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arbitration clauses
Arbitration Clauses That Avoid Arbitrability Disputes
August 26, 2013
It is very common to draft an arbitration clause to apply only to certain types of disputes—but usually a mistake to do so. If the parties want arbitration for certain issues, they would be well advised to consider arbitration for all of them. A typical “limited subject matter” arbitration clause might read: “Any controversy or claim arising out of or relating to this contract or the breach thereof that concerns [tax obligations, intellectual property rights, employment issues, purchase...
August 26, 2013
It is very common to draft an arbitration clause to apply only to certain types of disputes—but usually a mistake to do so. If the parties want arbitration for certain issues, they would be well advised to consider arbitration for all of them. A typical “limited subject matter” arbitration clause might read: “Any controversy or claim arising out of or relating to this contract or the breach thereof that concerns [tax obligations, intellectual property rights, employment issues, purchase...
The Next Frontier of Arbitration Litigation: Lessons From State Courts
August 22, 2013
After reading more than 40 decisions about arbitration from state high courts, issued just in the past eight months, I have two bits of wisdom to share. First, that is not the best way to spend your summer vacation, even for a devoted arbitration nerd. And second, there are arbitration issues percolating in state courts that counsel practicing in this area should be aware of. In particular, state courts are: 1) working hard to avoid having the FAA preempt their developed defenses to arbitration...
August 22, 2013
After reading more than 40 decisions about arbitration from state high courts, issued just in the past eight months, I have two bits of wisdom to share. First, that is not the best way to spend your summer vacation, even for a devoted arbitration nerd. And second, there are arbitration issues percolating in state courts that counsel practicing in this area should be aware of. In particular, state courts are: 1) working hard to avoid having the FAA preempt their developed defenses to arbitration...
Bill Banning Predispute Arbitration Clauses in Broker-Dealers’ Customer Agreements Introduced into Congress
August 21, 2013
Last Friday, Rep. Keith Ellison (D-Minn) introduced the “Investor Choice Act” into the House of Representatives, a bill that proposes to ban broker-dealers, investment advisers, funding portals and municipal securities dealers from including mandatory arbitration clauses in their customer and client agreements. While Dodd-Frank explicitly authorized the Securities and Exchange Commission to ban such arbitration clauses to protect investors, fhe SEC has not yet acted on its authority and Commissioner...
August 21, 2013
Last Friday, Rep. Keith Ellison (D-Minn) introduced the “Investor Choice Act” into the House of Representatives, a bill that proposes to ban broker-dealers, investment advisers, funding portals and municipal securities dealers from including mandatory arbitration clauses in their customer and client agreements. While Dodd-Frank explicitly authorized the Securities and Exchange Commission to ban such arbitration clauses to protect investors, fhe SEC has not yet acted on its authority and Commissioner...
Law Firm Engagement Letter Arbitration Clauses: A Higher Standard Required?
June 12, 2013
Should law firms be required to meet heightened standards before they are able to contract with clients to arbitrate malpractice lawsuits? If so, how high should these standards be? When lawyers and their clients (or clients and their lawyers, if you prefer) use ADR, we typically applaud them for choosing a process that is generally faster, cheaper and more satisfying than can be found in the crowded judicial system. But when lawyers stipulate to arbitration in their engagement letters with their...
June 12, 2013
Should law firms be required to meet heightened standards before they are able to contract with clients to arbitrate malpractice lawsuits? If so, how high should these standards be? When lawyers and their clients (or clients and their lawyers, if you prefer) use ADR, we typically applaud them for choosing a process that is generally faster, cheaper and more satisfying than can be found in the crowded judicial system. But when lawyers stipulate to arbitration in their engagement letters with their...
Part Two: Preparing for the 2011 Fortune 1,000 Survey of Corporate Counsel
May 1, 2013
As alternative dispute resolution quietly integrated into conflict resolution practices previously dominated by litigation,...
May 1, 2013
As alternative dispute resolution quietly integrated into conflict resolution practices previously dominated by litigation,...
Authority To Enter Into Contract Is Issue For Courts, Not Arbitrators
February 26, 2013
The Third Circuit just issued a decision that tries to divine the dividing line between challenges to the formation of...
February 26, 2013
The Third Circuit just issued a decision that tries to divine the dividing line between challenges to the formation of...
