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Arbitration
Class Action Waiver in Arbitration Agreement Will Be Strictly Enforced Under the Federal Arbitration Act
July 2, 2013
The Court on Thursday continued its recent trend of strictly enforcing the terms of arbitration agreements, holding that a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act (FAA) even if the cost of proving an individual claim in arbitration exceeds the potential recovery. The Court’s opinion likely makes such class action waivers ironclad in the absence of specific legislation to the contrary or evidence – such as unconscionability under state law – that...
July 2, 2013
The Court on Thursday continued its recent trend of strictly enforcing the terms of arbitration agreements, holding that a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act (FAA) even if the cost of proving an individual claim in arbitration exceeds the potential recovery. The Court’s opinion likely makes such class action waivers ironclad in the absence of specific legislation to the contrary or evidence – such as unconscionability under state law – that...
Res Judicata from Arbitration
July 1, 2013
The parties arbitrated whether certain offshore oil dealings violated RICO. Grynberg v. BP, PLC, No. 12-20291 (June 7, 2013, unpublished). The arbitrator found that the claimant did not establish damage and dismissed that claim, noting that he lacked authority to determine whether any criminal violation of RICO occurred. The Fifth Circuit affirmed the dismissal of a subsequent RICO lawsuit on the grounds of res judicata, finding that the arbitrator’s ruling was on the merits and not jurisdictional.
July 1, 2013
The parties arbitrated whether certain offshore oil dealings violated RICO. Grynberg v. BP, PLC, No. 12-20291 (June 7, 2013, unpublished). The arbitrator found that the claimant did not establish damage and dismissed that claim, noting that he lacked authority to determine whether any criminal violation of RICO occurred. The Fifth Circuit affirmed the dismissal of a subsequent RICO lawsuit on the grounds of res judicata, finding that the arbitrator’s ruling was on the merits and not jurisdictional.
ARBITRATION ROUND UP
July 1, 2013
Manifest Disregard HET-JV v. Weston Solutions, Inc., No. 13-100 (USDC E.D. Pa. June 4, 2013) (vacatur denied for ICDR...
July 1, 2013
Manifest Disregard HET-JV v. Weston Solutions, Inc., No. 13-100 (USDC E.D. Pa. June 4, 2013) (vacatur denied for ICDR...
SCOTUS 2012 Term Stat Pack
June 30, 2013
Our final Stat Pack for October Term 2012 is now available, and you can download it in its entirety here. This edition features many of the same figures that we have provided for years now, like the Circuit Scorecard, Frequency in the Majority, and Justice Agreement Rates, as well as many new additions, like an expanded section on merits opinions in historical context, more information on 5-4 cases, and detailed Justice Agreement breakdowns. At the end of this post, we have included a few key takeaways...
June 30, 2013
Our final Stat Pack for October Term 2012 is now available, and you can download it in its entirety here. This edition features many of the same figures that we have provided for years now, like the Circuit Scorecard, Frequency in the Majority, and Justice Agreement Rates, as well as many new additions, like an expanded section on merits opinions in historical context, more information on 5-4 cases, and detailed Justice Agreement breakdowns. At the end of this post, we have included a few key takeaways...
The Case Against Misdirected Regulation of ADR
June 28, 2013
Regulations, no matter how well meaning, inevitably limit and constrain. In sharp contrast, the primary benefits of private dispute resolution include flexibility, creative evolutionary change and customization.This article will serve as a cautionary tale against the unintended negative consequences of misdirected regulation in the ADR field. While ADR may have moved into “mainstream” legal practice, it continues to develop and change in the United States and abroad. We will explore how the ADR profession...
June 28, 2013
Regulations, no matter how well meaning, inevitably limit and constrain. In sharp contrast, the primary benefits of private dispute resolution include flexibility, creative evolutionary change and customization.This article will serve as a cautionary tale against the unintended negative consequences of misdirected regulation in the ADR field. While ADR may have moved into “mainstream” legal practice, it continues to develop and change in the United States and abroad. We will explore how the ADR profession...
