Articles

Arbitration Conversation No. 68: Prof. Imre Szalai of Loyola University New Orleans author.
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Arbitration Conversation No. 68: Prof. Imre Szalai of Loyola University New Orleans

In this episode of the Arbitration Conversation, Amy interviews Prof. Imre Szalai of Loyola University New Orleans, a nationally-known scholar...

By Imre Szalai, Amy Schmitz
Dispute on Arbitrability Needs an Arbitrator author.
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Dispute on Arbitrability Needs an Arbitrator

This article first appeared on McDermott Will & Emery’s IP Update, here. The US Court of Appeals for the Federal...

By Ralph E. Gaskins
After a Lull in 2021, a Busy Year Ahead Arbitration-wise for SCOTUS author.
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After a Lull in 2021, a Busy Year Ahead Arbitration-wise for SCOTUS

This article first appeared on Securities Arbitration Alert, here. We entered 2021 with SCOTUS poised to again rule on delegation...

By George Friedman
In Case You Missed Them, Here Are the Top 10 Highlights of Arbitration in 2021 author.
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In Case You Missed Them, Here Are the Top 10 Highlights of Arbitration in 2021

In case you missed them, here are the Top 10 Highlights of Arbitration in 2021 to look back on as...

By Amy Schmitz
New Town Elder Arbitration Rules author.
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New Town Elder Arbitration Rules

The effort to cut arbitration costs has led to the promulgation of a new tech-assisted model that David Rivkin refers...

By Stacie Strong
Arbitration Conversation No. 67: Stephen Kane, Founder, and CEO of FairClaims.com author.
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Arbitration Conversation No. 67: Stephen Kane, Founder, and CEO of FairClaims.com

In this episode of the Arbitration Conversation Amy interviews Stephen Kane, Founder and CEO of FairClaims.com, an ODR provider working...

By Stephen Kane, Amy Schmitz
And Then There Were Four: SCOTUS Takes on Fourth Arbitration-Related Case in a Month author.
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And Then There Were Four: SCOTUS Takes on Fourth Arbitration-Related Case in a Month

This article was first published on the Securities Arbitrate Alert, here. In about a month, the Supreme Court has gone...

By George Friedman
Canada – Franchisor Addresses Uber Arbitration Agreement Flaws to Obtain Stay of Proceedings author.
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Canada – Franchisor Addresses Uber Arbitration Agreement Flaws to Obtain Stay of Proceedings

This article was first published on Arbitration Matters, here. In Kang v Advanced Fresh Concepts Franchise Corp., 2021 BCPC 262, Small...

By Lisa Munro
Availability of Section 1782 Discovery in International Arbitration Proceedings – Will the Supreme Court Finally Have its Say? author.
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Availability of Section 1782 Discovery in International Arbitration Proceedings – Will the Supreme Court Finally Have its Say?

Section 1782 of Title 28 of the United States Code (§1782) was enacted in 1964 to govern the authority of...

By Brittany Munn
What Can Companies Do to Protect Themselves from U.S. Style Discovery Creeping Into their International Disputes…? author.
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What Can Companies Do to Protect Themselves from U.S. Style Discovery Creeping Into their International Disputes…?

Update: Since the original publication of this article, the Servotronics II case has been dismissed by joint stipulation of the...

By Thomas Allen
Déséquilibre and Arbitration Clauses in Subway Franchise Contracts in France author.
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Déséquilibre and Arbitration Clauses in Subway Franchise Contracts in France

The presence of arbitration clauses in franchise contracts is not a novelty[1]– on the contrary, it is a practice being...

By Leonardo de Oliveira, Clotilde Jourdain-Fortier
Just Like Thanksgiving and Black Friday: Five Truisms about Arbitration — That Aren’t True author.
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Just Like Thanksgiving and Black Friday: Five Truisms about Arbitration — That Aren’t True

This article first appeared on Securities Arbitration Alert, here. Years ago I penned a blog post on Thanksgiving and arbitration....

By George Friedman
UNCITRAL Working Group III To Consider the Draft Arbitrator Code of Conduct author.
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UNCITRAL Working Group III To Consider the Draft Arbitrator Code of Conduct

This week, UNCITRAL Working Group III will consider the Draft Arbitrator Code of Conduct.  They will be looking at proposed Article...

By Katherine Simpson
Canada – Award Challenged for Legal Error, Denial of Natural Justice After Baseball Arbitration author.
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Canada – Award Challenged for Legal Error, Denial of Natural Justice After Baseball Arbitration

This article first appeared on the Arbitration Matters blog, here. In 1150 Alberni Limited Partnership v Northwest Community Enterprises Ltd., 2021...

By Lisa Munro
Arbitration Tips-N-Tools (TNT): Round 20 author.
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Arbitration Tips-N-Tools (TNT): Round 20

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about the growing interest...

