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Arbitration
Third Circuit Weighs In on Class Arbitrability Issue
August 1, 2014
In Opalinski v. Robert Half International, the Third Circuit held that the question whether parties agreed to class arbitration...
August 1, 2014
In Opalinski v. Robert Half International, the Third Circuit held that the question whether parties agreed to class arbitration...
NLRB GC Says McDonald’s a Joint Employer With Franchisees
July 31, 2014
Richard Griffin Jr., general counsel of the National Labor Relations Board (NLRB), on Tuesday brought a new meaning to the phrase...
July 31, 2014
Richard Griffin Jr., general counsel of the National Labor Relations Board (NLRB), on Tuesday brought a new meaning to the phrase...
New Executive Order Blocks Mandatory Employment Arbitration
July 31, 2014
FOI Jean Sternlight (UNLV) provides us with this guest post on the President’s recent actions on employment arbitration. President Obama today signed a new Fair Pay and Safe Workplaces Executive Order refusing to grant government contracts of over a million dollars to companies who mandate their employees arbitrate disputes involving discrimination, accusations of sexual assault, or harassment. This new order mirrors protections Congress already provided to employees of Defense Department contractors...
July 31, 2014
FOI Jean Sternlight (UNLV) provides us with this guest post on the President’s recent actions on employment arbitration. President Obama today signed a new Fair Pay and Safe Workplaces Executive Order refusing to grant government contracts of over a million dollars to companies who mandate their employees arbitrate disputes involving discrimination, accusations of sexual assault, or harassment. This new order mirrors protections Congress already provided to employees of Defense Department contractors...
Big Risks and Disadvantages of Arbitration vs. Litigation
July 30, 2014
Three recent high-profile arbitral awards highlight the risks of arbitration and demonstrate that, contrary to widespread belief, arbitration is often not cheaper, faster or more predictable than litigation. These three awards, as well as emerging trends in arbitral proceedings, call into question the common practice among corporations of including contractual provisions mandating arbitration in the event of any disputes. In May of this year, in arbitration proceedings that have been pending for nearly...
July 30, 2014
Three recent high-profile arbitral awards highlight the risks of arbitration and demonstrate that, contrary to widespread belief, arbitration is often not cheaper, faster or more predictable than litigation. These three awards, as well as emerging trends in arbitral proceedings, call into question the common practice among corporations of including contractual provisions mandating arbitration in the event of any disputes. In May of this year, in arbitration proceedings that have been pending for nearly...
LCIA Announces Adoption of New Arbitration Rules
July 29, 2014
On July 25, 2014, the London Court of International Arbitration (“LCIA”) released a revised set of its Arbitration Rules. The new Rules will apply to any LCIA arbitration commenced on or after October 1, 2014, unless the parties agree otherwise. The new Rules preserve all of the notable features of LCIA arbitration. At the same time, several significant changes have been made, including with respect to (1) the form of and law governing the arbitration agreement, (2) the conduct of the proceedings,...
July 29, 2014
On July 25, 2014, the London Court of International Arbitration (“LCIA”) released a revised set of its Arbitration Rules. The new Rules will apply to any LCIA arbitration commenced on or after October 1, 2014, unless the parties agree otherwise. The new Rules preserve all of the notable features of LCIA arbitration. At the same time, several significant changes have been made, including with respect to (1) the form of and law governing the arbitration agreement, (2) the conduct of the proceedings,...
Yukos Scores $50 Billion Arbitration Victory
July 28, 2014
The $50 billion ruling against Russia is certainly the largest in arbitration history. And it may stand as the largest litigation victory ever. For full coverage, visit our affiliate publication The American Lawyer (subscription required). Read more: http://www.corpcounsel.com/id=1202664849366/Yukos-Scores-3650-Billion-Arbitration-Victory#ixzz38nAquZLl A court in the Netherlands has ordered Russia to pay more than $50 billion in damages to the former shareholders of the now defunct Yukos...
July 28, 2014
The $50 billion ruling against Russia is certainly the largest in arbitration history. And it may stand as the largest litigation victory ever. For full coverage, visit our affiliate publication The American Lawyer (subscription required). Read more: http://www.corpcounsel.com/id=1202664849366/Yukos-Scores-3650-Billion-Arbitration-Victory#ixzz38nAquZLl A court in the Netherlands has ordered Russia to pay more than $50 billion in damages to the former shareholders of the now defunct Yukos...
Class-Action Waivers in Calif. and Beyond After ‘Iskanian’
July 28, 2014
In June the California Supreme Court issued its much-anticipated decision in Iskanian v. CLS Transportation of Los Angeles. In its already controversial opinion, the court held that its prior decision in Gentry v. Superior Court, which had held that a class-action waiver would not be enforced if it undermined the vindication of employees’ statutory rights, could not survive the U.S. Supreme Court’s decision in AT&T Mobility v. Concepcion. The court further held that the Federal Arbitration Act (FAA)...
July 28, 2014
In June the California Supreme Court issued its much-anticipated decision in Iskanian v. CLS Transportation of Los Angeles. In its already controversial opinion, the court held that its prior decision in Gentry v. Superior Court, which had held that a class-action waiver would not be enforced if it undermined the vindication of employees’ statutory rights, could not survive the U.S. Supreme Court’s decision in AT&T Mobility v. Concepcion. The court further held that the Federal Arbitration Act (FAA)...
20 Questions Every Corporate General Counsel or Head of Litigation Might Very Well Ask
July 22, 2014
Being responsible for resolving a large number of disputes for any organization is a stressful occupation. It involves risk,...
July 22, 2014
Being responsible for resolving a large number of disputes for any organization is a stressful occupation. It involves risk,...
Arbitration Survives Contract’s Expiration
July 18, 2014
For the first time, a federal circuit court has examined whether an agreement’s arbitration clause still applies after the agreement expires where the agreement’s survival clause does not specifically list the arbitration provision. The court found that the arbitration clause survived because the parties did not clearly imply that it was to expire with the agreement. Huffman v. Hilltop Cos., LLC. Strong Presumption Favoring Arbitration The plaintiffs worked for The Hilltop Companies reviewing...
July 18, 2014
For the first time, a federal circuit court has examined whether an agreement’s arbitration clause still applies after the agreement expires where the agreement’s survival clause does not specifically list the arbitration provision. The court found that the arbitration clause survived because the parties did not clearly imply that it was to expire with the agreement. Huffman v. Hilltop Cos., LLC. Strong Presumption Favoring Arbitration The plaintiffs worked for The Hilltop Companies reviewing...
Alabama Confirms Arbitrators’ Grant of Judgment As A Matter of Law
July 17, 2014
Just as SCOTUS held its nose and confirmed an arbitration award it thought stunk in Sutter, the Supreme Court of Alabama has confirmed an arbitration award made after only the claimant presented evidence and grounded in a possible misunderstanding of Alabama law. Tucker v. Ernst & Young, __ So.3d__, 2014 WL 2619860 (Ala. June 13, 2014). In Tucker, shareholders of HealthSouth Corporation (in the name of the company) asserted claims against HealthSouth’s accountants, Ernst & Young, alleging that...
July 17, 2014
Just as SCOTUS held its nose and confirmed an arbitration award it thought stunk in Sutter, the Supreme Court of Alabama has confirmed an arbitration award made after only the claimant presented evidence and grounded in a possible misunderstanding of Alabama law. Tucker v. Ernst & Young, __ So.3d__, 2014 WL 2619860 (Ala. June 13, 2014). In Tucker, shareholders of HealthSouth Corporation (in the name of the company) asserted claims against HealthSouth’s accountants, Ernst & Young, alleging that...
