Public Litigation, Private Arbitration?
June 25, 2018

David L. Noll, Associate Professor of Law at Rutgers School of Law, has published an interesting article...

Trickle Down Arbitration-omics
June 21, 2018

Lots of folks are writing about the long-term impact of SCOTUS’s recent decision in Epic Systems, but it is also important...

Arbitration Jiu Jitsu: Increasing the Pressure to Settle With a “Sealed Settlement Offer”
June 21, 2018

The cost of arbitration, including attorneys’ fees, can be substantial, commensurate with the matters in dispute. Your...

Fraudulent Inducement Claims Go To Arbitration
June 20, 2018

A recent case out of the Eastern District of Missouri, Schoemehl v. Unwin, No. 4:18-cv-00031-JAR, underlines the fact that...

Houston COA Denies Petition for Mandamus Relief Over Arbitration Order
June 19, 2018

In a 2-1 decision, the Court of Appeals for the First District of Texas has refused to issue a writ of mandamusdirecting...

An Arbitrator’s Power May Be Greater Than That of a Judge
June 19, 2018

Arbitration is a creature of contract, and an arbitrator’s powers are in effect defined by the parties’ arbitration agreement....

Houston Federal Court Confirms Consent Award Based on New York Convention
June 18, 2018

The Southern District of Texas in Houston has confirmed a $14 million arbitration award in an international oil and gas dispute.  In Transocean Offshore Gulf of Guinea VII Ltd., et al. v. Erin Energy Corp., No. H-17-2623 (S.D. Tex. Mar. 12, 2018), the London Court of International Arbitration issued a consent award in favor of Transocean related to a dispute with an oil and gas exploration company, Erin Energy, over a contract for work that was performed off of the coast of Nigeria. After...

Streamlined Three-Arbitrator Panel Option for Large Complex Cases
June 16, 2018

In 2017, seven out of every 10 AAA® commercial cases with claims of $1 million or more settled prior to going to award. For...

1st Circuit Issues Reminder That Courts Can Enjoin Conduct Pending Arbitration
June 13, 2018

One question I get frequently is whether a party can protect the status quo by seeking a court injunction, even if there...

Norris on the Federal Arbitration Act
June 12, 2018

Luke Norris (Columbia University - Law School; Benjamin N. Cardozo School of Law)  has posted The Parity Principle (New...