News & Analysis as of

Dispute Resolution Arbitration

Hogan Lovells

Alternative Dispute Resolution in England and Wales (Updated)

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Disputes in England and Wales are usually adjudicated after an adversarial process, either by a judge in court-based litigation or by an arbitrator in an arbitration. Litigation is governed by wide-ranging and detailed rules...more

ArentFox Schiff

On Good Terms: Five Reasons Why Businesses Should Take Their Terms of Use Seriously

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Well-drafted and enforceable terms of use are an essential risk management tool for any business, particularly e-commerce sellers and online service providers. Despite their importance, however, terms of use are often...more

Mandelbaum Barrett PC

Alternative Dispute Resolution Methods to Consider

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When legal disputes arise in the business world, taking the matter to court can often be time-consuming, expensive, and disruptive to business operations. Alternative dispute resolution (ADR) methods provide practical and...more

Bressler, Amery & Ross, P.C.

Enforceability of Arbitration Clauses in NJ Developer Purchase Agreements

When disputes arise between developers and purchasers, it is important to ensure that the developer’s preferred forum of dispute resolution is enforceable in the purchase contract. In particular, arbitration clauses, which...more

Troutman Pepper Locke

Trends in Mass Arbitration

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Mass arbitration continues to be a significant and evolving issue in the legal landscape, particularly for consumer, healthcare, and employment disputes. The American Arbitration Association (AAA) recently released data from...more

Warner Norcross + Judd

Spring Cleaning Your Dispute Resolution Terms and Conditions: Tips for Avoiding Mass Arbitrations

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Mandatory arbitration provisions, combined with class action waivers, are a common element of consumer-facing terms and conditions. Unfortunately, in recent years, plaintiffs’ counsel have moved from fighting these provisions...more

Felicello Law PC

Top 5 Pitfalls to Avoid in Arbitration Agreements

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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

A&O Shearman

Horizontal agreements: Is arbitration part of the rules of the game?

A&O Shearman on

In a recent judgment, the High Court implied an agreement to arbitrate disputes between two parties with no direct contractual relations based on each of the parties’ express, independent agreement to comply with the rules of...more

JAMS

Writing Persuasive Closing Briefs

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11 essential tips to strengthen your final arbitration submission - Writing a strong closing brief is one of the most important steps in the arbitration process. The final submission to the arbitrator offers counsel an...more

Lasher Holzapfel Sperry & Ebberson PLLC

Navigating Technical Terminology in Residential Construction Contracts

Residential construction contracts will often contain technical terms or jargon that leave many homeowners with uncertainty. Homeowners should be cautious of implicitly agreeing to language they do not understand when...more

Foley & Lardner LLP

Health Care Litigation: Seven Considerations in Forum Selection

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Choosing where to resolve a health care dispute can be overwhelming at first glance. After all, in addition to determining where a case can be brought in the first place, there is the question of where it should be brought....more

Ropes & Gray LLP

[Podcast] Real World; Real Problems—First Steps in Addressing Real Estate Partnership Disputes

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On this Ropes & Gray podcast, real estate investments and transactions partner David Kaye and counsel Pete Scherer are joined by litigation partner Andrew Todres to discuss one of the more taboo topics in real estate...more

Troutman Pepper Locke

AAA Introduces New Consumer Mediation Procedures and Fee Schedule

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On April 1, the American Arbitration Association (AAA) announced the launch of its new Consumer Mediation Procedures and Fee Schedule. According to the announcement, updates aim to simplify and make dispute resolution more...more

Conn Maciel Carey LLP

CMC Attorney Mark Trapp Secures Favorable Ruling in $23M Pension Dispute

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In 2017, Consumers partially withdrew from the Central States, Southeast and Southwest Areas Pension Fund. The fund said the company owed $11.3 million (or monthly payments of $42,200 for 20 years) for its share of the fund’s...more

Mintz - Arbitration, Mediation, ADR...

Arbitration of SEP Disputes—A Growing Trend?

After years of litigating against each other in several jurisdictions around the world, Ericsson and Lenovo announced last week that they had entered into a global cross-licensing agreement involving 4G and 5G wireless...more

Bradley Arant Boult Cummings LLP

Federal Layoffs and the Future of Labor Disputes – Understanding the Effects of the Recent Cuts to the Federal Mediation and...

Federal layoffs have been a focal point of President Trump’s administration, drawing both strong support and opposition. On March 15, Trump issued an executive order directing seven federal agencies to make workforce cuts....more

Husch Blackwell LLP

Arbitration’s Double-Edged Sword: The Rise of Mass Claims

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In recent years, numerous businesses have successfully enforced broad arbitration clauses, particularly those embedded in terms and conditions of online service agreements. We previously discussed a noteworthy example from a...more

Miles Mediation & Arbitration

Ensuring Efficiency and Economy: An Arbitrator's Primary Obligation

What is an arbitrator’s primary obligation? If you put that question to most arbitrators or representatives of arbitral institutions, you will get the same answer: to render an enforceable award. That consensus is so...more

Fox Rothschild LLP

The U.S. Supreme Court Decides that Federal Courts Should Stay, Rather than Dismiss, Cases that Are Subject to Arbitration, If One...

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In May 2024, the U.S. Supreme Court decided an issue that has divided the federal courts of appeals. When the claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the...more

Carlton Fields

Seventh Circuit Holds Liability Carrier Did Not Act in Bad Faith by Paying Underinsured Motorist Benefits After Four Years of...

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In Wolf v. Riverport Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s holding, under Illinois law, that an underinsured motorist insurer did not breach its insurance contract, and no implied...more

BCLP

AI in International Arbitration: CIARB Guideline on the Use of AI in Arbitration (2025)

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Ask a trained lawyer what an “LLM” is, and what first will come to mind may be a “Master of Laws”; ask a tech-savvy teenager what an “LLM” is, and they most probably will answer “large language model”. The former may not be a...more

Ervin Cohen & Jessup LLP

Another Day, Another Dispute Between Appellate Courts Over Employment Arbitrations

The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments....more

Bradley Arant Boult Cummings LLP

Seeking a Revenge Premium in Business Divorce: Resisting the Urge to Plunge Headfirst Into Quicksand

When longtime business partners in private companies go through a business divorce, emotions often run high. One or both of the partners may be seeking a “revenge premium” in the business divorce process based on their...more

Baker Botts L.L.P.

The Arbitration Act 2025: A Welcome Fine-Tuning of England’s Arbitration Law

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The Arbitration Act 2025, which received Royal Assent on 24 February 2025, has introduced a number of significant amendments to the Arbitration Act 1996 (which applies in England & Wales and Northern Ireland, but not in...more

Mayer Brown

Legal Developments in Construction Law: March 2025

Mayer Brown on

1. PRIVY COUNCIL RULES OUT CONTRACTOR'S CANCELLATION CHARGES IN FIDIC YELLOW BOOK TERMINATION CLAIM - The employer, under two contracts based on the 1999 FIDIC Plant and Design-Build Yellow Book, terminated the contracts...more

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