Blog Archives
Efficient Arbitration – Part 3: Winning an Efficient Arbitration
August 9, 2018
Following up on Efficient Arbitration – Part 2: Launching an Efficient Arbitration, where we addressed efficiency tools available at the early stages, we now provide an overview of options to save time and costs up until the award. As we continue our efficiency series, we will zone in on a selection of efficiency tools and discuss our experience using them. 5. Focusing the Evidence Gathering and presenting the right evidence is key. This often requires close cooperation between counsel...
August 9, 2018
Following up on Efficient Arbitration – Part 2: Launching an Efficient Arbitration, where we addressed efficiency tools available at the early stages, we now provide an overview of options to save time and costs up until the award. As we continue our efficiency series, we will zone in on a selection of efficiency tools and discuss our experience using them. 5. Focusing the Evidence Gathering and presenting the right evidence is key. This often requires close cooperation between counsel...
The Potential Pitfalls of Contesting Arbitrability in the Arbitration
August 9, 2018
When an agreement to arbitrate contains a clear and unmistakable “delegation” provision, gateway questions of arbitrability are for the arbitrator to decide. See, e.g., Kubala v. Supreme Prod. Servs., 830 F.3d 199, 201-02 (5th Cir. 2016), citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 942 (1995); Rent-A-Ctr., W., Inc. v. Jackson, 561 U.S. 63 (2010). But a determination of the delegation issue is not always obvious, and it is sometimes presented to an arbitrator, rather than to a court,...
August 9, 2018
When an agreement to arbitrate contains a clear and unmistakable “delegation” provision, gateway questions of arbitrability are for the arbitrator to decide. See, e.g., Kubala v. Supreme Prod. Servs., 830 F.3d 199, 201-02 (5th Cir. 2016), citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 942 (1995); Rent-A-Ctr., W., Inc. v. Jackson, 561 U.S. 63 (2010). But a determination of the delegation issue is not always obvious, and it is sometimes presented to an arbitrator, rather than to a court,...
The Long‐Term Effectiveness of Mediating Workplace Conflicts
August 8, 2018
In this study, we explore the long‐term effectiveness of the mediation of hierarchical workplace conflicts by comparing and analyzing participants’ perceptions of short‐term and long‐term mediation effectiveness. Specifically, we surveyed supervisors and subordinates to determine the extent to which they perceive mediation to be effective one year after the conclusion of the process. In this study, we distinguish between mediations that result in a continuing employment relationship versus...
August 8, 2018
In this study, we explore the long‐term effectiveness of the mediation of hierarchical workplace conflicts by comparing and analyzing participants’ perceptions of short‐term and long‐term mediation effectiveness. Specifically, we surveyed supervisors and subordinates to determine the extent to which they perceive mediation to be effective one year after the conclusion of the process. In this study, we distinguish between mediations that result in a continuing employment relationship versus...
Sign the Arbitration Agreement
August 8, 2018
Lots of appellate arbitration cases concern signatories, non-signatories, and other related issues. Ref-Chern, L.P.'s arbitration agreement with its employee Kimberly Huckaba made it clear, at least to the Fifth Circuit, that the parties intended that both employer and employee sign their arbitration agreement as a condition precedent to its validity. Because the employer did not sign its arbitration agreement with Huckaba, the District Court for the Western District of Texas erred in compelling...
August 8, 2018
Lots of appellate arbitration cases concern signatories, non-signatories, and other related issues. Ref-Chern, L.P.'s arbitration agreement with its employee Kimberly Huckaba made it clear, at least to the Fifth Circuit, that the parties intended that both employer and employee sign their arbitration agreement as a condition precedent to its validity. Because the employer did not sign its arbitration agreement with Huckaba, the District Court for the Western District of Texas erred in compelling...
Reputation Arbitration: Building a Decentralized Reputation System for Arbitrators?
August 7, 2018
Under arbitration, the parties submit their disputes to an arbitral tribunal (or sole arbitrator) who rules on pre-hearing disputes, conducts the arbitration, and issues a binding award on the parties. However, the desirability of arbitration as a dispute-resolution mechanism rests largely on the perception of the reputation of the arbitrators. On the one hand, the arbitrator has a reputational concern, in the sense that he/she wishes to appear competent, independent, and impartial to the parties....
August 7, 2018
Under arbitration, the parties submit their disputes to an arbitral tribunal (or sole arbitrator) who rules on pre-hearing disputes, conducts the arbitration, and issues a binding award on the parties. However, the desirability of arbitration as a dispute-resolution mechanism rests largely on the perception of the reputation of the arbitrators. On the one hand, the arbitrator has a reputational concern, in the sense that he/she wishes to appear competent, independent, and impartial to the parties....
