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...

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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...

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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...

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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...

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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...

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Arbitration|Courts|Employment

Waiver of Class Action Without Arbitration Provision

Arbitration|Courts|Employment

Waiver of Class Action Without Arbitration Provision

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....

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Arbitration|Conflict Resolution|Mediation|United States

New York’s Global Pound Conference

Arbitration|Conflict Resolution|Mediation|United States

New York’s Global Pound Conference

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...

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