The Future of Investment Arbitration in Europe
August 17, 2018

It has long been said that investment treaty arbitration is at a crossroad. This is probably most true within the European...

Efficient Arbitration – Part 1: Metrics
August 17, 2018

This is the first in a series of articles by Schoenherr focusing on efficiency in arbitration. In our series, we will explore...

Contracting Out of Public Law
August 15, 2018

In contract law, standard interpretive doctrine instructs courts to give effect to the intentions of the parties. Efficiency...

Second Circuit Vacates Order Denying Arbitration of Former Department Store Employee’s ADA Claims
August 15, 2018

The United States Court of Appeals for the Second Circuit has vacated a district court’s order stating a former department store employee cannot be compelled to arbitrate his Americans with Disabilities Act claims against the store.  In Weiss v. Macy’s Retail Holdings, Inc., No. 17-2219 (2d Cir., July 12, 2018), a man with a learning disability, Weiss, was hired by Macy’s in 1997.  In 2003, Macy’s instituted an employee dispute resolution process that required all disputes...

Third Party Funding in Investment Arbitration: Time to Change Double Standards Employed for Awarding Security for Costs?
August 14, 2018

Security for costs is a controversial territory in international arbitration, especially in investment arbitration. On one side...

No Arbitration Because Ricky Martin Is a Singer, Not a Signer
August 14, 2018

Before the last World Cup, Sony sponsored a song-writing contest.  It invited entrants to submit an original song and music...

Fifth Circuit: Lack of Employer’s Signature Dooms Arbitration Agreement
August 10, 2018

In a good win for employees fighting against the tide to bring their claims in court, the Fifth Circuit reversed a lower...

Efficient Arbitration – Part 3: Winning an Efficient Arbitration
August 9, 2018

Following up on Efficient Arbitration – Part 2: Launching an Efficient Arbitration, where we addressed efficiency tools...

The Potential Pitfalls of Contesting Arbitrability in the Arbitration
August 9, 2018

When an agreement to arbitrate contains a clear and unmistakable “delegation” provision, gateway questions of arbitrability...

Sign the Arbitration Agreement
August 8, 2018

Lots of appellate arbitration cases concern signatories, non-signatories, and other related issues. Ref-Chern, L.P.'s arbitration...