Forum Selection
New York is Top Choice for Arbitration in the US
August 14, 2014
New statistics reveal that New York is the top place for arbitration within the US, attracting almost three times as many arbitrations as Miami which was second. The findings were in the 2013 statistical report of the International Court of Arbitration of the International Chamber of Commerce (ICC) which revealed that the ICC registered 767 new cases in 2013. Of these, 22.8 per cent involved parties in the Americas, US parties were involved in 8.2 per cent of all ICC arbitrations in 2013. The city...
August 14, 2014
New statistics reveal that New York is the top place for arbitration within the US, attracting almost three times as many arbitrations as Miami which was second. The findings were in the 2013 statistical report of the International Court of Arbitration of the International Chamber of Commerce (ICC) which revealed that the ICC registered 767 new cases in 2013. Of these, 22.8 per cent involved parties in the Americas, US parties were involved in 8.2 per cent of all ICC arbitrations in 2013. The city...
Making the Case for Arbitration
August 14, 2014
Is litigation “better” than arbitration? What does “better” mean, and who decides? The debate over arbitration vs. litigation has been going on for years, and will likely continue . . . with no clear winner. Aaron Foldenauer essentially invited this discussion in his July 29 article on CorpCounsel.com, “Big Risks and Disadvantages of Arbitration vs. Litigation.” While my article responds to some of the criticisms of arbitration in that one, I hope that it is a thoughtful counterpoint....
August 14, 2014
Is litigation “better” than arbitration? What does “better” mean, and who decides? The debate over arbitration vs. litigation has been going on for years, and will likely continue . . . with no clear winner. Aaron Foldenauer essentially invited this discussion in his July 29 article on CorpCounsel.com, “Big Risks and Disadvantages of Arbitration vs. Litigation.” While my article responds to some of the criticisms of arbitration in that one, I hope that it is a thoughtful counterpoint....
Arbitration as a Means of Avoiding Class Actions
June 11, 2014
In AT&T Mobility v. Concepcion, the Supreme Court held that a waiver of class action that was part of an arbitration clause in a consumer contract was enforceable despite state law to the contrary. Subsequently, in Oxford Health Plans v. Sutton, it upheld an arbitrator’s ruling that a class action could be sustained in a commercial arbitration agreement, because the arbitrator’s finding had drawn its essence from interpretation of the arbitration agreement itself. And in American Express v. Italian...
June 11, 2014
In AT&T Mobility v. Concepcion, the Supreme Court held that a waiver of class action that was part of an arbitration clause in a consumer contract was enforceable despite state law to the contrary. Subsequently, in Oxford Health Plans v. Sutton, it upheld an arbitrator’s ruling that a class action could be sustained in a commercial arbitration agreement, because the arbitrator’s finding had drawn its essence from interpretation of the arbitration agreement itself. And in American Express v. Italian...
Forcing the Forum: The Power of Forum Selection Clauses
May 29, 2014
Forum selection clauses—i.e., contractual provisions that designate a particular venue for litigation related to the contract—are ubiquitous and potentially powerful tools found in contracts ranging from divorce settlements to complex derivative instruments. And although forum selection clauses have always been a useful tool for both counsel and management looking to control and contain the cost of potential litigation, the U.S. Supreme Court’s recent decision in Atlantic Marine Construction...
May 29, 2014
Forum selection clauses—i.e., contractual provisions that designate a particular venue for litigation related to the contract—are ubiquitous and potentially powerful tools found in contracts ranging from divorce settlements to complex derivative instruments. And although forum selection clauses have always been a useful tool for both counsel and management looking to control and contain the cost of potential litigation, the U.S. Supreme Court’s recent decision in Atlantic Marine Construction...
Judge Orders Uber to Change ADR Clause
May 8, 2014
U.S. District Judge Edward Chen has ordered Uber to change the wording of an arbitration clause in its agreement with drivers—and this time he really means it. In an order issued Thursday, the San Francisco federal judge agreed with plaintiffs lawyers that Uber's use of an arbitration agreement was meant to limit drivers' participation in several pending class actions over tips and expenses. The company must inform new drivers of the class action and how their rights would be affected by agreeing...
May 8, 2014
U.S. District Judge Edward Chen has ordered Uber to change the wording of an arbitration clause in its agreement with drivers—and this time he really means it. In an order issued Thursday, the San Francisco federal judge agreed with plaintiffs lawyers that Uber's use of an arbitration agreement was meant to limit drivers' participation in several pending class actions over tips and expenses. The company must inform new drivers of the class action and how their rights would be affected by agreeing...
