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Arbitration
Brexit and Beyond: Will London Still Wear its Arbitration Crown?
July 5, 2018
London has long been held in high regard as a seat for international arbitration. In both our 2010 and 2015 International Arbitration surveys, for example, London was the seat most favoured by respondents. Our 2018 survey now reveals that not only has London cemented its position as the top seat worldwide, but its popularity amongst users of international arbitration has increased even further in recent years: 47% of respondents cited London as a preferred seat in our 2015 survey, rising to 64% in our 2018...
July 5, 2018
London has long been held in high regard as a seat for international arbitration. In both our 2010 and 2015 International Arbitration surveys, for example, London was the seat most favoured by respondents. Our 2018 survey now reveals that not only has London cemented its position as the top seat worldwide, but its popularity amongst users of international arbitration has increased even further in recent years: 47% of respondents cited London as a preferred seat in our 2015 survey, rising to 64% in our 2018...
Do Arbitration Users Really Value Finality?
July 3, 2018
Two recent pieces of recent research raise the question of whether arbitration users really value finality in arbitration or take it for granted. Is it time (again) to discuss whether s69 Arbitration Act 1996 is meeting users’ needs? Do users want a route of appeal? The recent Queen Mary/White & Case 2018 International Arbitration Survey: The Evolution of International Arbitration showed that only 16% of respondents viewed finality as one of the three most important characteristics...
July 3, 2018
Two recent pieces of recent research raise the question of whether arbitration users really value finality in arbitration or take it for granted. Is it time (again) to discuss whether s69 Arbitration Act 1996 is meeting users’ needs? Do users want a route of appeal? The recent Queen Mary/White & Case 2018 International Arbitration Survey: The Evolution of International Arbitration showed that only 16% of respondents viewed finality as one of the three most important characteristics...
SCOTUS Throws a Haymaker at “Class Arbitration”
July 2, 2018
The majority of a divided (5-4) SCOTUS recently held that a waiver of “class arbitration” in agreed terms of employment...
July 2, 2018
The majority of a divided (5-4) SCOTUS recently held that a waiver of “class arbitration” in agreed terms of employment...
Data-Driven Decision-Making: From Fine Wine to Fine Arbitrators
July 2, 2018
Arbitrator Intelligence Reports AI Reports are still in the development phase, and the nature and scope of AI Reports will inevitably evolve over time, particularly as AI’s base of data expands. Nevertheless, it is already easy to see from some preliminary mock-ups how AI Reports will help promote more data-driven decisions about arbitrator appointments. By way of preview, consider the following chart regarding a (hypothetical) arbitrator’s approach to document production: Figure A (based...
July 2, 2018
Arbitrator Intelligence Reports AI Reports are still in the development phase, and the nature and scope of AI Reports will inevitably evolve over time, particularly as AI’s base of data expands. Nevertheless, it is already easy to see from some preliminary mock-ups how AI Reports will help promote more data-driven decisions about arbitrator appointments. By way of preview, consider the following chart regarding a (hypothetical) arbitrator’s approach to document production: Figure A (based...
Transparency, Legitimacy, and Investor-State Dispute Settlement: What Can We Learn from the Streaming of Hearings?
June 29, 2018
Scholars, NGOs, and practitioners have been discussing the legitimacy of investor-state dispute settlement (“ISDS”) for years. Much of this debate has focused on the critique that ISDS, usually taking the form of confidential and binding arbitral proceedings, sees private and unelected tribunals determining matters thought to be of public importance. Some activist and media publications (such as in this local newspaper or in this news website) also allege a host of profound ills arising from...
June 29, 2018
Scholars, NGOs, and practitioners have been discussing the legitimacy of investor-state dispute settlement (“ISDS”) for years. Much of this debate has focused on the critique that ISDS, usually taking the form of confidential and binding arbitral proceedings, sees private and unelected tribunals determining matters thought to be of public importance. Some activist and media publications (such as in this local newspaper or in this news website) also allege a host of profound ills arising from...
