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Arbitration
Declaration of Independence: A Transcription
July 4, 2019
In Congress, July 4, 1776. The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We...
July 4, 2019
In Congress, July 4, 1776. The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We...
Uber’s Arbitration Addiction Could Be Death by 60,000 Cuts
June 24, 2019
While the choice might have initially deterred lawsuits, 60,000 arbitrations is “a death by a thousand cuts,” Cremins said. “The volume is impossible to deal with from an administrative and legal perspective.” Arbitration is especially popular among so-called gig economy companies, which rely on classifying workers as independent contractors. For the drivers, that confers more flexibility, but also lacks the benefits that come with a traditional job. The result is a flood of claims that...
June 24, 2019
While the choice might have initially deterred lawsuits, 60,000 arbitrations is “a death by a thousand cuts,” Cremins said. “The volume is impossible to deal with from an administrative and legal perspective.” Arbitration is especially popular among so-called gig economy companies, which rely on classifying workers as independent contractors. For the drivers, that confers more flexibility, but also lacks the benefits that come with a traditional job. The result is a flood of claims that...
Investment Arbitration and Political Systems Theory
June 20, 2019
This chapter suggests that political systems theory allows us to make better sense of the fragmented understanding we have today of investment law in general and of investment arbitration in particular. Relying on a theory by David Easton, the chapter presents investment arbitration as a political system: one that transforms the input of key actors into output, with feedback loops from the latter to the former. This perspective, the chapter contends, helps us get a better sense of some of the system’s...
June 20, 2019
This chapter suggests that political systems theory allows us to make better sense of the fragmented understanding we have today of investment law in general and of investment arbitration in particular. Relying on a theory by David Easton, the chapter presents investment arbitration as a political system: one that transforms the input of key actors into output, with feedback loops from the latter to the former. This perspective, the chapter contends, helps us get a better sense of some of the system’s...
Opinion Analysis: The Meaning of Consent to Class Arbitration
June 13, 2019
Of the three arbitration cases on the Supreme Court’s docket this term, twowere decided unanimously in decisions issued...
June 13, 2019
Of the three arbitration cases on the Supreme Court’s docket this term, twowere decided unanimously in decisions issued...
What Happens if an Award is not Sufficiently “Reasoned”?
June 4, 2019
One of arbitration’s supposed virtues is that it’s fast and simple – streamlined, as many courts are fond of saying. As a consequence, arbitral awards generally do not need to be supported by any reasoning or rationale. Unless the parties have requested a specific form of award, an arbitrator may issue an award that does nothing more than announce a result – declare the winner and the loser. See Cat Chater LLC v. Schurtenberger,646 F.3d 836, 844 (11thCir. 2011). Sometimes...
June 4, 2019
One of arbitration’s supposed virtues is that it’s fast and simple – streamlined, as many courts are fond of saying. As a consequence, arbitral awards generally do not need to be supported by any reasoning or rationale. Unless the parties have requested a specific form of award, an arbitrator may issue an award that does nothing more than announce a result – declare the winner and the loser. See Cat Chater LLC v. Schurtenberger,646 F.3d 836, 844 (11thCir. 2011). Sometimes...
If an Arbitration Panel Rules on an Issue the Parties did not Agree to Submit to that Panel, Should a Court Vacate the Award?
June 3, 2019
The “first principle” of labor and commercial arbitration law is that “arbitration is a matter of consent, not coercion” —put differently, arbitration “is a way to resolve those disputes—but only those disputes—that the parties have agreed to submit to arbitration.”Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662, 678-80 (2010) (citation and quotations omitted);First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 943 (1995) (citations omitted); Granite Rock...
June 3, 2019
The “first principle” of labor and commercial arbitration law is that “arbitration is a matter of consent, not coercion” —put differently, arbitration “is a way to resolve those disputes—but only those disputes—that the parties have agreed to submit to arbitration.”Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662, 678-80 (2010) (citation and quotations omitted);First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 943 (1995) (citations omitted); Granite Rock...
Private Ordering and Commercial Arbitration: Lasting Lessons from Mentschikoff
May 31, 2019
University of Kansas School of Law Professor Stephen J. Ware has published “Private Ordering and Commercial Arbitration:...
May 31, 2019
University of Kansas School of Law Professor Stephen J. Ware has published “Private Ordering and Commercial Arbitration:...
San Antonio COA Holds Arbitrator Must Decide Whether Contract is Void as a Matter of Law
May 21, 2019
Texas’s Fourth Court of Appeals in San Antonio has reversed a trial court’s order denying a financing company’s motion to compel arbitration. In Spruce Lending, Inc. v. Garcia, No. 04-18-00797-CV (Tex. App – San Antonio, April 3, 2019), a Texas man, Garcia, entered into a financing contract with Spruce Lending in order to have solar panels installed on his home by Rodeo Solar, LLC. The financing contract contained a broad arbitration provision that required...
May 21, 2019
Texas’s Fourth Court of Appeals in San Antonio has reversed a trial court’s order denying a financing company’s motion to compel arbitration. In Spruce Lending, Inc. v. Garcia, No. 04-18-00797-CV (Tex. App – San Antonio, April 3, 2019), a Texas man, Garcia, entered into a financing contract with Spruce Lending in order to have solar panels installed on his home by Rodeo Solar, LLC. The financing contract contained a broad arbitration provision that required...
Fifth Circuit Holds Houston Law Firm May Intervene in Client’s Arbitration Case
May 15, 2019
The United States Court of Appeals for the Fifth Circuit has ordered a Texas federal court to allow a law firm to intervene in a case over a contingency fee dispute with a client following arbitration proceedings. In Adam Joseph Resources, et al. v. CNA Metals Limited, No. 17-20685 (5th Cir., March 26, 2019), a Houston law firm, Brown Sims, represented a client, Adam Joseph Resources (“AJR”), on a contingency fee basis against CNAMetals (“CNA”). ...
May 15, 2019
The United States Court of Appeals for the Fifth Circuit has ordered a Texas federal court to allow a law firm to intervene in a case over a contingency fee dispute with a client following arbitration proceedings. In Adam Joseph Resources, et al. v. CNA Metals Limited, No. 17-20685 (5th Cir., March 26, 2019), a Houston law firm, Brown Sims, represented a client, Adam Joseph Resources (“AJR”), on a contingency fee basis against CNAMetals (“CNA”). ...
Arbitrability of Arbitrability Questions: the Second Circuit Pushes Back (a little)
May 13, 2019
The U.S. Court of Appeals for the Second Circuit, however, does not require the parties to expressly state in their agreement that they agree to submit arbitrability questions to the arbitrators. The Second Circuit has found that the parties may “clearly and unmistakably” submit arbitrability questions to arbitration when they agree to a very broad arbitration clause. See Wells Fargo Advisors, LLC v. Sappington, 884 F.3d 392, 394, 396 (2d Cir. 2018) (An agreement “to arbitrate...
May 13, 2019
The U.S. Court of Appeals for the Second Circuit, however, does not require the parties to expressly state in their agreement that they agree to submit arbitrability questions to the arbitrators. The Second Circuit has found that the parties may “clearly and unmistakably” submit arbitrability questions to arbitration when they agree to a very broad arbitration clause. See Wells Fargo Advisors, LLC v. Sappington, 884 F.3d 392, 394, 396 (2d Cir. 2018) (An agreement “to arbitrate...
