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...

More

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...

More

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...

More

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...

More

Arbitration|Conflict Resolution|Courts|United States

Metrics on Arbitration Efficiency

Arbitration|Conflict Resolution|Courts|United States

Metrics on Arbitration Efficiency

The current issue of New York Dispute Resolution Lawyer -- really a very good publication of the New York State Bar Association's Dispute Resolution Section -- includes a brief article by Roy Weinstein of the economic research and consulting firm Micronomics.  The article summarizes certain findings of a study comparing...

More

Conflict Resolution|Courts|International|Mediation|systems design

Market Disruption, Anyone?

Conflict Resolution|Courts|International|Mediation|systems design

Market Disruption, Anyone?

You can read all kinds of Richard Susskind books about disruption in the legal markets, but sometimes, like St. Thomas, you gotta see it to believe it. Recently I attended a Mediation Summit in Hangzhou, China, and with some other American colleagues I was given a tour of the West Lake...

More

Arbitration|Courts|United States

ADR Legislative Update

Arbitration|Courts|United States

ADR Legislative Update

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...

More