Contract Drafting, Arbitration Agreements, Arbitrators

Top 5 Pitfalls to Avoid in Arbitration Agreements

Felicello Law PC on 4/28/2025

Once you decide to arbitrate rather than litigate, the next crucial step is ensuring the arbitration agreement is well-drafted. While arbitration offers businesses a private, efficient, and flexible method for resolving...more

Supreme Court Clarifies Arbitration Clauses: Key Takeaways for Companies

Womble Bond Dickinson on 7/24/2024

Recent decisions by the U.S. Supreme Court in Smith v. Spizzirri, 601 U.S. 472 (2024) and Coinbase, Inc. v. Suski, 144 S. Ct. 1186 (2024) provide important guidance for companies utilizing arbitration clauses in their...more

New Year, New Mass Arbitration Rules From the AAA

Jones Day on 2/15/2024

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

HUB Talks: Practical Implications of Recent English Decisions on the Governing Law of an Agreement to Arbitrate

K&L Gates LLP on 2/10/2022

Peter Morton and Tim Fox of K&L Gates discuss the practical implications of recent English case law on the question of which law will govern agreements to arbitrate, including for those drafting an arbitration clause in a...more

Nonparty Discovery in California Arbitration: How to Get What You Want

Payne & Fears on 1/10/2019

Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

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

Parker Poe Adams & Bernstein LLP on 5/19/2016

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

Express Yourself! Ongoing Split Over Class Arbitration Points to Importance of Clear Provisions

Proskauer - Minding Your Business on 4/26/2016

Despite the numerous Supreme Court decisions limiting class arbitrations, one central issue remains undecided: who decides whether an arbitration agreement permits class arbitration, the courts or the arbitrators? Entities...more

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