Arbitration|Conflict Resolution|Europe|International|Mediation

International ADR “Boot Camp” in London

Arbitration|Conflict Resolution|Europe|International|Mediation

International ADR “Boot Camp” in London

Many are the contracts contemplating cross-border purchases, but still sporting conventional forum selection clauses.  Many clients' businesses are running ahead of their attorneys' experience, resulting in contracts like a Florida company shipping to Bolivia, but calling for litigation in Tampa. Ever try to translate a judgment issued a Florida state court...

More

Arbitration

Recent Reported Challenge to JAMS’ Advertising

Arbitration

Recent Reported Challenge to JAMS’ Advertising

Parties who are displeased with an arbitration award have been known set off a post-award investigation of the arbitrator, in search of facts (or innuendo) to support a vacatur motion, seeking to set aside the award on the basis of arbitral bias.  These motions are usually couched as failures by...

More

Arbitration|Courts|Employment

Supremes Grant Cert on NLRB Challenge to Class Waiver

Arbitration|Courts|Employment

Supremes Grant Cert on NLRB Challenge to Class Waiver

As has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer's unilaterally promulgated waiver of employees' right to participate in collective redress. Despite reports to the contrary, it seems prudent to remember that this is not an...

More

Conflict Resolution|Europe|systems design

Two Passions at Once

Conflict Resolution|Europe|systems design

Two Passions at Once

Those who know me, know that I am an avid enthusiast of Richard Wagner's theatre works.  This year alone I have attended a Ring Cycle in Washington, a performance of Das Rheingold in Chicago, a new productions of Tristan und Isolde at the Metropolitan Opera, another Tristan at the English...

More

Conflict Resolution|International|Mediation

Global Pound Conferences: Singapore Report

Conflict Resolution|International|Mediation

Global Pound Conferences: Singapore Report

We have previously noted the series of convenings under the auspices of the International Mediation Institute, Herbert Smith Freehills, and others, under the title "Global Pound Conference."  The first was held in Singapore in March of this year, and a formal report on the proceedings, as well as a analysis...

More

Arbitration|Courts

NY Times: “Arbitration” = Secretive and Unfair

Arbitration|Courts

NY Times: “Arbitration” = Secretive and Unfair

On the front page of today's New York Times there appears an article reporting on a legal argument that is purportedly being advanced by Wells Fargo in response to claims brought on behalf of thousands of customers in whose name, and without whose knowledge, over 2,000,000 "sham" accounts were established. The...

More

Arbitration|Courts

NJ Supreme Court on Agreements to Arbitrate

Arbitration|Courts

NJ Supreme Court on Agreements to Arbitrate

We have previously noted the New Jersey Supreme Court's somewhat radical view of arbitration agreements -- including the proposition that, to be enforceable, each party to the contract needs to understand what arbitration means.  This principle has been applied to a subsequent dispute before the State Supreme Court, resulting in...

More