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Arbitration
The Future of Class Arbitration Part I
April 22, 2014
In recent years, the Supreme Court has frequently granted certiorari in class arbitration cases. In the wake of AT&T...
April 22, 2014
In recent years, the Supreme Court has frequently granted certiorari in class arbitration cases. In the wake of AT&T...
Mass and Class Claims in Arbitration
April 1, 2014
On April 9, the 11th Annual ITA-ASIL Conference: Mass and Class Claims in Arbitration will be presented from 12:00 noon – 4:30 p.m. in Washington D.C. at the Ronald Reagan International Trade Center. The conference examines the competing trends and future prospects for class and mass claims in litigation and arbitration and features a keynote address by Carolyn B. Lamm (White & Case LLP, Washington, D.C.), past President of the ABA and lead advocate for the 60,000 Italian claimants in Abaclat v. Argentine...
April 1, 2014
On April 9, the 11th Annual ITA-ASIL Conference: Mass and Class Claims in Arbitration will be presented from 12:00 noon – 4:30 p.m. in Washington D.C. at the Ronald Reagan International Trade Center. The conference examines the competing trends and future prospects for class and mass claims in litigation and arbitration and features a keynote address by Carolyn B. Lamm (White & Case LLP, Washington, D.C.), past President of the ABA and lead advocate for the 60,000 Italian claimants in Abaclat v. Argentine...
We All Live In Arbitration Land (But We Shouldn’t Have To)
March 31, 2014
“We all live in …” is often part of a solidarity rallying cry, like “We all live in Wisconsin” expressing unity against union busting, or “We all live in Bhopal” showing support after the devastating 1984 gas disaster. ("We all live in a Yellow Submarine" does not count!) So today, we all live in Arbitration Land. If it takes professional dancers to make you understand that you live there too, then so be it. In this case, those dancers would be the Oakland Raider cheerleaders...
March 31, 2014
“We all live in …” is often part of a solidarity rallying cry, like “We all live in Wisconsin” expressing unity against union busting, or “We all live in Bhopal” showing support after the devastating 1984 gas disaster. ("We all live in a Yellow Submarine" does not count!) So today, we all live in Arbitration Land. If it takes professional dancers to make you understand that you live there too, then so be it. In this case, those dancers would be the Oakland Raider cheerleaders...
Arbitral Autonomy
February 4, 2014
Ali Khan, Professor of Law at Washburn University School of Law, has published an interesting article entitled, Arbitral Autonomy, Louisiana Law Review, Vol. 74, No. 2, 2013. In his paper, Professor Khan discusses the need to minimize court challenges to arbitration in order to successfully achieve arbitral autonomy. Here is the abstract: This Article presents concrete proposals to amend the current arbitration law for minimizing court intervention into arbitration proceedings and enforcement...
February 4, 2014
Ali Khan, Professor of Law at Washburn University School of Law, has published an interesting article entitled, Arbitral Autonomy, Louisiana Law Review, Vol. 74, No. 2, 2013. In his paper, Professor Khan discusses the need to minimize court challenges to arbitration in order to successfully achieve arbitral autonomy. Here is the abstract: This Article presents concrete proposals to amend the current arbitration law for minimizing court intervention into arbitration proceedings and enforcement...
Managing a Successful Arbitration
January 28, 2014
Managing a Successful Arbitration: A one day event providing attorneys, corporate counsel, HR & business...
January 28, 2014
Managing a Successful Arbitration: A one day event providing attorneys, corporate counsel, HR & business...
Arbitral Autonomy
December 27, 2013
Ali Khan, Professor of Law at Washburn University School of Law, has published an interesting article entitled, Arbitral Autonomy, Louisiana Law Review, Vol. 74, No. 2, 2013. In his paper, Professor Khan discusses the need to minimize court challenges to arbitration in order to successfully achieve arbitral autonomy. Here is the abstract: This Article presents concrete proposals to amend the current arbitration law for minimizing court intervention into arbitration proceedings and enforcement...
