Arbitration

“Infinite” Arbitration Clauses

Arbitration

“Infinite” Arbitration Clauses

Prof. David Horton of the University of California, Davis, School of Law has posted a provocative article scheduled to be published by the University of Pennsylvania Law Review. Titled "Infinite Arbitration Clauses," it collects and comments upon purported arbitration "agreements" pursuant to which one party seeks to obligate another...

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Arbitration

Another Wrong Arbitration Decision in New Jersey

Arbitration

Another Wrong Arbitration Decision in New Jersey

It's not often that an excellent court simply misconstrues -- or worse ignores -- relevant state statutes and superseding federal law.  But the Superior Court Appellate Division of New Jersey seems to have done so.  We assume that it was trying to protect employees claiming age discrimination.  In fact, it...

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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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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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Arbitration|Courts|United States

Arbitration of Criminal Plea Bargains? A Step Too Far Says Ninth Circuit

Arbitration|Courts|United States

Arbitration of Criminal Plea Bargains? A Step Too Far Says Ninth Circuit

Thanks to Loyola Prof. Imre Szalai for bringing to our attention the interesting Ninth Circuit decision in Breazeale v. Victim Services, Inc., holding that disputes between a putative criminal defendant and a private company contracted by a prosecutor pursuant to a criminal diversion process are not subject to arbitration. Victim Services...

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