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President Prohibits Mandatory Arbitration of Discrimination and Sexual Harassment Claims
September 18, 2014
On July 31st, President Obama signed the “Fair Pay and Safe Workplaces” Executive Order. As part of the order, federal contractors are now forbidden from using mandatory pre-employment arbitration clauses for employment disputes related to sexual assault, harassment, or workplace discrimination violations. Here is the relevant provision: Sec. 6. Complaint and Dispute Transparency. (a) Agencies shall ensure that for all contracts where the estimated value of the supplies acquired and services...
September 18, 2014
On July 31st, President Obama signed the “Fair Pay and Safe Workplaces” Executive Order. As part of the order, federal contractors are now forbidden from using mandatory pre-employment arbitration clauses for employment disputes related to sexual assault, harassment, or workplace discrimination violations. Here is the relevant provision: Sec. 6. Complaint and Dispute Transparency. (a) Agencies shall ensure that for all contracts where the estimated value of the supplies acquired and services...
Arbitrability Decisions Before, During and After Arbitration
September 18, 2014
John James Barcelo III, William Nelson Cromwell Professor of International and Comparative Law and Elizabeth and Arthur Reich Director, Leo and Arvilla Berger International Legal Studies Program at Cornell University Law School, has authored Arbitrability Decisions Before, During, and After Arbitration, Liber Amicorum (2015), Forthcoming; Cornell Legal Studies Research Paper No. 14-24. In his publication, Professor Barcello examines the three principal stages of the international arbitration-litigation...
September 18, 2014
John James Barcelo III, William Nelson Cromwell Professor of International and Comparative Law and Elizabeth and Arthur Reich Director, Leo and Arvilla Berger International Legal Studies Program at Cornell University Law School, has authored Arbitrability Decisions Before, During, and After Arbitration, Liber Amicorum (2015), Forthcoming; Cornell Legal Studies Research Paper No. 14-24. In his publication, Professor Barcello examines the three principal stages of the international arbitration-litigation...
Three Lessons About ADR
September 17, 2014
Having recently completed a manual about the ADR process, there are three features of mediation that jump out at me as noteworthy,...
September 17, 2014
Having recently completed a manual about the ADR process, there are three features of mediation that jump out at me as noteworthy,...
Texas Supreme Court Shores up the “Cornerstone of the Arbitral Process”
September 17, 2014
Anyone versed in arbitration-law basics knows that “arbitration is a matter of consent, not coercion.” Stolt-Nielsen,...
September 17, 2014
Anyone versed in arbitration-law basics knows that “arbitration is a matter of consent, not coercion.” Stolt-Nielsen,...
Mediation Communications Admissible
September 17, 2014
The Ninth Circuit, and California courts in particular, have been very strict in maintaining the confidentiality and inadmissibility of statements made during mediation. Two recent cases have allowed such statements to be admitted, on interesting grounds. An Arizona District Court decision allowing mediation statements was affirmed by the Ninth Circuit on grounds of both federal law of evidence and theory of waiver. And a California District Court permitted evidence of mediation statements to be presented...
September 17, 2014
The Ninth Circuit, and California courts in particular, have been very strict in maintaining the confidentiality and inadmissibility of statements made during mediation. Two recent cases have allowed such statements to be admitted, on interesting grounds. An Arizona District Court decision allowing mediation statements was affirmed by the Ninth Circuit on grounds of both federal law of evidence and theory of waiver. And a California District Court permitted evidence of mediation statements to be presented...
NHL Adds Arbitration Clause, Class Action Waiver and One-Year Limitations
September 17, 2014
Little did I know that I was on NHL.com’s email list. I guess having a son wild about all things hockey must have had something to do with it. So you can imagine my surprise on Saturday morning when I woke up to an email from NHL.com informing me of the new arbitration clause it was adding to its “Terms of Service,” effective August 13, 2014 (three days earlier). The arbitration clause contains an agreement to arbitrate before the AAA in New York all disputes arising out of the “Services”...
September 17, 2014
Little did I know that I was on NHL.com’s email list. I guess having a son wild about all things hockey must have had something to do with it. So you can imagine my surprise on Saturday morning when I woke up to an email from NHL.com informing me of the new arbitration clause it was adding to its “Terms of Service,” effective August 13, 2014 (three days earlier). The arbitration clause contains an agreement to arbitrate before the AAA in New York all disputes arising out of the “Services”...
ArbitrationNation’s Third Anniversary Threesome
September 17, 2014
This week marks the third anniversary of this blog devoted to interpretations of the Federal Arbitration Act. (Here’s...
September 17, 2014
This week marks the third anniversary of this blog devoted to interpretations of the Federal Arbitration Act. (Here’s...
Congratulations to Arbitration Nation!
September 16, 2014
Disputing would like to congratulate Liz Kramer at Arbitration Nation on her recent blogging anniversary. For the past three years, Ms. Kramer has provided readers with thoughtful insight into judicial interpretations of the Federal Arbitration Act. According to Arbitration Nation: Arbitration is meant to be an alternate to litigation. Yet arbitration is itself the subject of much litigation over who must arbitrate, what must be arbitrated, whether and how the arbitration should proceed, and the deference...
September 16, 2014
Disputing would like to congratulate Liz Kramer at Arbitration Nation on her recent blogging anniversary. For the past three years, Ms. Kramer has provided readers with thoughtful insight into judicial interpretations of the Federal Arbitration Act. According to Arbitration Nation: Arbitration is meant to be an alternate to litigation. Yet arbitration is itself the subject of much litigation over who must arbitrate, what must be arbitrated, whether and how the arbitration should proceed, and the deference...
Compare the City and Country Juror
September 16, 2014
For litigators, the reasons aren't that important, but the result can be critical. We typically encourage attorneys not to rely too much on demographics. But in this case, the demographics of urban or rural living carry with them some reliable attitudinal differences. Trial lawyers always need to play the ball where it lies, and that means taking particular care to account for the uniqueness of the venue. The data remind us not only that rural and urban areas are different, but also that not all urban...
September 16, 2014
For litigators, the reasons aren't that important, but the result can be critical. We typically encourage attorneys not to rely too much on demographics. But in this case, the demographics of urban or rural living carry with them some reliable attitudinal differences. Trial lawyers always need to play the ball where it lies, and that means taking particular care to account for the uniqueness of the venue. The data remind us not only that rural and urban areas are different, but also that not all urban...
Nitty Gritty Advice for Compelling Arbitration under the FAA
September 16, 2014
I regularly receive questions about compelling arbitration under the Federal Arbitration Act. In particular, people ask : (1) Can I file...
September 16, 2014
I regularly receive questions about compelling arbitration under the Federal Arbitration Act. In particular, people ask : (1) Can I file...
