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...
Tag Archives: Courts
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...
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...
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...
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...
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...
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...