U.S. Supreme Court Holds That Individualized Employer-Employee Arbitration Agreements Must Be Enforced As Written
August 7, 2018
On May 21st, 2018, the Supreme Court of the United States in Epic Systems Corp. v. Lewis(“Epic Systems”) held in a 5-4 majority that one-on-one mandatory arbitration agreements imposed by employers upon their employees must be enforced as written in accordance with the Federal Arbitration Act (“FAA”). The majority opinion, written by Justice Neil Gorsuch, reasoned that the FAA superseded the federal right of employees to bring claims in class or collective actions contained in the National...
August 7, 2018
On May 21st, 2018, the Supreme Court of the United States in Epic Systems Corp. v. Lewis(“Epic Systems”) held in a 5-4 majority that one-on-one mandatory arbitration agreements imposed by employers upon their employees must be enforced as written in accordance with the Federal Arbitration Act (“FAA”). The majority opinion, written by Justice Neil Gorsuch, reasoned that the FAA superseded the federal right of employees to bring claims in class or collective actions contained in the National...
Court Vacates Arbitration Award Because it Rewrote the Parties’ Collective Bargaining Agreement
August 6, 2018
New York’s arbitration law (Article 75 of the CPLR), like the Federal Arbitration Act (the “FAA”), strictly limits award challenges premised on an arbitrator’s disregard of the parties’ contract. Arbitrator interpretations of the parties’ agreement cannot be second-guessed, even if the arbitrator has “disregarded” “the apparent, or even the plain, meaning of the words of the contract….”Maross Constr. v Central N. Y. Regional Transp. Auth., 66 N.Y 2d 341, 346 (1985) (quotations...
August 6, 2018
New York’s arbitration law (Article 75 of the CPLR), like the Federal Arbitration Act (the “FAA”), strictly limits award challenges premised on an arbitrator’s disregard of the parties’ contract. Arbitrator interpretations of the parties’ agreement cannot be second-guessed, even if the arbitrator has “disregarded” “the apparent, or even the plain, meaning of the words of the contract….”Maross Constr. v Central N. Y. Regional Transp. Auth., 66 N.Y 2d 341, 346 (1985) (quotations...
California Court Most Popular Destination for Trade Secret Cases: Lex Machina
August 6, 2018
The US District Court for the Central District of California was the court of choice for trade secret litigation filings between 2009 and the second quarter of 2018, according to a new report. Legal analytics company Lex Machina released its “Trade Secret Litigation Report 2018” yesterday, July 18. According to the report, 533 of 8,754 trade secret cases were filed at the Californian court between 2009 to 2018, representing 6% of all claims.
August 6, 2018
The US District Court for the Central District of California was the court of choice for trade secret litigation filings between 2009 and the second quarter of 2018, according to a new report. Legal analytics company Lex Machina released its “Trade Secret Litigation Report 2018” yesterday, July 18. According to the report, 533 of 8,754 trade secret cases were filed at the Californian court between 2009 to 2018, representing 6% of all claims.
Burford Capital Managing Director Craig Arnott Touts Portfolio Funding, Predicts Industry Attrition Within 5 Years
August 5, 2018
Burford Capital Managing Director Craig Arnott, who has over 20 years of experience in commercial litigation and advisory work, claims portfolio funding will continue to surge in popularity due to the inherent risk of single case financing. Arnott also questioned the ability of funders to stay afloat over the coming years, and predicted fund closures as a result of the high levels of risk associated with funding cases.
August 5, 2018
Burford Capital Managing Director Craig Arnott, who has over 20 years of experience in commercial litigation and advisory work, claims portfolio funding will continue to surge in popularity due to the inherent risk of single case financing. Arnott also questioned the ability of funders to stay afloat over the coming years, and predicted fund closures as a result of the high levels of risk associated with funding cases.
Travelers Lists Top 5 Wedding Insurance Claims
August 5, 2018
Almost one quarter (23 percent) of Travelers Companies wedding insurance claims in 2017 were due to severe weather that forced the event to be canceled or postponed. This was the highest percentage of weather-related claims the insurer has seen since it began selling wedding insurance in 2007. The average wedding costs in excess of $20,000, according to The Wedding Report. For couples planning to get married on the East and Gulf Coasts, the Atlantic hurricane season may bring additional...
August 5, 2018
Almost one quarter (23 percent) of Travelers Companies wedding insurance claims in 2017 were due to severe weather that forced the event to be canceled or postponed. This was the highest percentage of weather-related claims the insurer has seen since it began selling wedding insurance in 2007. The average wedding costs in excess of $20,000, according to The Wedding Report. For couples planning to get married on the East and Gulf Coasts, the Atlantic hurricane season may bring additional...
