Australia Plans to Force Facebook and Google to Pay for News
The Australian Competition and Consumer Commission has released its draft news media bargaining code, which allows commercial news businesses to bargain, individually or collectively, with Google and Facebook, in order to be paid for news the tech giants publish on their services.
New Jersey High Court Enforces Arbitration Agreement With Independent Contractors Under State Law
The New Jersey Supreme Court has held that the New Jersey Arbitration Act allows enforcement of arbitration agreements with independent contractors, even if they are not enforceable under the FAA.
Canada – States’ Submissions Qualify as “Subsequent Practice” in Investor-State Arbitration
In the United Mexican States v. Burr, Madam Justice Bernadette Dietrich accepted that legal submissions by parties to the NAFTA can qualify as “subsequent practice” but that the facts fell short of meeting the standard of a “clear, well-understood, agreed common position”.
Court Denies Patreon Injunction Against Fans of 'Canceled' Comedian
A California court ruled in favor of the fans of Owen Benjamin, a controversial right-wing comedian, after Patreon, a US fan-funding service, sought an injunction against their arbitration suits against it.
Arbitration Conversation #13: Prof. S.I. Strong of the University of Sydney
In this episode of the Arbitration Conversation Amy interviews Prof. S.I. Strong of the University of Sydney about trust arbitration.
Keeping Up with Access to Justice in Arbitration? A Critical Analysis
Arbitration has become one of the the primary methods of dispute resolution for disputes that were traditionally resolved through litigation in courts, and its scope has expanded beyond the resolution of commercial disputes -- but this has given rise to questions about the degree to which arbitration provides adequate access to justice.
Video Links and the Hague Evidence Convention – A Guide for the COVID and Post-COVID Era
International arbitration practitioners can address the issue of obtaining evidence from non-compliant parties through the Hague Convention for Taking Evidence Abroad in Civil or Commercial Matters, in tandem with newly released 2020 Guide to Good Practice on the Use of Video-Link under the Hague Evidence Convention.
Joe Biden declares his opposition to private corporations having access to 'Special' ISDS Tribunals
Joe Biden has declared that he is opposed to giving private corporations the right to challenge U.S. labor, health and environmental policies through 'Special' investor-state dispute resolution (ISDS) tribunals, in future trade deals.
The Potential Rise of Bankruptcy Cases in Arbitration
The authors of The Overlap Between Bankruptcy Court and Arbitration in the United States: Is a Preference for Arbitration the Key to Breaking the Loop? argue that following the coronavirus pandemic, there will be a shift from litigating bankruptcy in courts to resolving it through arbitration.
Just Released! Report of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings
The International Council for Commercial Arbitration (ICCA) released on 28 July 2020 the “Report of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings”, the eighth volume of the ICCA Reports Series.
Canada – Parties can give court role to examine merits of settlement but not to examine merits of identical consent award
Arbitrator concludes that the homologation sought by Plaintiffs could not allow for debate on the merits despite agreement by the parties, noting that it would up to the judge at the merits hearing to decide, if necessary, whether to homologate an arbitral award which does not settle the existing dispute.
First Circuit Holds Intrastate Final Mile Transportation Workers Are Exempt from the FAA
The United States Court of Appeals for the First Circuit has ruled final mile drivers who operate solely intrastate in order to deliver goods that were shipped via interstate commerce are exempt from the Federal Arbitration Act.
Arbitration Conversation No. 12: Arbitrator Katherine Haennicke from AAA
In this episode of the Arbitration Conversation Amy interviews Arbitrator Katherine Haennicke from the American Arbitration Association about pro se parties in arbitration.
Competing for Law of Seats or Technology of Seats? China’s COVID-19 Dispute Resolution Lessons
Travel restrictions and social distancing needs during the COVID-19 pandemic have made virtual hearings and other types of technology assisted Online Dispute Resolution (“ODR”) the “new normal” of international commercial dispute resolution.
New Arbitration Journal Issues Call for Papers
The Thai Arbitration Institute (TAI) Law Journal is a new journal focusing on both the theory and practice of arbitration. The deadline for receiving manuscripts for the inaugural issues is August 24, 2020, and may be written in English or Thai.
Anatomy of an Explained JAMS Award: To Defend Or Not To Defend
While most explained Awards focus on factual issues, this employment arbitration (discussing a firms duty to cover legal fees of one of its former officers) hinges on issues of law, primarily statutory and contract construction.
Heeding the Call: Committing to Racial Diversity in International Arbitration
This Webinar highlights the racial disparities that undermine the inclusiveness and diversity necessary for international arbitration, and discussing ways to ensure that the renewed calls for racial diversity are heeded in the practice of international arbitration.
Dangerous Liaisons in International Investment Arbitration: The Annulment of the Eiser V Spain ICSID Award
In a recent investor-state arbitration case before the ICSID the Annulment Committee, for the first time in its history, annulled the award of the arbitral tribunal on the ground that the constitution of that tribunal the was improper.
Canada: Interim Procedural Orders “Immune from Review” During Arbitration Even When Titled “Award”
A Canadian arbitrator’s use of one title instead of another – decision vs award vs interim procedural order – is not decisive of the status of the decision.
Petrobras Files Appeal Against Decision Confirming a $622 Million Award for Texas Oil Rig Operator
Petrobras claims on appeal that the award cannot be be enforced on grounds of public policy and must, therefore, be vacated, and that the district court erred in denying the defendants’ discovery motions.
Canada: Refusal to Adjourn Hearing Respects Due Process if Recognition/Enforcement Conditions Present
Despite disagreement whether a party had counsel of record and that party's choice not to be 'present', the Court held that the party seeking adjournment suffered no prejudice because all the conditions in section 49 of the Arbitration Act were 'present' and 'there was no reason to think the outcome would have been different had an adjournment been granted'.
Arbitration Conversation No. 11: Theo Cheng on intellectual property arbitration
In this episode of the Arbitration Conversation, Amy interviews independent arbitrator Theo Cheng on intellectual property arbitration.
The Arbitration Conversation: Amy Schmitz Interviews the Leading Minds in Arbitration
The Arbitration Conversation is a periodic web series where Prof. Amy Schmitz interviews leading thinkers in arbitration around the world. Tune in for new episodes each week.
NJ Supremes Hold that Arbitration is Applicable to Workers Exempt Under FAA
NJ Arbitration law is applicable to workers exempt under the Federal Arbitration Act holds the NJ Supreme Court in truckers' wage related litigation.
Lest We Forget the UDRP
As the Covid-19 crisis pushes the world of arbitration into online formats and virtual hearings, this article discusses the existence of one form of online dispute resolution that has been in existence for over two decades, i.e. the Uniform Dispute Resolution Procedures (UDRP) for the resolution of 'internet domain name' or 'cybersquatting' disputes.
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