News & Analysis as of

Arbitration Comment Period

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 -
Morgan Lewis

UK Law Commission Publishes Second Consultation Paper for Review of Arbitration Act 1996

Morgan Lewis on

The comment period for the UK Law Commission’s most recent review of the Arbitration Act 1996 is now open—the Commission seeks comments on such topics as choice of law, Section 67 award challenges, and potential arbitrator...more

Cadwalader, Wickersham & Taft LLP

CFPB Issues Proposed Rule on Form Contracts

The Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule last week addressing the “Registry of Supervised Nonbanks that Use Form Contracts to Impose Terms and Conditions that Seek to Waive or Limit Consumer...more

Cooley LLP

The 1996 Arbitration Act Under Review: The Law Commission Requests Comments on Proposed Reforms

Cooley LLP on

The UK Government has asked the Law Commission to review the Arbitration Act 1996 (the ‘Act’) to make sure that England and Wales (and London as an arbitration seat) remain at the forefront of international arbitration. On 22...more

Akin Gump Strauss Hauer & Feld LLP

ICSID Rules Reform: Public Comments Are Due Before the End of December

• The current reform of the ICSID Rules, launched in October 2016, is the most far-reaching amendment process in over 50 years. • The reform aims at modernizing and simplifying the Rules, enhancing the balance between...more

Hogan Lovells

The new International Arbitration Bill

Hogan Lovells on

At the recent Mandela Institute Seminar on International Arbitration, the Deputy Minister of Justice and Constitutional Development, the Honourable JH Jeffery, MP addressed the attendees on the benefits and challenges of...more

Ballard Spahr LLP

Dept. of Education postpones effective date of arbitration ban and other provisions of “borrower defense” rule, announces intent...

Ballard Spahr LLP on

In a notice published in today’s Federal Register, the Dept. of Education announced that it is postponing “until further notice” the July 1, 2017 effective date of various provisions of the “borrower defense” final rule...more

Carlton Fields

Notice and Comment Like a Rock Star

Carlton Fields on

Musicians know they’ve created a hit when thirty-somethings have known all the song’s words since middle school. Likewise, most consumer finance lawyers recall verbatim Regulation Z’s guidance to lenders that, “The annual...more

Polsinelli

New 340B Dispute Resolution Process: Will It Level the Playing Field?

Polsinelli on

On August 12, HRSA published a formal proposed rule regarding a 340B Drug Pricing Program administrative dispute resolution (ADR) process. HRSA’s use of the administrative rulemaking process is a rare occasion given its...more

Ballard Spahr LLP

Democratic lawmakers urge adoption of CFPB arbitration proposal

Ballard Spahr LLP on

A total of 102 Democratic lawmakers, consisting of 37 Democratic Senators joined by Independent Senator Bernie Sanders and 65 House members, have signed on to letters sent to Director Cordray expressing support for the CFPB’s...more

Moore & Van Allen PLLC

Class Action Waivers in Consumer Finance Arbitration Agreements to be Banned: CFPB Proposed Rule Open for Comment Until August 22,...

Moore & Van Allen PLLC on

On May 24, 2016, the Consumer Financial Protection Bureau’s (CFPB) long-anticipated Proposed Rule prohibiting the use of class action waivers in consumer finance arbitration agreements was published in the Federal Register...more

Stinson LLP

CFPB Proposal to Allow More Class Action Lawsuits Against Banks

Stinson LLP on

The Consumer Financial Protection Bureau (CFPB) released a proposed rule Thursday that would significantly increase consumers' ability to sue banks and other financial service providers. The proposal, which has been highly...more

Holland & Knight LLP

CFPB Seeks Comments on Rule Curtailing Use of Mandatory Arbitration Clauses - The Proposed Rule Would Increase Companies' Exposure...

Holland & Knight LLP on

The Consumer Financial Protection Bureau (CFPB) on May 5, 2016, released a proposed rule for public comment that would significantly limit companies' use of mandatory arbitration clauses in contracts with consumers. The...more

McGuireWoods LLP

CFPB Proposes Banning Some Arbitration Clauses, Resurrecting Consumer Contract Class Actions

McGuireWoods LLP on

On October 7, 2015, the Consumer Financial Protection Bureau (CFPB) announced that it is exploring a rulemaking to eliminate the use of certain arbitration agreements in consumer contracts that block consumers from...more

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