Andrea Chandrasekher, Professor of Law at the University of California, Davis, School of Law, and David Horton, Professor of Law and Chancellor’s Fellow at the University of California, Davis, School of Law, have published “Arbitration Nation: Data from Four Providers,” California Law Review, Vol. 107 (forthcoming 2019). In their research paper, the authors examine the results of an empirical study of more than 40,000 arbitration cases that were filed with four major arbitration...
Griggs was ordered to arbitrate his dispute with Stream Energy. Griggs refused to do so. When asked by the district court for a status report, in an echo of Bartleby the Scrivener’s famous “I would prefer not to,” Griggs responded in relevant part:
“Griggs anticipated that this Court would have already dismiss[ed] this case for want of prosecution because this Court left him only an arbitration which he has not pursued. So, Griggs states the following for the Court’s consideration: 1....
The argument this morning in New Prime Inc. v. Oliveira displayed something that probably hasn’t been seen this century: a Supreme Court bench predominantly dubious about the enforceability of an arbitration agreement.
The issue in the case is a technical one, though it has considerable practical importance: whether the Federal Arbitration Act’s requirement that courts enforce arbitration agreements applies to independent contractors working in transportation industries (think truckers,...
If you ever struggle to make decisions, here's a talk for you. Cognitive scientist Tom Griffiths shows how we can apply the logic of computers to untangle tricky human problems, sharing three practical strategies for making better decisions -- on everything from finding a home to choosing which restaurant to go to tonight.
What if a lawyer could know how a judge is likely to rule in a case or how heavy is a judge’s workload? Rick Merrill was a litigator at a large law firm who became frustrated over his inability to get meaningful information about the judges before whom he appeared. So last year, he launched Gavelytics, a California company that uses analytics and artificial intelligence to analyze docket data and provide lawyers with a range of insights about judges’ propensities, workloads and leanings.
In...
The Federal Arbitration Act, and most or all state arbitration statutes, provide for enforcement of arbitration awards through a procedure by which a party may request a court to enter judgment on the award, that is to “confirm” it. Once an award has been reduced to judgment, it can be enforced to the same extent as any other judgment. See, e.g., 9 U.S.C. § 13 (Under Federal Arbitration Act, judgment on award “shall have the same force and effect, in all respects, as, and be subject to all the provisions...
Pat K. Chew, Judge Quint A. Salmon and Anne Salmon Chaired Professor at the University of Pittsburgh School of Law, has published “Contextual Analysis in Arbitration,” SMU Law Review, Vol. 70, p. 837, 2017; U. of Pittsburgh Legal Studies Research Paper No. 2018-28. In her journal article, Professor Chew examines the potential advantages one party may have over the other in two distinct areas of arbitration.
The abstract states:
The arbitration process is embedded in a much...