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Arbitration
CFPB Director Pens Op-Ed Addressing Arbitration Agreements that Ban Class-Actions
August 24, 2017
On Tuesday, Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray published an opinion piece in...
August 24, 2017
On Tuesday, Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray published an opinion piece in...
9th Circuit Approves Class Action In Arbitration
August 24, 2017
Class action arbitration continues to be a hot topic among the federal appellate courts this summer. The 8th Circuit...
August 24, 2017
Class action arbitration continues to be a hot topic among the federal appellate courts this summer. The 8th Circuit...
Park on Soft Law & Transnational Arbitration
August 23, 2017
William W. Park (Boston University - School of Law) has posted Soft Law and Transnational Standards in Arbitration: The Challenge of Res Judicata (Contemporary Issues in International Arbitration 52 (The 2015 Fordham Papers, A. Rovine, ed., 2017)) on SSRN. Here is the abstract: In international proceedings, a transnational “soft law” often finds expression in rules, guidelines and canons of professional associations which serve to supplement the “hard law” of national statutes and court...
August 23, 2017
William W. Park (Boston University - School of Law) has posted Soft Law and Transnational Standards in Arbitration: The Challenge of Res Judicata (Contemporary Issues in International Arbitration 52 (The 2015 Fordham Papers, A. Rovine, ed., 2017)) on SSRN. Here is the abstract: In international proceedings, a transnational “soft law” often finds expression in rules, guidelines and canons of professional associations which serve to supplement the “hard law” of national statutes and court...
Hawaiian Punch: State Supreme Court Stands Up to SCOTUS on Arbitration
August 23, 2017
In January of 2016, SCOTUS granted review of an arbitration case from Hawaii, but summarily vacated and remanded it without analysis. (Unless you consider “Please read DIRECTV” substantive analysis.) Here’s the risk of that course of action: Hawaii can refuse to change its mind. Last month, in Narayan v. The Ritz-Carlton Development Co., 2017 WL 3013022 (Haw. July 14, 2017), Hawaii affirmed its decision after considering DIRECTV. The case related to whether purchasers of new condominiums...
August 23, 2017
In January of 2016, SCOTUS granted review of an arbitration case from Hawaii, but summarily vacated and remanded it without analysis. (Unless you consider “Please read DIRECTV” substantive analysis.) Here’s the risk of that course of action: Hawaii can refuse to change its mind. Last month, in Narayan v. The Ritz-Carlton Development Co., 2017 WL 3013022 (Haw. July 14, 2017), Hawaii affirmed its decision after considering DIRECTV. The case related to whether purchasers of new condominiums...
Six Arbitration Trends In 2017
August 22, 2017
This is my 290th post at ArbitrationNation and today I celebrate six years of blogging. Woo hoo — that’s longer than...
August 22, 2017
This is my 290th post at ArbitrationNation and today I celebrate six years of blogging. Woo hoo — that’s longer than...
SCOTUS to Hear Oral Argument in Murphy Oil on October 2nd
August 21, 2017
On the first day of its new term, the United States Supreme Court will hear oral argument regarding whether class-action waivers included in an employer’s arbitration agreement are lawful under the National Labor Relations Act. In January, the nation’s highest court granted certiorari in NLRB v. Murphy Oil USA, Epic Systems Corp. v. Lewis, and Ernst & Young, et al. v. Morris and consolidated the three cases in order to resolve a circuit split. Previously, the Seventh and Ninth...
August 21, 2017
On the first day of its new term, the United States Supreme Court will hear oral argument regarding whether class-action waivers included in an employer’s arbitration agreement are lawful under the National Labor Relations Act. In January, the nation’s highest court granted certiorari in NLRB v. Murphy Oil USA, Epic Systems Corp. v. Lewis, and Ernst & Young, et al. v. Morris and consolidated the three cases in order to resolve a circuit split. Previously, the Seventh and Ninth...
Dealing with Discrepancy in Enforcement Requirements between the New York Convention and the Domestic Arbitration Act
August 17, 2017
As arbitration gains prominence, legislative regimes governing domestic arbitration are fast liberalizing globally, and in some instances, like in South Korea, liberalizing faster than the regime governing international arbitration. The question we consider in this post is whether Contracting Parties to the New York Convention on the Enforcement of Foreign Arbitral Awards (“New York Convention”) must mandate the enforcement of foreign awards under the New York Convention alone? With the convergence...
August 17, 2017
As arbitration gains prominence, legislative regimes governing domestic arbitration are fast liberalizing globally, and in some instances, like in South Korea, liberalizing faster than the regime governing international arbitration. The question we consider in this post is whether Contracting Parties to the New York Convention on the Enforcement of Foreign Arbitral Awards (“New York Convention”) must mandate the enforcement of foreign awards under the New York Convention alone? With the convergence...
Class Arbitration: Contractual “Crickets” Are Sufficient for Ninth Circuit to Determine That Class Arbitration Is Permitted
August 17, 2017
When is “silence” in an arbitration clause concerning class arbitration not “Stolt-Nielsen silence”? And what is the difference between a “claim” and a “procedure”? The Ninth Circuit seemingly took hair-splitting to a new level in conceiving the former question, and apparently suffered some uncertainty regarding the latter, when it issued its memorandum decision in Varela v. Lamps Plus, Inc., No. 16-56085 (Aug. 3, 2017). In Lamps Plus, the Court of Appeals affirmed a District...
August 17, 2017
When is “silence” in an arbitration clause concerning class arbitration not “Stolt-Nielsen silence”? And what is the difference between a “claim” and a “procedure”? The Ninth Circuit seemingly took hair-splitting to a new level in conceiving the former question, and apparently suffered some uncertainty regarding the latter, when it issued its memorandum decision in Varela v. Lamps Plus, Inc., No. 16-56085 (Aug. 3, 2017). In Lamps Plus, the Court of Appeals affirmed a District...
Delegating Procedure
August 14, 2017
Matthew A. Shapiro, Associate in Law at Columbia Law School, has published “Delegating Procedure,” Columbia Law Review, Forthcoming. In his journal article, Mr. Shapiro examines the relationship between arbitration and civil procedure. Here is the abstract: The rise of arbitration has been one of the most controversial developments in civil justice. Many scholars have criticized arbitration for, among other things, “privatizing” or “delegating” the state’s dispute-resolution...
August 14, 2017
Matthew A. Shapiro, Associate in Law at Columbia Law School, has published “Delegating Procedure,” Columbia Law Review, Forthcoming. In his journal article, Mr. Shapiro examines the relationship between arbitration and civil procedure. Here is the abstract: The rise of arbitration has been one of the most controversial developments in civil justice. Many scholars have criticized arbitration for, among other things, “privatizing” or “delegating” the state’s dispute-resolution...
