News & Analysis as of

Contract Drafting Arbitration

Ervin Cohen & Jessup LLP

Overbroad Employment Arbitration Agreements Will Not Be Enforced in California

Arbitration agreements, at their core, are contracts. As with any contract, there must be “mutuality” or, more colloquially, a “meeting of the minds” on what the contract is intended to encompass. For this reason, employment...more

Womble Bond Dickinson

Supreme Court Clarifies Arbitration Clauses: Key Takeaways for Companies

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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

Miller Canfield

Supreme Court Holds that Where Two Contracts Conflict on the Issue of Arbitrability, Courts - Not Arbitrators - Decide Which...

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When there are two conflicting contracts—one requiring a court to address whether a case should be decided by arbitration or court action, and another requiring an arbitrator to address that issue—who decides which contract...more

CDF Labor Law LLP

[Webinar] California Arbitration Agreements: Clarity Amid Complexity - May 23rd, 10:00 am - 11:00 am PT

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Arbitration agreements are useful tools for California employers, but they are replete with potential dangers. An employer contemplating using arbitration in the workplace must evaluate whether it should be mandatory, the...more

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

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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

Sheppard Mullin Richter & Hampton LLP

[Webinar] Arbitration and Class Action Waivers: A Vision of a Classless Society - October 3rd, 10:00 am PT

This presentation will review best practices for ensuring agreement to arbitration clauses, drafting arbitration clauses, the plaintiff bar's ongoing efforts to invalidate the clauses and how best to craft a clause that is...more

Obermayer Rebmann Maxwell & Hippel LLP

Take Me Out To...Baseball Arbitration

​​​​​​​Since 1974, “baseball arbitration” has been used to resolve salary disputes between ballplayers and team owners. Its primary purpose is to determine the arbitrating player’s salary based upon specific criteria to...more

Barnea Jaffa Lande & Co.

Arbitration Clauses in International Agreements – Do’s and Don’ts

Contractual engagements inevitably beget legal disputes. Even the best agreement is no guarantee the engagement will succeed. Accordingly, one of the most important provisions in any commercial agreement is the provision that...more

Orrick, Herrington & Sutcliffe LLP

How Can Emerging Tech Companies Build a Business to Avoid Litigation?

Disputes with vendors, business partners, customers and employees are inevitable. However, they are not top of mind when an emerging tech company has its sights set on growth. Many contentious issues can be avoided or reduced...more

Ruder Ware

Resolving Business Disputes

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In a perfect world, business owners could spend all of their time and money focusing on a singular task:  running their business.  Despite the best laid plans, however, at some point ancillary concerns will arise and...more

Kilpatrick

3 Key Takeaways | Drafting & Navigating Dispute Resolution Clauses

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Kilpatrick Townsend Partners Rich Keshian, Chad Hansen, and Will Joyner recently participated on a panel at the firm’s 2022 Small Legal Department Client Summit. They discussed “Drafting & Navigating Dispute Resolution...more

K&L Gates LLP

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

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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

Kilpatrick

Monthly Minute | Global Supply Chain Issues

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Once a month, we cover an interesting topic in 60 seconds. This month, International Disputes Partner Thomas G. Allen shares his thoughts on the current supply chain crisis....more

Jenner & Block

The “Defensive” 401(k) Plan

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No good deed goes unpunished. Those of us working with 401(k) plans are familiar with this sentiment. An employee benefit plan, as the name implies, is supposed to benefit employees. Yet benefit plans – particularly 401(k)...more

JAMS

JAMS Global Construction Solutions, Fall 2021 - The Latest News in Construction ADR from the World’s Leading Neutrals

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Value Engineering Construction Arbitration - Designing a Better Process and Techniques Arbitrators Can Use to Help Parties Reach a Faster, More Cost-Effective Resolution - The rapid growth of construction arbitration...more

Goodwin

Survival Guide to Structuring Life Sciences Partnering and M+A Agreements

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The life sciences space is ever-growing and dynamic as the industry witnesses more companies and, therefore, more collaboration, licensing and M&A agreements, come into the spotlight. While these deals are exciting...more

Miller Canfield

Ninth Circuit Underscores the Need for Careful Drafting of International Arbitration Clauses

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Can a non-signatory to an arbitration agreement compel international arbitration under the doctrine of equitable estoppel? Last year, in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, 140 S. Ct. 1637...more

Nossaman LLP

Podcast: Market Rent Adjustment Provisions in Long-Term Ground Leases

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In this episode of Digging Into Land Use Law, Nossaman Real Estate Group Co-Chair David Graeler and associate Maya Hamouie discuss myriad problems that may arise when a market rent adjustment provision in a long-term ground...more

JAMS

[PODCAST] ADR can be a “Win-Win” Solution for In-House Counsel

JAMS on

Laura Abrahamson, Esq., FCIArb, is featured in a CCBJ Perspectives podcast discussing how her career as in-house counsel informs her approach to ADR - In fall of 2020, Laura Abrahamson, Esq., FCIArb, transitioned from her...more

Hogan Lovells

Contract and claim dispute management in the infrastructure and energy sector

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Importance of contract, claim and dispute management - Rapid urbanisation and growing demand mean that the construction industry is one of the largest industry sectors in the world, consistently poised to outpace the world...more

Greenberg Glusker LLP

[Webinar] Dispute Resolution Provisions: One Size Does Not Fit All - January 26th, 10:00 am - 11:00 am PST

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At the beginning of a contractual relationship, dispute resolution is usually the last priority. But at the beginning of any contract dispute, locating the applicable dispute resolution provision is often the first priority....more

Seyfarth Shaw LLP

Is Arbitration the Answer?

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Most employers have seen the forecasts.  The waves of employees let go in the COVID crisis will file a surge of employment claims.  Worse, plaintiffs’ lawyers will scrutinize the many changes required by the pandemic and...more

Robins Kaplan LLP

[Webinar] From Contract To Courtroom: Lessons Learned In Contract Litigation And Trials - September 30th, 11:00 am - 12:00 pm PT

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What can we learn from past contracts, good and bad, and how they played out in the courtroom? In this presentation, seasoned-in-house counsel, trial attorneys, and a jury consultant will examine lessons learned in litigation...more

Eversheds Sutherland (US) LLP

Arbitration carve outs: Will the exception swallow the rule?

In a closely watched case on the construction of arbitration clauses, the US Supreme Court granted certiorari to review Schein v. Archer & White Sales, Inc. on June 15, 2020. The Petitioner, Henry Schein, Inc., (Henry Schein)...more

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