In considering the debates raging about the enforceability of class action waiver provisions in arbitration clauses, I have always assumed that the arbitration clause was there just as a vessel to hold the class action provision. That is, I thought that there was no vehicle to waive class actions outright....
A group of very prominent stakeholders on commercial dispute resolution met at Cardozo Law School on September 12, 2016, to conduct the New York City session of the Global Pound Conference. Of all the many institutions and volunteers who were responsible for this success, the International Mediation Institute takes the...
Larson Frisby of the American Bar Association recently prepared an informative memo updating the pending federal legislation and regulations that pertain to mediation and arbitration. The memo was presented at the ABA Dispute Resolution Section Council meeting in August and is well worth serious study. It is posted on the...
By now I've attended or participated in quite a few task forces, speeches, conference panels and other occasions in which the issue of class action waivers in consumer arbitration clauses has been discussed. Just about each time, just about each speaker has been either smarter or better informed than I...
The upcoming Annual Meeting of the ABA Business Law Section in Boston (Sept. 8-10) features two opportunities to understand the various perspectives on recently promulgated proposed rules of the Consumer Financial Protection Bureau. The rules, if they become effective, would (among other things) render unenforceable provisions of consumer agreements that...
