Courts|International|Mediation

New Swiss Rules of Mediation

Courts|International|Mediation

New Swiss Rules of Mediation

The Swiss Chambers' Arbitration Institution (SCAI) has revised its Rules of Mediation, effective July 1, 2019. The text of the new Rules is available here. The new Rules revise those that have been in effect since 2007. Of particular interest are Articles 16 and 17, which provide for the...

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Courts|Mediation|Negotiation

New Jersey Statute Regulates Settlement Agreements

Courts|Mediation|Negotiation

New Jersey Statute Regulates Settlement Agreements

New Jersey Governor Murphy has signed into law P.L.2019, c.39, which declares unenforceable any "provision in any... settlement agreement which has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment." Moreover, the new law provides that every settlement agreement addressing such claims...

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Courts|International|Mediation

Concerns on the New Singapore Convention

Courts|International|Mediation

Concerns on the New Singapore Convention

The United Nations Commission on International Trade Law (UNCITRAL) has announced agreement on a “United Nations Agreement on International Settlement Agreements Resulting from Mediation.”  Informally named the “Singapore Convention,” the instrument has been hailed as a long-sought mechanism to give cross-border disputants the confidence that, if they engage in mediation...

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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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