News & Analysis as of

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 -

CFPB to Remove Arbitration Rule from CFR

by Ballard Spahr LLP on

The CFPB is scheduled to publish a notice in tomorrow’s Federal Register removing the agency’s final arbitration rule from the Code of Federal Regulations (CFR). ...more

Appointment of Arbitrator

by Reed Smith on

Hot on the heels of the Sino v Dana decision (reported in our blog on 16 November), the Commercial Court considered the question of notice of appointment of an arbitrator once again in Glencore Agriculture BV (formerly...more

Investors' rights of protection against Venezuela's sovereign debt default

by Allen & Overy LLP on

On 13 November 2017, it was confirmed that Venezuela had defaulted on its sovereign debt after failing to meet the deadline for payment of US$200m of interest on its sovereign bonds due in 2019 and 2024.1 It is expected...more

Update: New York Paid Family Leave Law Becomes Effective on January 1, 2018

As we previously reported, New York State adopted the New York Paid Family Leave Law (“Paid Leave Law”) back in April 2016. The Paid Leave Law, which requires employers in New York State to provide up to 12 weeks of paid...more

CFPB’s Arbitration Rule Dies at Hands of Senate and President

by Goodwin on

Three months after the U.S. House of Representatives voted on July 25, 2017 to block the Consumer Financial Protection Bureau’s (CFPB) Arbitration Rule, the U.S. Senate followed suit. On October 24, 2017, the Senate passed a...more

The New DIAC Arbitration Rules 2018

by Hogan Lovells on

The most prominent development during Dubai Arbitration Week 2017 last week was the announcement from the Dubai International Arbitration Centre (the "DIAC") that they will soon release and enact the new DIAC Arbitration...more

New home for AFSA and CAJAC

by Hogan Lovells on

New home for the Arbitration Foundation of Southern Africa and the China-Africa Joint Arbitration Centre Johannesburg From 4 December 2017, the Arbitration Foundation of Southern Africa (AFSA) and the China-Africa Joint...more

CV Stealth – Arrest of Vessel Under Shelltime 4 – Causation

by Reed Smith on

By way of follow up to our blog on this matter dated 3 May 2016, the Commercial Court heard a further arbitration appeal earlier this month arising out of the detention of the vessel at Puerto la Cruz on 19 September...more

Make Your Online Terms of Service "Uber" Enforceable

by Partridge Snow & Hahn LLP on

Are your online Terms of Service enforceable? Businesses should review their account registration process in light of a recent court decision. In Meyer v. Uber Technologies, Inc., the U.S. Court of Appeals for the Second...more

High Court Ruling Helps Protect Confidentiality of Arbitral Awards

by Latham & Watkins LLP on

The High Court recently held that a party was not free to disclose an arbitral award even though that award had already entered the public domain. Notably, the ruling may have significant implications for parties considering...more

Don't Rely on the Courts to Score at Arbitration

by Faegre Baker Daniels on

In the recent football case of Bony v Kacou & Ors [2017 EWHC 2146 (Ch)], the High Court was asked to consider whether an arbitration agreement would be implied into a contract. The FA Rules of Association - The Football...more

Embracing ADR

by JAMS on

In recent years, large companies have embraced arbitration as their preferred method of dispute resolution, particularly in international disputes with suppliers, customers and business partners. In fact, 90 percent of...more

CFPB News: Supervisory Highlights, Consumer Protection Principles

In the latest roundup of Bureau of Consumer Financial Protection (CFPB or the Bureau) news, the Bureau published another edition of Supervisory Highlights, released nonbinding Consumer Protection Principles and was officially...more

District Of Colorado Affirms FINRA Arbitration Award

by Carlton Fields on

A Colorado federal court affirmed a FINRA arbitration award, despite a cross-motion to vacate the award on the bases of alleged panel misconduct; exceeding its powers; manifest disregard of the law; and that the award did not...more

Service of Arbitration Notice

by Reed Smith on

The case looks at the question of when notices of arbitration passed to a counterparty’s agent can be considered effective service on the counterparty in circumstances where that the agent is not authorised to receive the...more

Golf, the Commercial Division, and Expert Disclosure: No Sandbaggers Allowed!

by Farrell Fritz, P.C. on

Several weeks ago, we reviewed some of the newer Commercial Division Rules and reported on a couple recent decisions from Justice Shirley Werner Korneich of the Manhattan Commercial Division applying one of those Rules, Rule...more

Consumer Financial Services Arbitration: Another Perspective

by Pierce Atwood LLP on

Much has been said and written about Congress’ rejection of the CFPB proposal to ban class action waivers in arbitration agreements between consumers and financial services companies. One of the most frequent statements I...more

CFPB Finally Acknowledges Arbitration Rule “Has No Force or Effect”

by Ballard Spahr LLP on

Two weeks after President Trump signed H.J. Res. 111, the joint resolution passed by the House and Senate disapproving the CFPB arbitration rule, the CFPB has formally acknowledged Congress’ override of the rule under the...more

Arbitration Provision TKOs Class Action Lawsuit by Online Viewer of Mayweather/McGregor Fight

Boxing fan Victor Mallh, attempting to take a class action swing at Showtime Networks for failures in its livestream broadcast of the Mayweather/McGregor fight in August of this year, will have to pursue his claim in...more

CFPB issues fifth Financial Literacy Annual Report

by Ballard Spahr LLP on

The CFPB has issued its fifth Financial Literacy Annual Report to Congress. The report describes the CFPB’s ongoing financial literacy work, “with an emphasis on work during October 2016 through September 2017.”...more

England’s High Court Of Justice Upholds Arbitration Award Finding No “Serious Irregularity”

by Carlton Fields on

Claimant’s application under s. 68(2)(d) of the Arbitration Act 1996 alleged serious irregularity in the award of an arbitral tribunal alleging the tribunal failed to deal with all the issues that were put before it, and...more

Third party debt orders and letters of credit

by Allen & Overy LLP on

The Supreme Court decided that the legal ‘location’ (situs) of a debt due under a letter of credit is the place of residence of the debtor, not where the debt is due to be paid. The decision opens the door for third party...more

Pair of NLRB ALJ Decisions Find Unions Violated NLRA

by Proskauer - Labor Relations on

It is mid-November, and the Board is at a full complement, and even has a new General Counsel. While we haven’t seen anything significant (or really, anything at all) come out of the newly constituted Board we know the new...more

Extension of Fiduciary Rule Transition Period Likely Official End of November

by Morgan Lewis on

Thrivent wins injunction on anti-arbitration clause. Update on the Fiduciary Rule Delay - On November 1, the White House Office of Management and Budget (OMB) received a much-anticipated notice from the US Department of...more

Director Cordray criticizes CRA override of CFPB arbitration rule

by Ballard Spahr LLP on

In a blog post last week, we noted that there had been no official statement from the CFPB about Congress’ override of the CFPB’s arbitration rule, which President Trump signed on November 1....more

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