Articles

Has the 11th Circuit Clarified the Transportation Worker Exemption of the FAA or Just Created a Circuit Split? author.
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Has the 11th Circuit Clarified the Transportation Worker Exemption of the FAA or Just Created a Circuit Split?

This article was first published on the Employment Class Action Blog here. In a published June 22 opinion, the Eleventh...

By John Lewis
Arbitration Tips-N-Tools (TNT): Round 15 author.
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Arbitration Tips-N-Tools (TNT): Round 15

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

By Marsha Ternus, Deborah Hylton, Michael Pitton, Amy Schmitz
Canada – Party Not Abandoning Position Made in Written Argument, Despite Counsel’s Failure to Object to Arbitrator’s Contrary Understanding author.
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Canada – Party Not Abandoning Position Made in Written Argument, Despite Counsel’s Failure to Object to Arbitrator’s Contrary Understanding

This article was originally published on Arbitration Matters, here. In Eisler v. Connor Clark & Lunn Financial Group Ltd., 2021 BCSC...

By Lisa Munro
Amicus Briefs Are Coming in on Servotronics. And Oral Argument Is Set author.
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Amicus Briefs Are Coming in on Servotronics. And Oral Argument Is Set

This article first appeared in the weekly Securities Arbitration Alert of 22 July 2021 and is reposted here with permission....

By George Friedman
The 2021 ICDR Arbitration Rules: A Welcome Update for International Construction Arbitration author.
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The 2021 ICDR Arbitration Rules: A Welcome Update for International Construction Arbitration

This article was originally published on International Bar Association and on the Troutman Pepper Blog, here. It is republished here with...

By Albert Bates Jr., R. Zachary Torres-Fowler, Hailey Barnett
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
E-Signing Arbitration Agreements in a Remote World author.
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E-Signing Arbitration Agreements in a Remote World

This article first appeared on the Davis Wright Tremaine LLP blog, here. A recent California Court of Appeal decision (Bannister...

By Crystal Miller-O'Brien, Beatrice Nuñez-Bellamy
Arbitration Tips-N-Tools (TNT): Round 14 author.
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Arbitration Tips-N-Tools (TNT): Round 14

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

By Deborah Hylton, Marsha Ternus, Michael Pitton, Amy Schmitz
Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers author.
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Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers

This article first appeared on LexBlog.com, here. Seyfarth Synopsis: Though it may sound esoteric, the question of whether “last mile” drivers...

By Lennon B. Haas, Kyle Petersen, Kevin M. Young
Unconscious Bias in International Arbitration author.
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Unconscious Bias in International Arbitration

This article first appeared on the Thomson Reuters Practical Law Arbitration Blog, here. Arbitrators are inevitably bound by a duty of...

By Frederico Singarajah
Back-to-the-Office: The Key ADR Institutions Update Us on their Plans author.
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Back-to-the-Office: The Key ADR Institutions Update Us on their Plans

This article first appeared on the Securities Arbitration Alert, here. As more and more financial services firms announce their plans...

By George Friedman
Arbitration Conversation No. 62: Prof. Rory Van Loo of the Boston University School of Law author.
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Arbitration Conversation No. 62: Prof. Rory Van Loo of the Boston University School of Law

In this episode of the Arbitration Conversation Amy interviews Prof. Rory Van Loo, a fourth-year professor at Boston University Law...

By Rory Van Loo, Amy Schmitz
Snapshot on Data Protection from the 2021 QMUL Survey on International Arbitration: Adapting Arbitration to a Changing World author.
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Snapshot on Data Protection from the 2021 QMUL Survey on International Arbitration: Adapting Arbitration to a Changing World

The School of International Arbitration at Queen Mary University of London in collaboration with White & Case LLP prepared the...

By Cemre Kadioglu, Dr. Martin Beckmann
Arbitration Tips-N-Tools (TNT): Round 13 author.
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Arbitration Tips-N-Tools (TNT): Round 13

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

By Michael Pitton, Deborah Hylton, Marsha Ternus, Amy Schmitz
Distinguishing Discovery Procedures in Commercial Arbitration:  A Comparative Analysis of AAA and FINRA Rules author.
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Distinguishing Discovery Procedures in Commercial Arbitration: A Comparative Analysis of AAA and FINRA Rules

This article first appeared in Securities Arbitration Alert, here. Introduction In civil litigation, discovery is the process by which parties...

