Articles

2023: The Year of OArb author.
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2023: The Year of OArb

A common question asked after our presentations on online dispute resolution (ODR) is: “when can we expect the arrival of...

By Amy Schmitz, Colin Rule
Arbitration Conversation No. 94: Arthur Pearlstein, Director of Arbitration, FMCS author.
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Arbitration Conversation No. 94: Arthur Pearlstein, Director of Arbitration, FMCS

In this episode of the Arbitration Conversation, Amy interviews Arthur Pearlstein, Director of Arbitration and of the Office of Shared...

By Arthur Pearlstein, Amy Schmitz
SCOTUS Again Declines to Review Case Involving FINRA Award author.
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SCOTUS Again Declines to Review Case Involving FINRA Award

This article was first published on the Securities Arbitration Alert blog, here. For the second time in a few months,...

By George Friedman
Arbitration Conversation No. 93: Prof. Guillermo Jose Garcia Sanchez, Texas A&M School of Law author.
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Arbitration Conversation No. 93: Prof. Guillermo Jose Garcia Sanchez, Texas A&M School of Law

In this episode of the Arbitration Conversation Amy interviews Prof. Guillermo Jose Garcia Sanchez from the Texas A&M School of...

By Guillermo Jose Garcia Sanchez, Amy Schmitz
Canada – What is Next for Arbitration and Insolvency? (Part I) author.
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Canada – What is Next for Arbitration and Insolvency? (Part I)

This article was first published in the Arbitration Matters Blog, here. This past year brought two important decisions about the...

By Eric Morgan, James Plotkin
Arbitration Conversation No. 92: Arbitrator Lisa Munro, Partner at Lerners LLP author.
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Arbitration Conversation No. 92: Arbitrator Lisa Munro, Partner at Lerners LLP

In this episode of the Arbitration Conversation, Amy interviews Arbitrator Lisa Munro, a partner at Lerners LLP. Lisa brings to...

By Lisa C. Munro, Amy Schmitz
SCOTUS to Take Up FAA Section 16 Question author.
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SCOTUS to Take Up FAA Section 16 Question

This article was first published on the Securities Arbitration Alert blog, here. Reversing a recent trend, the Supreme Court has...

By George Friedman
Arbitration Conversation No. 91: Chimdimma Onyedebelu, Operations Manager, International Mediation Institute author.
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Arbitration Conversation No. 91: Chimdimma Onyedebelu, Operations Manager, International Mediation Institute

In this episode of the Arbitration Conversation, Amy interviews Chimdimma Onyedebelu, Operations Manager of the International Mediation Institute. Chimdimma is...

By Chimdimma Onyedebelu, Amy Schmitz
Judge’s Interpretation of an Ambiguous Arbitration Agreement Survives, Despite Post-Decision Recusal for Conflict of Interest author.
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Judge’s Interpretation of an Ambiguous Arbitration Agreement Survives, Despite Post-Decision Recusal for Conflict of Interest

This article was first published on the Securities Arbitration Alert blog, here. A U.S. District Court judge, after issuing an...

By Harry Jacobowitz
Canada – Narrow Basis For Excess Jurisdiction Set Aside Challenges Reaffirmed author.
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Canada – Narrow Basis For Excess Jurisdiction Set Aside Challenges Reaffirmed

This article was first published in the Arbitration Matters Blog, here. In Mensula Bancorp Inc. v. Halton Condominium Corporation No. 137, 2022...

By Jonathan Eades
Arbitration Conversation No. 90: Arbitrator Richard D. Faulkner author.
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Arbitration Conversation No. 90: Arbitrator Richard D. Faulkner

In this episode of the Arbitration Conversation Amy interviews Arbitrator Richard D. Faulkner, Fellow of the Chartered Institute of Arbitrators...

By Richard D. Faulkner, Amy Schmitz
Alleging Arbitrator Bias, Oppenheimer Moves to Vacate FINRA Panel’s $36+ Million Award author.
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Alleging Arbitrator Bias, Oppenheimer Moves to Vacate FINRA Panel’s $36+ Million Award

This article was first published on the Securities Arbitration Alert blog, here. Oppenheimer has moved to vacate a massive Award...

By George Friedman
Arbitration of Investor Claims in An Industry-Sponsored Forum – A Look Back at 20 Years of Lessons author.
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Arbitration of Investor Claims in An Industry-Sponsored Forum – A Look Back at 20 Years of Lessons

This article was first published on the Securities Arbitration Alert blog, here. Introduction Industry-sponsored arbitration has long been the only...

By Courtney M. Werning, David Neuman, Jorge L. Riera, Michael S. Edmiston
Canada – Arbitral Award Enforced despite Russian Sanctions author.
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Canada – Arbitral Award Enforced despite Russian Sanctions

This article was first published in the Arbitration Matters Blog, here. In Angophora Holdings Limited v. Ovsyankin, 2022 ABKB 711, Justice Romaine...

By Myriam Seers
Arbitration Conversation No. 89: Prof. Kristen Blankley of the Nebraska College of Law author.
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Arbitration Conversation No. 89: Prof. Kristen Blankley of the Nebraska College of Law

In this episode of the Arbitration Conversation, Amy interviews Professor Kristen Blankley, who teaches Alternative Dispute Resolution, Advocacy in Mediation,...

