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...
The word is spreading across the internet and the phone lines that Frank Sander died yesterday. His profile in our field is of course stupendous, and he is often -- with good reason -- considered the "father" of the modern ADR movement. But along with others, I most remember private talks or...
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...
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...