News & Analysis as of

Arbitration Case Consolidation

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 -
Kelley Drye & Warren LLP

AAA Issues New Rules Broadening the Powers of Arbitrators and Scope of Arbitration

The American Arbitration Association (AAA) announced new rules that went into effect May 1, 2025. The new rules revise both their consumer arbitration and employment arbitration sets. The purpose of the rule change was to...more

Benesch

Ninth Circuit Upholds Mass Arbitration Consolidation

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The Ninth Circuit’s recent decision in Jones v. Starz Entertainment, LLC marks a significant development in the continued rapid evolution of mass arbitration. ...more

Troutman Pepper Locke

Ninth Circuit Rejects Plaintiff’s Attempt to Contest Consolidation of Arbitration Claims

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On February 28, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a petition to compel individual arbitration against Starz Entertainment, LLC. The court held that the plaintiff, who...more

Snell & Wilmer

Important Arbitration Update: 2024 Amendments to the AAA Construction Industry Arbitration Rules

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On March 1, 2024, the American Arbitration Association (the “AAA”) amendments to its Construction Industry Arbitration Rules (the “Rules”) became effective. The newly amended Rules seek to modernize aspects of the arbitration...more

Hogan Lovells

What you need to know about the revised ICC Rules

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Following the recent trend of periodic incremental updates to the arbitral rules of major institutions, the International Chamber of Commerce (ICC) has published the draft text of its revised 2021 Arbitration Rules. The...more

Akin Gump Strauss Hauer & Feld LLP

Updated LCIA Arbitration Rules (2020) issued

The London Court of International Arbitration (LCIA) has issued updated arbitration rules (the “2020 Rules”). These include some important changes, many of which are designed to address users’ concern to improve time and...more

Carlton Fields

Connecticut Superior Court Holds That Consolidation Is a Procedural Question to Be Considered by an Arbitrator

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The Hartford and Employers Insurance Co. of Wausau entered into a Non-Obligatory Casualty Excess of Loss Reinsurance Agreement (the “Agreement”). ...more

White and Williams LLP

PA District Court Holds Newly Formed Arbitration Panel Should Decide Consolidation Dispute

In Pennsylvania National Mutual Casualty Insurance Company v. Everest Reinsurance Company, the U.S. District Court for the Middle District of Pennsylvania held that procedural issues relating to the interpretation of...more

Ballard Spahr LLP

Court hears argument in association’s attempt to block Dept. of Education “borrower defense” rule from taking effect on Oct. 12

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Earlier this week, Judge Randolph D. Moss of the D.C. federal district court heard oral argument on the renewed motion for a preliminary injunction filed by the California Association of Private Postsecondary Schools (CAPPS)...more

McGuireWoods LLP

“Opt Out” Provisions May Provide Path Forward for Class-Action Waivers in Employment Contracts

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Everyone is talking about the future of class-action waivers in employment arbitration agreements after the Supreme Court launched its new term this month with oral argument in three closely-watched cases—National Labor...more

Jones Day

New International Rules of Chinese Arbitration Association Streamline Processes

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The Chinese Arbitration Association ("CAA") adopted the Chinese Arbitration Association International Arbitration Rules 2017 ("CAAI Rules") on July 1, 2017. The Rules—which can apply only to arbitrations seated outside of...more

Mintz - Employment Viewpoints

Supreme Court Delays Oral Arguments Regarding Employment ‘Class Arbitration’ Waivers

UPDATE: On February 8, 2017, the Supreme Court announced that it would delay until its October 2017 term oral arguments in the consolidated cases concerning the enforceability of class arbitration waivers in employment...more

Carlton Fields

Are Class Action Waivers Enforceable?

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The Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the cases, Murphy Oil USA Inc., Epic...more

Carlton Fields

Worth the Wait?: SCOTUS to Hear Argument on Enforceability of Class Action Waivers in Employment Contracts in 2017 Term

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As we previously reported, the Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the...more

Pierce Atwood LLP

Supreme Court Will Hear Class Action Waiver Cases

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Last week, the Supreme Court consolidated and agreed to hear three appeals of Circuit Court decisions concerning whether class action waivers contained in employment arbitration agreements infringe on employees’ rights under...more

Carlton Fields

Eleventh Circuit Resolves Jurisdictional Issues Regarding The Confirmation Of An Arbitration Award

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The Eleventh Circuit recently held that a district court retained jurisdiction over a motion to confirm an arbitral award, even though the plaintiff had voluntarily dismissed its claims while the motion to confirm was...more

Littler

Supreme Court Will Review Three Cases Involving the Lawfulness of Class and Collective Action Waivers

Littler on

On January 13, 2017, the U.S. Supreme Court granted certiorari in three cases involving the lawfulness of class and collective action waivers in arbitration agreements. Since the National Labor Relations Board’s 2012...more

Ballard Spahr LLP

Supreme Court Agrees to Decide Enforceability of Class Action Waivers in Employment Agreements

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The U.S. Supreme Court has agreed to decide an important issue that has deeply divided the Courts of Appeals—are arbitration provisions in employment agreements that waive an employee's right to bring or participate in class...more

Carlton Fields

SCOTUS to Determine Enforceability of Class Action Waivers in Employment Contract Arbitration Clauses

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The United States Supreme Court granted and consolidated three petitions for certiorari related to the validity of class action waiver clauses in employer/employee arbitration agreements. The Court has consolidated the...more

Morgan Lewis

SIAC Announces New Arbitration Rules 2016

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The Singapore International Arbitration Centre continues to innovate with new features in its updated arbitration rules. On 30 June, the Singapore International Arbitration Centre (SIAC) announced the release of the...more

Spilman Thomas & Battle, PLLC

AAA’s Revised Construction Industry Arbitration Rules and Mediation Procedures

The American Arbitration Association (“AAA”) recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised rules became effective on July 1, 2015 and include a host of changes, large and...more

Stinson LLP

Summary of Revised AAA Construction Industry Rules Effective July 1, 2015

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The American Arbitration Association recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised Rules, which became effective on July 1, "further align the AAA Construction Rules with...more

Sheppard Mullin Richter & Hampton LLP

Arbitrator and Mediator. Member of AAA National Panel of Construction Arbitrators

AAA issued revised Construction Industry Arbitration Rules which took effect July 1, 2015. There are significant changes in the new rules which are intended to make the arbitration process more efficient and cost-effective. ...more

Bilzin Sumberg

Editorial: Florida's Arbitration Code Comes Of Age

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After nearly 50 years, the Florida Legislature in 2013 revised Florida's antiquated Arbitration Code by adopting most of the provisions of the 2000 revision of the Uniform Arbitration Act. The new law, now renamed the...more

Proskauer Rose LLP

FINRA: The FAA Requires Enforcement of Judicial Class Action Waiver in Pre-Dispute Arbitration Agreement But Does Not Preempt...

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On February 21, 2013, the Financial Industry Regulatory Authority (FINRA) issued a written decision finding that the Federal Arbitration Act (FAA) bars FINRA from enforcing FINRA Rules intended to preserve judicial class...more

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