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“Infinite” Arbitration Clauses

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“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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New Jersey Statute Regulates Settlement Agreements

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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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World Mediation Forum Part 2: Italy, Poland, China, India, France… and Even Texas!

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World Mediation Forum Part 2: Italy, Poland, China, India, France… and Even Texas!

At the 26th convening of the UIA World Mediation Forum in Zurich on March 5-6, 2019, a panel on whether mediation should be compulsory, among representatives of France, the US, Switzerland, and Italy, wrestled with intriguing philosophical considerations.  Is compulsory court annexed ADR inconsistent with the principle of judicial access? ...

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26th UIA Mediation Forum: Developments in Switzerland

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26th UIA Mediation Forum: Developments in Switzerland

The UIA World Mediation Forum convened its 26th meeting in Zurich on March 8-9, 2019.  As usual, however interesting the many presentations were, the meeting was especially marked by the opportunity to continue friendships with mediators from around the world, and to forge new relationships. Appropriately, the first session set forth...

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Employee Class Action Waiver Independent of Arbitration Clause

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Employee Class Action Waiver Independent of Arbitration Clause

The law of employee class action waiver has, to date, been entwined in the law of arbitration.  Agreements to arbitrate being heavily favored, courts have been reluctant to refuse to enforce agreements to arbitrate that also included agreements not to engage on collective remedies such as class actions.  Now, the...

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Conflict Resolution|Uncategorized

Apple’s Terms and Conditions

Conflict Resolution|Uncategorized

Apple’s Terms and Conditions

The invaluable publisher Drawn and Quarterly has ventured smack dab into current legal controversy with the February 2017 release of Terms and Conditions: The Graphic Novel, by Robert Sikoryak. The artist has taken the complete text of the iTunes Terms and Conditions and set them to graphic comics form.  Moreover, each...

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Conflict Resolution|Courts|International|Mediation|Uncategorized

Report from Asian Mediation Association Conference

Conflict Resolution|Courts|International|Mediation|Uncategorized

Report from Asian Mediation Association Conference

I write from Beijing, where the two-day Conference of the Asian Mediation Association has been held, organized by the China Council for Promotion of International Trade (CCPIT) Mediation Centers.  I was very excited to return to Beijing after nine years' absence and to meet so many like-minded, but differently-situated, colleagues. The...

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