December 27, 2013
Ali Khan, Professor of Law at Washburn University School of Law, has published an interesting article entitled, Arbitral Autonomy, Louisiana Law Review, Vol. 74, No. 2, 2013. In his paper, Professor Khan discusses the need to minimize court challenges to arbitration in order to successfully achieve arbitral autonomy. Here is the abstract: This Article presents concrete proposals to amend the current arbitration law for minimizing court intervention into arbitration proceedings and enforcement...
Fourth Circuit Avoids Choosing Between “Chevron” Deference to Regulatory Agency and Pro-Arbitration FAA Policy
December 17, 2013
The US Court of Appeals for the Fourth Circuit in Seney v. Rent-a-Center, Inc. (No. 13-1064, 4th Cir., Dec. 11. 2013) avoided deciding whether Federal agency regulatory limits on pre-dispute arbitration agreements for consumer warranty disputes, promulgated by the US Federal Trade Commission (FTC) under the general authority of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. (the “MMWA”), are consistent with US Federal Arbitration Act (FAA) pro-arbitration jurisprudence. The Court...
December 17, 2013
The US Court of Appeals for the Fourth Circuit in Seney v. Rent-a-Center, Inc. (No. 13-1064, 4th Cir., Dec. 11. 2013) avoided deciding whether Federal agency regulatory limits on pre-dispute arbitration agreements for consumer warranty disputes, promulgated by the US Federal Trade Commission (FTC) under the general authority of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. (the “MMWA”), are consistent with US Federal Arbitration Act (FAA) pro-arbitration jurisprudence. The Court...
“Manifest Disregard of the Law” is Alive and Well and Vacating Arbitrations in Fourth Circuit
November 21, 2013
The Federal Arbitration Act sets forth only four bases for vacating arbitration awards. See 9 U.S.C. § 10 (a). After SCOTUS’s 2008 decision in Hall Street, at least half of the circuit courts have concluded that those four bases are exclusive, de-legitimizing the creative bases that judges had developed over the years. However, a recent Fourth Circuit opinion vacated an arbitration award for ”manifest disregard of the law,” a judicially-created basis for vacating arbitration...
November 21, 2013
The Federal Arbitration Act sets forth only four bases for vacating arbitration awards. See 9 U.S.C. § 10 (a). After SCOTUS’s 2008 decision in Hall Street, at least half of the circuit courts have concluded that those four bases are exclusive, de-legitimizing the creative bases that judges had developed over the years. However, a recent Fourth Circuit opinion vacated an arbitration award for ”manifest disregard of the law,” a judicially-created basis for vacating arbitration...
Third Circuit Says Delaware Can’t Have Secret Arbitrations By Judges
November 18, 2013
The Third Circuit ruled last week that Delaware’s Chancery Court could not offer its judges’ services as neutral arbitrators in its courtrooms, unless those arbitrations were open to the public. In 2009, the Delaware courts decided to provide arbitration. The state amended its laws to create an arbitration process that was only open to disputes worth more than a million dollars with at least one party being a business incorporated in Delaware (and no party being a consumer). The parties...
November 18, 2013
The Third Circuit ruled last week that Delaware’s Chancery Court could not offer its judges’ services as neutral arbitrators in its courtrooms, unless those arbitrations were open to the public. In 2009, the Delaware courts decided to provide arbitration. The state amended its laws to create an arbitration process that was only open to disputes worth more than a million dollars with at least one party being a business incorporated in Delaware (and no party being a consumer). The parties...
National Labor Relations Board Increases Its Focus on Issues Impacting Nonunionized Employers (Arbitration)
November 14, 2013
II. The Board Attacks Arbitration Policies and Agreements in Two Key Ways. The Board, and its General Counsel, in recent...
November 14, 2013
II. The Board Attacks Arbitration Policies and Agreements in Two Key Ways. The Board, and its General Counsel, in recent...
