb & Loeb LLP

Navigating Guild and Union AI Positions

Loeb & Loeb LLP on

At Loeb’s AI Summit in Los Angeles on April 21, I had the opportunity to moderate a cross-industry roundtable focused on how entertainment industry guilds and unions, alongside companies, are navigating the evolving use of...more

Lewitt Hackman

Franchisor 101: Claim Preclusion

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The federal district court in North Dakota granted a franchisee’s motion to dismiss a franchisor’s complaint for failure to state a claim and its motion for sanctions, finding the franchisor improperly attempted to relitigate...more

Kilpatrick

The Ninth Circuit Confirms That Arbitration is Bilateral and Collateral Estoppel Cannot be used to Preclude Enforcement of...

Kilpatrick on

The Ninth Circuit addressed a novel procedural question in O’Dell v. Aya Healthcare Servs., Inc., 171 F.4th 1173 (9th Cir. 2026): whether non-mutual offensive collateral estoppel can prevent enforcement of arbitration...more

Troutman Pepper Locke

Pennsylvania Supreme Court Clarifies Bad Faith and Arbitration Exposure for Sureties

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The Pennsylvania Supreme Court’s decision in Eastern Steel Constructors, Inc. v. International Fidelity Insurance Co., 2026 WL 457805 (Pa. Feb. 18, 2026), has two immediate consequences for Pennsylvania construction projects:...more

Miller Nash LLP

Ninth Circuit Makes Arbitration Easier: Shanahan v. IXL Learning, Inc.

Miller Nash LLP on

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Shanahan v. IXL Learning, Inc. Though unpublished, this decision will make it easier to enforce arbitration provisions contained in...more

Rumberger | Kirk

Viewpoint: How Businesses are Building Proactive Resolution into Legal, Risk Strategy, in Jacksonville Business Journal

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Escalating dispute activity across intellectual property, commercial, employment, and international matters is forcing businesses to rethink how they manage legal risk in real time. Originally published in the Jackson...more

Miles Mediation & Arbitration

From “Alternative” to the Mainstream: Why ADR Has Become Dispute Resolution

For decades, the legal profession has grouped mediation and arbitration under the term Alternative Dispute Resolution or ADR. The label made sense when litigation in court was the standard path, and all other processes were...more

Marshall Dennehey

Florida Appellate Court Holds Right to Arbitrate Did Not Apply Within Lien Transfer Bond

Marshall Dennehey on

Andersen Service Corporation v. Old Republic Surety Company, 2026 WL 61436 (Fla.App. 4 Dist., 2026) - A trial court’s order granting a motion to compel arbitration was recently overturned after the Fourth District Court of...more

Miller Canfield

Ninth Circuit Slams the Door on Free Rider Attacks on Arbitration Agreements

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A party sues your company over a contractual dispute. The contract is one you use with other similar counterparties. The contract contains an arbitration clause requiring that any disputes be resolved in arbitration....more

Blake, Cassels & Graydon LLP

Utilisation de l’intelligence artificielle dans le domaine de l’arbitrage

Le fait que des avocats recourent à des outils d’intelligence artificielle générative (l’« IA générative ») pour effectuer du travail juridique de fond a été au cœur de l’actualité juridique ces dernières années, souvent pour...more

Blake, Cassels & Graydon LLP

Ontario Court Recognizes Dubai Arbitral Award Despite Institutional Shake-Up

In InFrontier AF LP v. Rahmani, the Court of Appeal for Ontario dismissed an appeal from an order enforcing a foreign arbitral award made in Dubai. The appellant challenged recognition and enforcement on the basis that the...more

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