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Arbitration
Comparison of International Arbitration Rules
October 29, 2013
Thanks to Deborah Rothman, here is a link to a chart comparing the arbitration rules of some of the best-known international arbitration organizations, such as ICC, UNCITRAL, HKIAC and LCIA, with regard to such factors as the default number of arbitrators, language of the proceedings, submission of evidence, non-appearing parties and interim measures. The chart was done by Kennedys, an international law firm.
October 29, 2013
Thanks to Deborah Rothman, here is a link to a chart comparing the arbitration rules of some of the best-known international arbitration organizations, such as ICC, UNCITRAL, HKIAC and LCIA, with regard to such factors as the default number of arbitrators, language of the proceedings, submission of evidence, non-appearing parties and interim measures. The chart was done by Kennedys, an international law firm.
The Pros and Cons of ADR Clauses
October 25, 2013
Employers across the country have witnessed a flurry of significant decisions in recent years culminating in several U.S. Supreme Court rulings reinforcing the enforceability of arbitration agreements generally, and more specifically, class action waiver provisions. These headline-grabbing cases have sparked renewed debate as to whether arbitration programs are advisable, particularly in California where the fate of class action waivers is less certain and existing case law imposes a number of requirements...
October 25, 2013
Employers across the country have witnessed a flurry of significant decisions in recent years culminating in several U.S. Supreme Court rulings reinforcing the enforceability of arbitration agreements generally, and more specifically, class action waiver provisions. These headline-grabbing cases have sparked renewed debate as to whether arbitration programs are advisable, particularly in California where the fate of class action waivers is less certain and existing case law imposes a number of requirements...
Appeals Court Throws Out Confidential Arbitration in Delaware
October 24, 2013
A decision by a federal appeals court has ended Delaware’s experiment with confidential arbitration. In an opinion released Wednesday, a three-judge panel for the United States Court of Appeals for the Third Circuit upheld a lower court ruling that Delaware’s state-sponsored arbitration program violated the First Amendment. The controversial arbitration program was established by Delaware in 2009. Delaware is the leading state for incorporations by public companies, and the five judges...
October 24, 2013
A decision by a federal appeals court has ended Delaware’s experiment with confidential arbitration. In an opinion released Wednesday, a three-judge panel for the United States Court of Appeals for the Third Circuit upheld a lower court ruling that Delaware’s state-sponsored arbitration program violated the First Amendment. The controversial arbitration program was established by Delaware in 2009. Delaware is the leading state for incorporations by public companies, and the five judges...
In Practice: Bespoke Arbitration
October 23, 2013
The parties can craft an off-the-rack proceeding to suit the needs of the case, explains Jerome Falk of JAMS.
October 23, 2013
The parties can craft an off-the-rack proceeding to suit the needs of the case, explains Jerome Falk of JAMS.
In 5-2 Ruling, Justices Cut Path Through ‘Concepcion’
October 23, 2013
Unconscionability remains a valid defense to compulsory arbitration clauses that are "unreasonably one-sided," wrote Justice Goodwin Liu.
October 23, 2013
Unconscionability remains a valid defense to compulsory arbitration clauses that are "unreasonably one-sided," wrote Justice Goodwin Liu.
Chevron Ecuador Lawsuit Financier Tells Judge of Regrets
October 22, 2013
One of the financiers of an environmental lawsuit that led to a $19 billion verdict against Chevron Corp. in Ecuador told a judge that he came to regret funding the case once after learning that it may be a fraud. Burford Capital LLC Chief Executive Officer Christopher Bogart told a Manhattan federal judge yesterday that his firm, which he described as the world’s largest dedicated litigation financing provider, supplied $4 million to the Ecuadorean plaintiffs and later sold the share when...
October 22, 2013
One of the financiers of an environmental lawsuit that led to a $19 billion verdict against Chevron Corp. in Ecuador told a judge that he came to regret funding the case once after learning that it may be a fraud. Burford Capital LLC Chief Executive Officer Christopher Bogart told a Manhattan federal judge yesterday that his firm, which he described as the world’s largest dedicated litigation financing provider, supplied $4 million to the Ecuadorean plaintiffs and later sold the share when...
ND Texas Compels Would-Be FLSA Class Action to Arbitration
October 18, 2013
The Northern District of Texas has accepted a United States Magistrate Judge’s findings, conclusions, and recommendation that a putative class action lawsuit filed pursuant to the Fair Labor Standards Act (“FLSA”) be submitted to arbitration. In Rogers v. Epic Health Services, Inc., No. 3:13-CV-1752-O, (N. D. Tex., September 17, 2013) the court granted Epic Heath Services, Inc.’s (“Epic”) motion to compel arbitration in a one page order. In the case, Joshua Rogers worked at Epic...
October 18, 2013
The Northern District of Texas has accepted a United States Magistrate Judge’s findings, conclusions, and recommendation that a putative class action lawsuit filed pursuant to the Fair Labor Standards Act (“FLSA”) be submitted to arbitration. In Rogers v. Epic Health Services, Inc., No. 3:13-CV-1752-O, (N. D. Tex., September 17, 2013) the court granted Epic Heath Services, Inc.’s (“Epic”) motion to compel arbitration in a one page order. In the case, Joshua Rogers worked at Epic...
Arbitrators Rule in Favor of Chevron in Ecuador Oil Pollution
October 18, 2013
A panel of three international arbitrators has found that United States oil company Chevron is not liable for “collective damage” claims in the company’s ongoing dispute over oil contamination in parts of Ecuador’s Amazon rainforest. The panel reportedly found that a 1995 agreement signed by Chevron’s predecessor, Texaco Corporation, released the oil giant from such liability. Still, the panel of arbitrators did not rule whether Chevron may be held liable for any damages endured by individual...
October 18, 2013
A panel of three international arbitrators has found that United States oil company Chevron is not liable for “collective damage” claims in the company’s ongoing dispute over oil contamination in parts of Ecuador’s Amazon rainforest. The panel reportedly found that a 1995 agreement signed by Chevron’s predecessor, Texaco Corporation, released the oil giant from such liability. Still, the panel of arbitrators did not rule whether Chevron may be held liable for any damages endured by individual...
SCOTUS Set To Hear At Least One Arbitration Case This Term
October 17, 2013
The U.S. Supreme Court has been knocking out blockbuster arbitration opinions annually in recent years. 2010? Stolt-Nielsen and Rent-a-Center. 2011? Concepcion. 2012? CompuCredit (Okay, that does not qualify as a blockbuster.) 2013? AmEx and Sutter. At this point, SCOTUS has accepted roughly half of the cases it will hear this year, and only one arbitration case is on the docket, with two other petitions having been denied. The case it will hear (on December 2) is BG Group...
October 17, 2013
The U.S. Supreme Court has been knocking out blockbuster arbitration opinions annually in recent years. 2010? Stolt-Nielsen and Rent-a-Center. 2011? Concepcion. 2012? CompuCredit (Okay, that does not qualify as a blockbuster.) 2013? AmEx and Sutter. At this point, SCOTUS has accepted roughly half of the cases it will hear this year, and only one arbitration case is on the docket, with two other petitions having been denied. The case it will hear (on December 2) is BG Group...
Corpus Christi COA Affirms Temporary Injunction Pending Arbitration
October 16, 2013
The Corpus Christi Court of Appeals has affirmed a temporary injunction pending arbitration in a natural gas pipeline dispute. ...
October 16, 2013
The Corpus Christi Court of Appeals has affirmed a temporary injunction pending arbitration in a natural gas pipeline dispute. ...
