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.
Online Arbitration Must Be Accessible for Everyone
As arbitral institutions and independent arbitrators rush to find ways to provide their services remotely, it is critical that everyone makes digital accessibility a priority... online is the new normal, so it is important that persons with disabilities are not excluded from our 'new normal' version of life.
Harnessing the “New Normal” to Improve Diversity in International Arbitration
The Covid-19 pandemic has brought many changes into the world of international arbitration, but some of the effects of these changes may be positive in that they can be a catalyst to increase the diversity of practitioners in arbitration.
Arbitration Conversation No. 10: Prof. David Horton, UC Davis School of Law
In this episode Amy interviews Professor David Horton of the UC Davis School of Law about infinite arbitration clauses.
Important International Arbitration Issues Fill Supreme Court Docket
This article discusses a couple of recent US Supreme Court decisions on international arbitration which will clarify important issues and increase the efficiency of the arbitration process by reducing the delays that often arise from disputes about the venue and related to non-signatory parties.
The Artemis Accords: A New Frontier for Space Law and Arbitration?
Learn more about the Artemis Accords, which were announced by NASA in May 2020 as a set of principles on the basis of which the US would enter into agreements with other countries to govern the civil exploration and use of outer space and lunar resources.
Arbitration Conversation No. 9: Charles E. Harris II, Arbitrator and Partner at Mayer Brown in Chicago
In this episode of the Arbitration Conversation Amy interviews Charles E. Harris II, who is a Partner in the Litigation and Dispute Resolution Group and the International Arbitration Group at Mayer Brown in Chicago.
Arbitrating Global Labor Disputes
In late June, four major civil society groups released a model dispute resolution system, focused on model arbitration clauses, for disputes on labor standards in supply-chain operations. Read a summary of the new dispute resolution system here.
Uber’s Arbitration Clause Ruled Unconscionable by the Supreme Court Of Canada
Uber’s service agreement for the drivers of its food delivery services in Canada required them to resolve any dispute with Uber through arbitration in the Netherlands. The Supreme Court of Canada on appeal allowed the driver’s class action to proceed in the Ontario Courts and found the arbitration clause in the Uber drivers’ contracts to be ‘unconscionable’.
The Hitchhiker’s Guide to Virtual Hearings (Part 1)
This article provides guidance for virtually conducting oral hearings for arbitration processes with the COVID-19 crisis having diminished face-to-face meetings and having forced the legal profession to adapt. Five concerns are identified 1) Hearing platform, 2) Document presentation, 3) Confidentiality and security, 4) Witness examination, and 5) Advocacy.
The Hitchhiker’s Guide to Virtual Hearings (Part 2)
This two part article provides guidance for virtually conducting oral hearings for arbitration processes, focusing on five considerations: 1) Hearing platform, 2) Document presentation, 3) Confidentiality and security, 4) Witness examination, 5) Advocacy. Part 1 provided an analysis of the first two, and this article (Part 2) analyzes the final three.
Appellate Court Holds That AAA Rules Do Not Provide That Only Arbitrator Can Decide Arbitrability
The article provides a case summary of the Florida state appellate court ruling that the incorporation of American Arbitration Association (AAA) Rules in an arbitration agreement did not provide clear and unmistakable evidence that only the arbitrator could decide the issue of arbitrability, in lieu of the courts.
Former WeWork Employee Pushes to Resolve Job Discrimination Claims in Court, not Arbitration
A former employee of WeWorks Companies Inc. has petitioned a Federal District Court in New York to allow a review of its earlier decision which compelled her to pursue her job discrimination claims based on race and sex through arbitration, rather than before the Courts.
Remote Hearings in International Arbitration – and What Voltaire Has to Do with It?
The Covid-19 crisis has had a deep impact on international arbitration as the parties, counsel, and arbitrators have been forced to adapt to a new reality of remote hearings due to the travel restrictions and social distancing measures. They are also facing the critical issue of whether to postpone planned physical hearings that cannot be held due to the restrictions or to hold them remotely using modern technologies.
PRC Court Confirms Jurisdiction To Recognize And Enforce A Foreign Arbitral Award Against A BVI Company
This Article discusses the case of Amarante v. Intermarine, where the civil courts in the Peoples’ Republic of China (PRC) were confronted with the issue of whether a foreign arbitral award could be recognized and enforced in the PRC, against a foreign company which was not incorporated there.
Arbitration Conversation No. 8: Prof. Richard Frankel of Drexel University School of Law
In this episode of the Arbitration Conversation Amy interviews Prof. Richard Frankel, Associate Professor of Law and Director of the Federal Litigation and Appeals Clinic at the Drexel University Thomas Klein School of Law.
Cert Granted in a New(ish) Arbitration case —Henry Schein Part II
Henry Schein Part I focused on the wholly groundless doctrine. The wholly groundless doctrine, you might recall, was basically a smell test for arbitrability. It gave courts the right to regulate dubious arbitration agreements even if those agreements included a delegation provision. A unanimous Supreme Court sounded the death knell on the doctrine. Today, SCOTUS took the case up again.
Arbitration Conversation No. 7: Prof. Sarah Cole of the Moritz College of Law at OSU
Check out the latest episode of the Arbitration Conversation, where Amy interviews Prof. Sarah Cole of the Moritz College of Law at Ohio State University.
The Long Shadow of the FAA - Can Agencies Craft Arbitration Rules?
As federal agencies begin to regulate arbitration within their areas of expertise, questions arise regarding the agency's authority to do so in light of the Federal Arbitration Act (FAA). This article presents a framework for analyzing these regulations in light of the FAA.
Taking a Stand for the Law of the Seat: Anti-Suit Injunctions and Arbitrations
This article explores the recent English Court of Appeal decision in Enka Insaat v Chubb. The issue in that case was whether a mere choice of London seat (without any express choice of English law and without any ongoing arbitration) was sufficient for the grant of an anti-suit injunction to restrain foreign proceedings and/or constituted an implied choice of English law.
Arbitration Conversation No. 6: Amy interviews Mohamed Abdel Wahab of the Cairo University Faculty of Law
Check out the latest episode of The Arbitration Conversation where Amy Schmitz interviews Mohamed Abdel Wahab on arbitration in Egypt.
Arbitration Conversation No. 5: Amy interviews Prof. Tom Stipanowich of the Pepperdine Caruso School of Law
Check out the latest episode of The Arbitration Conversation where Amy Schmitz interviews Tom Stipanowich about mixed mode arbitration and his concept of "arbigotiation" which keeps the door open to negotiated or mediated resolutions within an arbitration process.
I Can Still Hear You Without the Hear-ing
M&A arbitrations often do not require a hearing. In fact, when one considers the lack of detail within most M&A purchase and sale agreements an arbitration process without a hearing can seem quite fulsome. Transactional documents are often sufficient, when combined with an arbitrator’s initial joint party call, to advance most matters to the development of a proposed procedural timeline to specify the dispute resolution process without necessitating a live hearing.
Narrowing the information gap in appointment process: A mission of a legal tech start-up (Arbitrator Intelligence)
The Covid-19 pandemic has led to a surge of interest in the form of alternative dispute resolution. In particular, arbitration has gained prominence, owing to its flexibility and pragmatism. Arbitration has been using technology more prominently than traditional litigation, despite complex cases involving the management of voluminous evidentiary records. In the face of a pandemic, arbitration is pivoting towards the digitalization of arbitral proceedings, bringing the aptitude of arbitrators in handling the challenges presented by the new era into focus.
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