Using Arbitration Clauses in Class Action Settlements
April 8, 2014
Corporations frequently rely on arbitration clauses in contracts to expediently resolve disputes, cut down litigation costs, preserve relationships with business partners and customers, and keep proprietary information private. However, despite their prevalence in other types of contracts, companies rarely use arbitration clauses in class action settlement agreements in California. For many companies, that may be a missed opportunity. The absence of arbitration clauses in class settlements may stem...
April 8, 2014
Corporations frequently rely on arbitration clauses in contracts to expediently resolve disputes, cut down litigation costs, preserve relationships with business partners and customers, and keep proprietary information private. However, despite their prevalence in other types of contracts, companies rarely use arbitration clauses in class action settlement agreements in California. For many companies, that may be a missed opportunity. The absence of arbitration clauses in class settlements may stem...
Miami Now a Hot Spot for International Arbitration
April 6, 2014
When the news broke that the $1 billion dispute over construction overruns of the Panama Canal would be arbitrated in Miami, a reporter writing a story about this “placing Miami on the arbitration map” called me for a quote. I agreed she was on the trail of a good story, but not because the case made Miami an arbitration player. The story starts with the fact that several years ago, the ultra-sophisticated parties contracting for work on one of the world’s most important construction projects...
April 6, 2014
When the news broke that the $1 billion dispute over construction overruns of the Panama Canal would be arbitrated in Miami, a reporter writing a story about this “placing Miami on the arbitration map” called me for a quote. I agreed she was on the trail of a good story, but not because the case made Miami an arbitration player. The story starts with the fact that several years ago, the ultra-sophisticated parties contracting for work on one of the world’s most important construction projects...
Denial of Certiorari in Delaware Chancery Arbitration Case
April 4, 2014
The Supreme Court has denied certiorari in Delaware Coalition for Open Government v. Strine, in which the Third Circuit struck down Delaware’s scheme allowing parties with cases before the Delaware Court of Chancery to pay an extra fee to have their matters heard by a Chancery judge sitting in the guise of an arbitrator. The Third Circuit’s decision was based on the First Amendment right of public access to judicial proceedings. As I discussed in a previous post on the case, however, in my view...
April 4, 2014
The Supreme Court has denied certiorari in Delaware Coalition for Open Government v. Strine, in which the Third Circuit struck down Delaware’s scheme allowing parties with cases before the Delaware Court of Chancery to pay an extra fee to have their matters heard by a Chancery judge sitting in the guise of an arbitrator. The Third Circuit’s decision was based on the First Amendment right of public access to judicial proceedings. As I discussed in a previous post on the case, however, in my view...
Miami Shines as International Arbitration Hot Spot
March 4, 2014
It sounds like international arbitrators are taking a page out of Will Smith’s book (or at least one of his songs), because Miami has become the hot spot for alternative dispute resolution, according to Joseph Mamounas and Jose Ferrer in Bilzin Sumberg’s New Miami blog. Miami is home to the Latin American headquarters for many multinational companies and is the worldwide base of at least five of the Fortune 500 corporations, according to Mamounas and Ferrer, making it a prime corporate...
March 4, 2014
It sounds like international arbitrators are taking a page out of Will Smith’s book (or at least one of his songs), because Miami has become the hot spot for alternative dispute resolution, according to Joseph Mamounas and Jose Ferrer in Bilzin Sumberg’s New Miami blog. Miami is home to the Latin American headquarters for many multinational companies and is the worldwide base of at least five of the Fortune 500 corporations, according to Mamounas and Ferrer, making it a prime corporate...
NASDAQ, NYSE File Amicus Brief in Support of Arbitration
February 25, 2014
NASDAQ and the NYSE Euronext, the nation's two largest stock exchanges, filed an amicus brief today with the U.S. Supreme Court in support of the Delaware Court of Chancery's confidential arbitration program. The stock exchanges are the first companies to support the Chancery Court's program through amicus briefs.
February 25, 2014
NASDAQ and the NYSE Euronext, the nation's two largest stock exchanges, filed an amicus brief today with the U.S. Supreme Court in support of the Delaware Court of Chancery's confidential arbitration program. The stock exchanges are the first companies to support the Chancery Court's program through amicus briefs.
