A recent message from the University of Missouri announced a valuable addition to dispute resolution resources online. ...
Tag Archives: Arbitration
The Consumer Financial Protection Bureau is preparing to propose regulations addressing what it perceives as unfair and exploitative practices by organizations in their treatment of consumers. In its snappily-titled October 7, 2015 Outline of Proposals Under Consideration and Alternatives Considered, the Bureau tentatively proposed to: (1) bar class action waivers in...
A recent trip to Turkey included a delightful visit at the offices of leading Turkish law firm Hergüner Bilgen Özeke and several of its members, including H. Tolga Danisman. Tolga and I met in the most recent convening of the UIA World Mediation Forum, in Amsterdam, and it was a...
Also at the UIA Forum in Amsterdam, a panel on “Med/Arb: Myth or Reality!” was offered, complete with exclamation mark. The panelists were from the US and the UK, which seemed odd inasmuch as I had understood that the practice of med/arb -- that is, of wearing more than one...
The recent issue of The Business Lawyer, a publication of the ABA Business Law Section, addresses a topic of particular interest: "the hard choices that face a general counsel when weighing the pros and cons of whether and when a particular complex business dispute is better suited for litigation in...
Its first attempt having been stricken by the Third Circuit, the Delaware General Assembly recently enacted the Delaware Rapid Arbitration Act that seems ideally suited to a broad range of business disputes, and is a welcome contribution to rational, reasonable and responsive arbitration law. Among its features, the Act requires that...
The Ninth Circuit Court of Appeals recently issued a writ of mandamus directing a district court to vacate an order disqualifying an arbitrator, while the arbitration was pending. Its succinct opinion in In re Sussex (No. 14-70158, January 27, 2015) serves as a clear lesson in the limitations of judicial...