SCOTUS Takes Third Arbitration Case For Next Term
June 29, 2018
I am a true arbitration nerd. But, when SCOTUS takes a THIRD arbitration case for its upcoming term, I wonder if the Justices are more obsessed with arbitration than I am. (Reminder of the other two here.) If they hear about the same total number of cases as this year (69), arbitration will make up more than 4% of their docket. Now, 4% isn’t huge. For reference, intellectual property cases made up less than 4% of cases filed in federal district courts last year, and there were three...
June 29, 2018
I am a true arbitration nerd. But, when SCOTUS takes a THIRD arbitration case for its upcoming term, I wonder if the Justices are more obsessed with arbitration than I am. (Reminder of the other two here.) If they hear about the same total number of cases as this year (69), arbitration will make up more than 4% of their docket. Now, 4% isn’t huge. For reference, intellectual property cases made up less than 4% of cases filed in federal district courts last year, and there were three...
The Seat of Arbitration is Important. It’s That Simple.
June 28, 2018
The seat of arbitration is a vital aspect of any arbitration proceeding. The situs is not just about where an institution is based, where hearings will be held or where there may be a good pool of arbitrators. It is also about which courts have supervisory power over your arbitration and the scope of those powers. A recent decision of the Commercial Court reminds us that although the governing law of an agreement may provide for one national law, which may follow the nationality of one or both parties,...
June 28, 2018
The seat of arbitration is a vital aspect of any arbitration proceeding. The situs is not just about where an institution is based, where hearings will be held or where there may be a good pool of arbitrators. It is also about which courts have supervisory power over your arbitration and the scope of those powers. A recent decision of the Commercial Court reminds us that although the governing law of an agreement may provide for one national law, which may follow the nationality of one or both parties,...
A Data-Driven Exploration of Arbitration as a Settlement Tool: Does Reality Match Perception?
June 27, 2018
When Did Settlement Occur? For those arbitrations that ended in settlement or withdrawal, the point in the arbitration at which this outcome occurred provides a benchmark duration for parties that are actively involved in or otherwise contemplating arbitration (actually or academically) and its potential costs. For each of the arbitrations that settled or were withdrawn, the DRD dataset includes dates of key points in the arbitration, including the date on which the claim was filed (the “claim...
June 27, 2018
When Did Settlement Occur? For those arbitrations that ended in settlement or withdrawal, the point in the arbitration at which this outcome occurred provides a benchmark duration for parties that are actively involved in or otherwise contemplating arbitration (actually or academically) and its potential costs. For each of the arbitrations that settled or were withdrawn, the DRD dataset includes dates of key points in the arbitration, including the date on which the claim was filed (the “claim...
Delegating Arbitrability To Arbitrator Is Effective In Denying Class Actions
June 26, 2018
I have been making my way through the rest of the May arbitration cases (the photo shows how high my stack got), and one thing that stands out is this: I was right. Delegation clauses remain a hot topic in arbitration law. Three recent cases demonstrate the power of having a delegation clause in an arbitration agreement. The Fifth Circuit enforced a delegation clause in Edwards v. DoorDash, 2018 WL 1954090 (5th Cir. Apr. 25, 2018), a case involving a putative FLSA class action brought...
June 26, 2018
I have been making my way through the rest of the May arbitration cases (the photo shows how high my stack got), and one thing that stands out is this: I was right. Delegation clauses remain a hot topic in arbitration law. Three recent cases demonstrate the power of having a delegation clause in an arbitration agreement. The Fifth Circuit enforced a delegation clause in Edwards v. DoorDash, 2018 WL 1954090 (5th Cir. Apr. 25, 2018), a case involving a putative FLSA class action brought...
Public Litigation, Private Arbitration?
June 25, 2018
David L. Noll, Associate Professor of Law at Rutgers School of Law, has published an interesting article...
June 25, 2018
David L. Noll, Associate Professor of Law at Rutgers School of Law, has published an interesting article...
