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Business Disputes › Arbitration Agreements › Contract Drafting

Troutman Pepper

Expert Determination or Arbitration? The Delaware Court of Chancery Clarifies That Labels Are Not Dispositive

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Purchase agreements customarily contain provisions for resolving certain disputes by referring them to a third-party neutral decision-maker outside of litigation. For example, disputes over purchase price adjustments are...more

Jones Day

New Year, New Mass Arbitration Rules From the AAA

Jones Day on

On January 15, 2024, the American Arbitration Association ("AAA") published updates to its Mass Arbitration Supplementary Rules and Fee Schedule, aimed at streamlining the mass arbitration process and reducing costs....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit: Courts, Not Arbitrators, Decide the Availability of Class Arbitration

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A decision allowing class-wide arbitration can transform a routine dispute into a “bet the company” problem. Who makes that decision: an arbitrator or a court? The Fourth Circuit Court of Appeals answered that question...more

Latham & Watkins LLP

Beware the “Non-Exclusive” Arbitration Clause

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“Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than “shall” or “should” be so referred). The Privy Council clarified the nature of these clauses in a recent case but...more

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