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George Friedman

Whatever Happened to Monster Energy on Remand to JAMS?

(1/20/21)George Friedman

A party is challenging JAMS’ neutrality as an administrator because the provider filed an Amicus Brief at the Supreme Court supporting the position taken by its adversary in the same arbitration.

Amy Schmitz

Arbitration Tips-N-Tools (TNT): Round 3

(1/20/21)Amy Schmitz, Theo Cheng, George Friedman, Daniel Urbas, DeAndra Roaché, Stacie Strong

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about obtaining discovery in arbitration, especially in a digital world and faced with the complexities of the Covid-19 pandemic.

Andrea Bjorklund

Arbitration Conversation No. 43: Prof. Andrea Bjorklund of McGill University Faculty of Law

(1/19/21)Andrea Bjorklund, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Prof. Andrea Bjorklund, Full Professor and the L. Yves Fortier Chair in International Arbitration and International Commercial Law at McGill University Faculty of Law.

Nick Oury

The New DIFC-LCIA Arbitration Rules 2021 – Key Features

(1/18/21)Nick Oury, Stuart Paterson, Jean Hamilton-Smith

The updated DIFC-LCIA Arbitration Rules 2021 entered into force from 1 January 2021. The amendments introduce changes intended to promote the fair, efficient, and expeditious conduct of arbitrations. In this update, we summarise the key features.

Linda Michler

ADR Professionals as Both Mediators and Arbitrators in the Same Matter

(1/15/21)Linda Michler

This article describes the virtues and pitfalls of a neutral party serving as both the mediator and as the arbitrator in the same matter, where the disputing parties have adopted a two-step Med-Arb or an Arb-Med process.

Amy Schmitz

Arbitration in the Age of Covid: Examining Arbitration's Move Online

(1/14/21)Amy Schmitz

This article discusses how recent jurisprudence and institutional promulgations may impact Online Arbitration ('OArb'), and offers considerations for courts, policymakers, and practitioners shepherding OArb development.

Nicholas Peacock

2020 Survey of TMT Sector Investor-State Arbitration

(1/13/21)Nicholas Peacock, Aaron White, Peter Chen

This article aims to consider any new trends in the Technology, media, and telecommunications (“TMT”) area, and to offer some thoughts on the potential implications for investors and states.

Michael Polkinghorne

New 2021 ICC Arbitration Rules

(1/12/21)Michael Polkinghorne, Andrew de Lotbinière McDougall, Morgane Guyonnet

As it continues to enjoy record caseloads during the COVID-19 pandemic, the International Court of Arbitration of the International Chamber of Commerce sets out its vision for the future of dispute resolution with newly updated arbitration rules.

George Friedman

FINRA DRS Postpones In-Person Hearings through Beginning of April

(1/11/21)George Friedman

FINRA’s Office of Dispute Resolution Services (“DRS”) has again administratively postponed all in-person arbitration and mediation hearings.

Amy Schmitz

Arbitration Tips-N-Tools (TNT): Round 2

(1/11/21)Amy Schmitz, Theo Cheng, Daniel Urbas, George Friedman, DeAndra Roaché

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about planning and executing a preliminary arbitration hearing, especially in a digital world and faced with the complexities of the Covid-19 pandemic.

Daniel Urbas

Canada – Mediator Appointed as Arbitrator for Disputes Involving Settlement Negotiated During Later Arbitration

(1/08/21)Daniel Urbas

In the Corporation of the Township of South Stormont v. The Kraft Heinz Company following an unsuccessful mediation phase regarding disputes under a 2011 agreement, the parties engaged in arbitration during which they negotiated a 2017 settlement and agreed to arbitrate disputes before the mediator.

Pamela Bookman

Introducing Arbitral Courts—Part Arbitration, Part Court

(1/08/21)Pamela Bookman

In recent years, governments from the state of Delaware to the Emirate of Dubai have created institutions specially designed to adjudicate transnational commercial disputes, which are hybrids between courts and arbitration, or “arbitral courts.”

Nathan Searle

Halliburton v Chubb: UK Supreme Court Clarifies Position on Arbitrators’ Duties of Impartiality and Disclosure in London-seated Arbitrations

(1/07/21)Nathan Searle, Katie Duval

In Halliburton Company v Chubb Bermuda Insurance Ltd, the UK Supreme Court dismissed Halliburton’s appeal regarding its application to remove an arbitrator for apparent bias on the facts and emphasised the importance of arbitrator impartiality in London-seated arbitrations.

Scott Lauck

Arbitrator Awards Nearly $20 Million in ‘Egregious’ Discrimination Cases

(1/07/21)Scott Lauck

An arbitrator awarded nearly $20 million to two former employees of a St. Louis-area janitorial company in what he said were some of the most egregious employment-discrimination cases he’d ever seen.

Daniel Urbas

Canada – Trial Judge and Appeal Court Rely on Litigants’ Agreement to Repurpose Arbitral Award Findings of Fact

(1/06/21)Daniel Urbas

The Court of Appeal in Sky Clean Energy Ltd. v. Economical Mutual Insurance Company noted that the litigants had agreed that findings of fact made in an arbitration award would bind the trial judge and dismissed the appellant’s claims alleging interpretative error in an insurance contract.