By Kristen Blankley, Amy Schmitz
SCOTUS Declines to Review Case Involving FINRA Award author.
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SCOTUS Declines to Review Case Involving FINRA Award

This article was first published on the Securities Arbitration Alert blog. here. The Supreme Court on October 31 denied Certiorari in Caputo v....

By George Friedman
Canada – Foreign Award Enforcement Upheld on Appeal Despite Previous Attornment to Court author.
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Canada – Foreign Award Enforcement Upheld on Appeal Despite Previous Attornment to Court

This article was first published in the Arbitration Matters Blog, here. In Wang v. Luo, 2022 ONSC 5544, Justice LeMay, sitting...

By James Plotkin
An Emerging Trend to Replace Direct Testimony with Written Narrative Witness Statements in Commercial Arbitration author.
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An Emerging Trend to Replace Direct Testimony with Written Narrative Witness Statements in Commercial Arbitration

A foundational principle of Arbitration is that it based on an agreement between the parties to submit their dispute for...

By Jerome Rock
Arbitration Conversation No. 88: Prof. Steven Shapiro and Dr. Shaheeza Lalani author.
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Arbitration Conversation No. 88: Prof. Steven Shapiro and Dr. Shaheeza Lalani

In this episode of the Arbitration Conversation Amy interviews Prof. Steven Shapiro and Dr. Shaheeza Lalani. Prof. Shapiro has been...

By Shaheeza Lalani, Steven Shapiro, Amy Schmitz
FINRA DRS Posts Stats Through 3Q: Customer and Industry Arbitration Claims Have Definitely Stabilized. Mediation Filings Are Still Up, But Continue to Slow Down author.
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FINRA DRS Posts Stats Through 3Q: Customer and Industry Arbitration Claims Have Definitely Stabilized. Mediation Filings Are Still Up, But Continue to Slow Down

This article was first published on the Securities Arbitration Alert blog. here. FINRA Dispute Resolution Services (“DRS”) has posted case statistics through...

By George Friedman
Canada – Action Brought to Require Payment Ordered in Award author.
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Canada – Action Brought to Require Payment Ordered in Award

This article was fist published in the Arbitration Matters Blog, here. In Tomalik v Enthink Inc., 2022 ABCA 302, the Court...

By Lisa C. Munro
Resolving Investor-State Disputes following Russia’s War in Ukraine: Investment Arbitration Will Lead the Way author.
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Resolving Investor-State Disputes following Russia’s War in Ukraine: Investment Arbitration Will Lead the Way

Russia’s war against Ukraine affected many people and businesses, leaving a global impact. Foreign countries (States) imposed sanctions affecting the...

By Brittany Munn
Arbitration Conversation No. 87: Prof. Leonardo Oliveira, Lecturer, Royal Holloway, University of London author.
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Arbitration Conversation No. 87: Prof. Leonardo Oliveira, Lecturer, Royal Holloway, University of London

In this episode of the Arbitration Conversation, Amy interviews Prof. Leonardo Valladares Pacheco de Oliveira, Lecturer in Law at Royal...

By Leonardo de Oliveira, Amy Schmitz
First Monday in October: Some Arbitration-Centric Cases Worth Following author.
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First Monday in October: Some Arbitration-Centric Cases Worth Following

This article first appeared on the Securities Arbitration Alert Blog, here. The Supreme Court was back in session on October...

By George Friedman
Canada – Arbitration Agreement Invalid due to Unconscionability and no Consideration author.
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Canada – Arbitration Agreement Invalid due to Unconscionability and no Consideration

This article was first published on the Arbitration Matters blog, here. In Pokornik v. SkipTheDishes Restaurant Services Inc., 2022 MBKB 178,...

By Cynthia Kuehl
Arbitration Conversation No. 86: Travis Lenkner, Managing Partner of Keller Lenkner LLC., The Attorney Who Took On Amazon author.
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Arbitration Conversation No. 86: Travis Lenkner, Managing Partner of Keller Lenkner LLC., The Attorney Who Took On Amazon

In this episode of the Arbitration Conversation Amy interviews Travis Lenkner, Managing Partner of Keller Lenkner LLC. Travis has previous...

By Travis Lenkner, Amy Schmitz
Metaverse and Digital Identity author.
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Metaverse and Digital Identity

The term metaverse was first coined by Neal Stephenson in his 1992 science fiction novel Snow Crash.  In the novel,...

By Ken Korea
Fifth Circuit: FAA Section 1 Does Not Exempt Local Delivery Drivers author.
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Fifth Circuit: FAA Section 1 Does Not Exempt Local Delivery Drivers

This article first appeared on the Securities Arbitration Alert Blog, here. Houston area delivery drivers who generally did not cross...

By George Friedman
Canada – Interests of Justice Require Closely Linked Disputes to be Arbitrated author.
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Canada – Interests of Justice Require Closely Linked Disputes to be Arbitrated

This article was first published on the Arbitration Matters blog, here. In Tessier v 2428-8516 Québec inc., 2002 QCCS 3159, Justice...

By Rachel Howie
The Supreme Court’s Unanimous Ruling in Southwest Airlines v. Saxon: More Questions Left than Answers author.
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The Supreme Court’s Unanimous Ruling in Southwest Airlines v. Saxon: More Questions Left than Answers

Introduction and Unanswered Questions             Airplane cargo loaders and ramp supervisors are now able to bring a claim for overtime...

By Brittany Munn

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