Arbitration|Courts

Supreme Court Grants Cert Addressing Delegation of Arbitrability

Arbitration|Courts

Supreme Court Grants Cert Addressing Delegation of Arbitrability

Upon reconvening in October 2018, the Supreme Court will take up  an interesting question involving the familiar rules of First Options v. Kaplan:  Who is to decide whether a claim is subject to arbitration -- a court or the arbitrator?  The peculiar facts giving rise to that concern in Archer...

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International|Mediation

Mediation Settlement Enforcement Protocol Approved

International|Mediation

Mediation Settlement Enforcement Protocol Approved

Deborah Masucci, Chair of the International Mediation Institute, advises: "Yesterday [25 June 2018],during the 51st Session of UNCITRAL, the final drafts were finalized for a Convention on the Enforcement of Mediation Settlements and a Model Law for the same.  The drafts are being referred to the Commission for adoption later this...

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Conflict Resolution|Negotiation|Teaching

A New Anagram from Michael Leathes

Conflict Resolution|Negotiation|Teaching

A New Anagram from Michael Leathes

The irrepressible -- and for many of us irreplaceable -- Michael Leathes has spread the word of a new proposal, for an international negotiation initiative called the International Negotiation Initiative, or INI. Leathes, author of the recent and excellent book Negotiation: Things Corporate Counsel Need to Know But Were Never Taught...

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Arbitration|Courts

Supreme Court’s Grant of Cert Will Examine Difference Between “Arbitrability” and “Jurisdiction”

Arbitration|Courts

Supreme Court’s Grant of Cert Will Examine Difference Between “Arbitrability” and “Jurisdiction”

The Supreme Court has granted certiorari to review the decision of the 1st Circuit in Oliveira v. New Prime, Inc. (No. 15-2364, May 12, 2017).   One of the issues before the Court is particularly interesting:  Whether a delegation clause vesting in an arbitrator questions of arbitrability of a claim has...

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Arbitration|Courts

Use of JAMS Rules Constitutes Clear and Unmistakable Delegation of Arbitrability to Arbitrator

Arbitration|Courts

Use of JAMS Rules Constitutes Clear and Unmistakable Delegation of Arbitrability to Arbitrator

A recent Fourth Circuit decision, SIMPLY WIRELESS, INC,  v. T-MOBILE US, INC, (No. 16-1123, December 13, 2017) is the third circuit decision holding that, as between sophisticated commercial parties, the designation of JAMS or AAA Commercial Arbitration Rules constitutes an enforceable delegation to the arbitrator of challenges to arbitrability. In this...

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Arbitration|Conflict Resolution|Courts|Mediation|United States

ADR and Diversity

Arbitration|Conflict Resolution|Courts|Mediation|United States

ADR and Diversity

Last year, New York Law School and the ABA Business Law Section convened all three of the CEOs of the national ADR organizations, plus other leaders, to address persistent issues of lack of diversity in the mediation and arbitration profession.  This year, on the afternoon of January 17, 2018, the...

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