George Friedman

Eleventh Circuit Upholds $3 Million Sanction FINRA Award Against Morgan Stanley

(1/06/21)George Friedman

In an unpublished per curiam Opinion, the Eleventh Circuit, has affirmed unanimously a Southern District of Florida decision confirming a FINRA Award of over $3 million in sanctions against Morgan Stanley.

Frederico Singarajah

A Firmer View on Conflicts of Interest (Part 2)

(1/05/21)Frederico Singarajah

This article discusses the differences between the Brazilian and English disclosure regimes, such as there is no codified duty to disclose in England and secondly, the exclusion of the word 'independence' from the English Arbitration Act, 1996 which appears in Article 14(1) of the Brazilian Arbitration Act 1996.

Victoria Sahani

Arbitration Conversation No. 42: Prof. Victoria Sahani of Arizona State University

(1/05/21)Victoria Sahani, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Prof. Victoria Shannon Sahani, Associate Dean of Faculty Development and Professor of Law at the Sandra Day O’Connor College of Law at Arizona State University.

Amy Schmitz

Arbitration Tips-N-Tools (TNT): Round 1

(1/04/21)Amy Schmitz, Theo Cheng, Daniel Urbas, George Friedman, DeAndra Roaché

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about filing arbitration claims, especially in a digital world and faced with the complexities of the Covid-19 pandemic.

Nikos Lavranos

Vodafone v. India Award: Risky Business of Retroactive Taxation

(1/04/21)Nikos Lavranos

In a recent, still unpublished award, India lost an arbitration dispute initiated by Vodafone because India had imposed a hefty tax bill of several billion dollars retroactively.

George Friedman

Arbitration Conversation No. 41: George Friedman, Editor-in-Chief of Securities Arbitration Alert

(12/30/20)George Friedman, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews George H. Friedman, publisher and Editor-in-Chief of the Securities Arbitration Alert and principal of George H. Friedman Consulting, LLC, providing expert advice on arbitration and mediation in general and the FINRA dispute resolution forum in particular.

Robert Milligan

California Court of Appeal Extends the Reach of Section 16600 to Upset Arbitration Award Because of Alleged Overly Broad Confidentiality Provisions

(12/30/20)Robert Milligan, Sierra Chinn-Liu

In an expansive recent ruling, the California Court of Appeal in Brown v. TGS Management Co., LLC reversed a judgment confirming an arbitration award, examining the arbitrator’s findings, and ultimately invalidating confidentiality provisions in an employment agreement under Business and Professions Code section 16600.

Nicholas Peacock

Recent Developments in India-Related Arbitration

(12/29/20)Nicholas Peacock, Nihal Joseph

This article considers the recent Arbitration related developments in India such as the court decisions covering the limitation period for enforcement of foreign awards, the bilateral investment treaty updates, amendments to the Indian Arbitration and Conciliation Act 1996, etc.

Mark Mangan

'Tis the Season to Mediate or Arbitrate?

(12/29/20)Mark Mangan, Daniel Gaw

As an extraordinary year draws to a close and a brighter one (hopefully) beckons, we consider whether the compromises and sacrifices everyone has had to make to mitigate the effects of COVID-19 will inspire a greater willingness to rely on non-contentious means to resolve international commercial disputes.

Daniel Urbas

Canada – Protracted Costly Litigation Highlights “Perils Of Not Having A Dispute Resolution Mechanism Built Into A Contract"

(12/28/20)Daniel Urbas

In North Pacific Properties Ltd v. Bethel United Churches, Justice Anna Loparco determined that the parties to an existing contract had not entered into a binding agreement to arbitrate disagreements and therefore had lost the opportunity to engage in less costly, less protracted dispute resolution.

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Arbitration News

Bringing a Case to Arbitration Should be Easier Following Recent Ninth Circuit Decision Recently, the U.S. Ninth Circuit Court of Appeals decided that a plaintiff may not avoid arbitration and manufacture appellate jurisdiction simply by vo ...more
Third Circuit Holds That an Arbitration Award Was a Judicial Record and Must Be Unsealed Last month, the United States Court of Appeals for the Third Circuit held that an arbitration award filed with a petition to confirm the award was a ...more
Second Circuit Declines to Vacate Foreign Arbitral Award Under New York Convention Absent Valid Reason In Pagaduan v. Carnival Corp., the Second Circuit Court of Appeals upheld the Eastern District of New York's order declining Pagaduan's motio ...more
New York City Set To End At-Will Employment For Fast Food Workers On December 17, the New York City Council passed two bills that prohibit fast food employers from terminating employees unless they have just cause or bona fide economic reasons for ...more
Arbitration Provision Survives Agent Termination Has the judicial preference for presuming the survivability of arbitration clauses governing workplace disputes reached canonical status? According to the U.S. District Court for the Eastern Dis ...more
Judge McMahon Rules Outside Counsel’s Pre-Suit Download of Online Dating App Does Not Bind Party to Arbitration Agreement On December 15, 2020, U.S. District Judge Colleen McMahon (S.D.N.Y.) denied plaintiff Perry Street Software, Inc.’s moti ...more
Ninth Circuit Hears Oral Arguments On Employment Arbitration Restrictions The legal battles over Assembly Bill 51 (AB 51), which attempts to prohibit mandatory employment arbitration agreements, continue. The Ninth Circuit heard the much anti ...more