12 Ways to Achieve Efficiency and Speed in Arbitration
June 28, 2013
Some lament that arbitration has become too much like litigation—protracted and expensive. This article suggests a dozen ways that corporate counsel can keep domestic arbitration from evolving into its evil twin. 1. A LITTLE PLANNING GOES A LONG WAY All too often an arbitration clause, removed from the critical path of negotiations, merely states that disputes will be arbitrated pursuant to institutional rules vesting the arbitrator with unbridled discretion regarding extent of discovery and schedule....
June 28, 2013
Some lament that arbitration has become too much like litigation—protracted and expensive. This article suggests a dozen ways that corporate counsel can keep domestic arbitration from evolving into its evil twin. 1. A LITTLE PLANNING GOES A LONG WAY All too often an arbitration clause, removed from the critical path of negotiations, merely states that disputes will be arbitrated pursuant to institutional rules vesting the arbitrator with unbridled discretion regarding extent of discovery and schedule....
New Administered Rules for CPR Arbitration
June 27, 2013
New Administered Rules for CPR Arbitration I remain a proud panelist of CPR ("International Insitute for Conflict Prevention...
June 27, 2013
New Administered Rules for CPR Arbitration I remain a proud panelist of CPR ("International Insitute for Conflict Prevention...
Outsourcing Justice: The Rise of Modern Arbitration Laws in America
June 26, 2013
Arbitration is a method of dispute resolution in which parties agree to submit their dispute to a private, neutral third person, instead of a traditional court with a judge and jury. This private system of arbitration, which is often confidential and secretive, can be a polar opposite, in almost every way, to the public court system. Over the past few decades, arbitration agreements have proliferated throughout American society. Such agreements appear in virtually all types of consumer transactions,...
June 26, 2013
Arbitration is a method of dispute resolution in which parties agree to submit their dispute to a private, neutral third person, instead of a traditional court with a judge and jury. This private system of arbitration, which is often confidential and secretive, can be a polar opposite, in almost every way, to the public court system. Over the past few decades, arbitration agreements have proliferated throughout American society. Such agreements appear in virtually all types of consumer transactions,...
Equal Contest of Arms, Jurisdictional Proof in Investor-State Arbitrations
June 25, 2013
Frederic G. Sourgens, Associate Professor of Law at Washburn University School of Law has publishedEqual Contest of Arms, Jurisdictional Proof in Investor-State Arbitrations, North Carolina Journal of International Law and Commercial Regulation, Vol. 38, No. 4, 2013. In his article, Professor Sourgens discusses the procedure for establishing jurisdictional proof in investor-state arbitral proceedings. Here is the abstract: This article develops the process of jurisdictional proof in investor-state...
June 25, 2013
Frederic G. Sourgens, Associate Professor of Law at Washburn University School of Law has publishedEqual Contest of Arms, Jurisdictional Proof in Investor-State Arbitrations, North Carolina Journal of International Law and Commercial Regulation, Vol. 38, No. 4, 2013. In his article, Professor Sourgens discusses the procedure for establishing jurisdictional proof in investor-state arbitral proceedings. Here is the abstract: This article develops the process of jurisdictional proof in investor-state...
Fifth Circuit Considers Arbitrator’s Authority to Issue Discovery-Related Sanctions
June 25, 2013
The United States Fifth Circuit Court of Appeals has held that a district court improperly reduced an arbitrator’s award. In Hamstein Cumberland Music Group v. Estate of Williams, No. 05-51666 (5th Cir. May 10, 2013), a royalty dispute between a company that publishes songwriters and recording artists, Hamstein Cumberland Music Group (Hamstein), and the estate of a deceased songwriter and performer, Jerry Lynn Williams (Williams),was submitted to arbitration. Throughout arbitral proceedings,...
June 25, 2013
The United States Fifth Circuit Court of Appeals has held that a district court improperly reduced an arbitrator’s award. In Hamstein Cumberland Music Group v. Estate of Williams, No. 05-51666 (5th Cir. May 10, 2013), a royalty dispute between a company that publishes songwriters and recording artists, Hamstein Cumberland Music Group (Hamstein), and the estate of a deceased songwriter and performer, Jerry Lynn Williams (Williams),was submitted to arbitration. Throughout arbitral proceedings,...