By Imre Szalai, Steven Shapiro, Erin Archerd, Amy Schmitz
The Future of the Transportation Worker Exemption to Mandatory Arbitration – Clarity for the Gig Economy? author.
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The Future of the Transportation Worker Exemption to Mandatory Arbitration – Clarity for the Gig Economy?

In 1925, the Federal Arbitration Act (“FAA”) was enacted to ensure the validity and enforcement of arbitration agreements due to...

By Brittany Munn
Tales from the Arbitration Crypt author.
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Tales from the Arbitration Crypt

This article first appeared on the Securities Arbitration Alert Blog, here. With Halloween behind us, I thought it might be...

By George Friedman
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Diversity in International Arbitration – Online Colloquium hosted by Arbitrate.com and Texas A&M

https://www.youtube.com/watch?v=2oRJhagFbYQ https://youtu.be/-7KKc0De3BU

Canada – Challenge to Arbitrator’s Integrity to be Determined Using Bias Test author.
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Canada – Challenge to Arbitrator’s Integrity to be Determined Using Bias Test

This article first appeared on the Arbitration Matters blog, here. In Farmer v Farmer, 2021 ONSC 5913, the appellant wife appealed...

By Lisa Munro
UNCITRAL Publishes Expedited Arbitration Rules author.
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UNCITRAL Publishes Expedited Arbitration Rules

This article first appeared on Arbitration Notes by Herbert Smith Freehills, here. In December 2020, we reported that the Working Group II...

By Andrew Cannon, Elizabeth Kantor, Gerald Leong
Arbitration Tips-N-Tools (TNT): Round 19 author.
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Arbitration Tips-N-Tools (TNT): Round 19

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about the biggest pitfalls...

By Steven Shapiro, Imre Szalai, Erin Archerd, Amy Schmitz
Invoking a Policy’s Arbitral Provisions that Fall Under the New York or Panama Convention when a Third Party Sues the Insurer author.
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Invoking a Policy’s Arbitral Provisions that Fall Under the New York or Panama Convention when a Third Party Sues the Insurer

This article was originally published in the ARIAS·U.S. Quarterly, Q3, 2021 and is republished here with permission. A.        Overview The...

By Edward Lenci
6 Hours of Social Media Blackout in Arbitration? The Cybersecurity Perspective author.
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6 Hours of Social Media Blackout in Arbitration? The Cybersecurity Perspective

Did Monday 6th October 2021 feel like a snow or rain day to you? With Facebook, Facebook Messenger, Instagram, and...

By Katie Hyman, Wendy Gonzales
Divided Ninth Circuit Ruling on California AB-51 FAA Preemption is also a Split Decision: Statute is Preempted in Part author.
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Divided Ninth Circuit Ruling on California AB-51 FAA Preemption is also a Split Decision: Statute is Preempted in Part

This article first appeared on the Securities Arbitration Alert, here. A split Ninth Circuit has finally ruled on the validity...

By George Friedman
Indian Supreme Court Confirms Enforceability of India-Seated Emergency Arbitration Awards author.
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Indian Supreme Court Confirms Enforceability of India-Seated Emergency Arbitration Awards

This article first appeared on Arbitration Notes by Herbert Smith Freehills, here. The Supreme Court of India (the “Court“) has...

By Andrew Cannon, Tomas Furlong, Madhu Krishnan
UNCITRAL/ICSID Draft Code of Conduct for Adjudicators in Internation Investment Disputes author.
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UNCITRAL/ICSID Draft Code of Conduct for Adjudicators in Internation Investment Disputes

It has just been announced that ICSID and UNCITRAL have released the third version of the Draft Code of Conduct...

By Stacie Strong
Arbitration Coversation No. 66: Independent Arbitrator Sophie Nappert author.
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Arbitration Coversation No. 66: Independent Arbitrator Sophie Nappert

In this episode of the Arbitration Conversation, Amy interviews Sophie Nappert, an arbitrator in independent practice who is based in...

By Sophie Nappert, Amy Schmitz
Expedited Arbitration, Autonomy and Due Process author.
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Expedited Arbitration, Autonomy and Due Process

This article was first published on the Practical Law Arbitration Blog in two parts on 3 and 13 September 2021....

By Alexander Uff
Canada – Arbitrator’s Award Set Aside on Basis that it was “Arbitrary and Irrational” author.
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Canada – Arbitrator’s Award Set Aside on Basis that it was “Arbitrary and Irrational”

This article first appeared on the Arbitration Matters blog, here. In Shahcheraghi v Divangahi, 2021 BCSC 1576, Justice Horsman set aside...

By Lisa Munro
Second Version of The Draft Code of Conduct: Hits and Misses author.
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Second Version of The Draft Code of Conduct: Hits and Misses

This article was first published in the Indian Review of International Arbitration (IRIArb) journal. For more information about the journal,...

By Abhisar Vidyarthi, Sikander Hyaat Khan

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