Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes. Alexander J.S. Colvin of the Economic Policy Institute in Washington, D.C., has concluded that, "since the early 2000, the share of workers subject to mandatory arbitration has more than doubled and now exceeds 55 percent." Key...
As is his practice, Larson Frisby of the ABA Governmental Affairs Office has prepared his annual Federal Legislative Update, reporting on the status of federal ADR legislation and other related proposals and measures of interest to practitioners and public policy followers. Most prominent on the list is the CFPB's final rule...
This post is prompted by mixed motives of alerting practitioners to a great CLE opportunity, and what NPR's Car Talk used to call its "Shameless Commerce Dept." A few slots remain in a two-day International ADR "Boot Camp" being offered by the AAA's International Centre for Dispute Resolution and New York Law...
A few months ago we posted disconcerting news of a dissatisfied party to a California arbitration who, rather than seeking to vacate the award pursuant to state or federal arbitration statutes, sued the arbitrator and the service provider, alleging that the arbitrator's qualifications had been misrepresented on the provider's website. The...
In March 2017, New York Law School and the American Arbitration Association convened a discussion of "Hot Topics in Arbitration," one of which involved third party funding. The event was taped and the provocative discussion can be viewed here. The issue is also addressed in a terrific article appearing in the...
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...
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...