By Ksenia Matthews
U.S. Supreme Court Declines to Review Whether the Federal Arbitration Act Forecloses Public-Policy Challenges to Arbitration Awards author.
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U.S. Supreme Court Declines to Review Whether the Federal Arbitration Act Forecloses Public-Policy Challenges to Arbitration Awards

This article first appeared in Global Dispute Resolution Insights, here. For the second time in four years, the U.S. Supreme...

By Sarah Biser
Arbitration Conversation No. 61: Former Chief Justice of the Iowa Supreme Court Justice Marsha Ternus author.
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Arbitration Conversation No. 61: Former Chief Justice of the Iowa Supreme Court Justice Marsha Ternus

In this episode of the Arbitration Conversation Amy interviews former Chief Justice of the Iowa Supreme Court Marsha Ternus. She...

By Marsha Ternus, Amy Schmitz
The 2020 SIAC Annual Report: Trends & Questions author.
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The 2020 SIAC Annual Report: Trends & Questions

This article first appeared on Thomson Reuters Practical Law Arbitration Blog, here. One day short of April Fool’s Day this...

By Hanna Azkiya
Impact of the COVID-19 Pandemic On (Physical) Litigation and International Arbitration Proceedings in Switzerland author.
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Impact of the COVID-19 Pandemic On (Physical) Litigation and International Arbitration Proceedings in Switzerland

This article first appeared on Global Arbitration News by Baker McKenzie, here. With the emergence of the COVID-19 virus in...

By Valentina Hirsiger, Lukas Frommelt
Arbitration Tips-N-Tools (TNT): Round 12 author.
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Arbitration Tips-N-Tools (TNT): Round 12

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

By Marsha Ternus, Deborah Hylton, Michael Pitton, Amy Schmitz
Canada – Arbitration Remains Mandatory Despite Option Given to Only One Party to Waive Arbitration author.
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Canada – Arbitration Remains Mandatory Despite Option Given to Only One Party to Waive Arbitration

This article first appeared in Urbas Arbitral, here. In Malcolm Drilling Company Inc. v. The Graham-Aecon Joint Venture, 2021 BCSC 1136,...

By Daniel Urbas
Are We Seeing the Start of a Tectonic Shift on Mandatory PDAAs in the Financial Services Field? author.
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Are We Seeing the Start of a Tectonic Shift on Mandatory PDAAs in the Financial Services Field?

This article first appeared on Securities Arbitration Alert (SAA), here. This is less a letter from the editor and more...

By George Friedman
Plenty of Phish in the Sea: Cybersecurity and the Revised IBA Rules on Evidence author.
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Plenty of Phish in the Sea: Cybersecurity and the Revised IBA Rules on Evidence

This article was first published on the Thomson Reuters Practical Law Arbitration Blog, here. It is a trite but a...

By Sebastiano Nessi, Simon Demaurex
Remedying a Slip in an Award author.
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Remedying a Slip in an Award

This blog was originally published on the Practical Law Arbitration blog on 18 May 2021. Practical Law is part of Thomson Reuters A new...

By Michael Lampert
AAA Stats, 1st Qtr. 2021: Consumer & Employment Case Information Updates author.
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AAA Stats, 1st Qtr. 2021: Consumer & Employment Case Information Updates

This article first appeared in the Securities Arbitration Alert Blog, here. AAA Award Data is updated quarterly by the American...

By George Friedman
Arbitration Conversation No 60: Wendy Gonzales, Founder of Cyberarb author.
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Arbitration Conversation No 60: Wendy Gonzales, Founder of Cyberarb

In this episode of the Arbitration Conversation Amy interviews Wendy Gonzales, Founder of Cyberarb (the Initiative for Cybersecurity in International...

By Wendy Gonzales, Amy Schmitz
The Tide Rises: Will Biden’s Blue Wave Wash Away Mandatory Arbitration? author.
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The Tide Rises: Will Biden’s Blue Wave Wash Away Mandatory Arbitration?

This article first appeared on the Financial Institutions Law Alert, here. Congressional rumblings about outlawing mandatory arbitration clauses are relatively...

By Joseph Calabrese
What is Arbitration, Anyway? author.
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What is Arbitration, Anyway?

Many years ago, I conducted focus groups in Denver, Colorado, asking consumers to discuss their understanding of arbitration. Nearly all...

By Amy Schmitz
SCOTUS Denies Certiorari in Selden. At Issue: FAA Review of Awards Based on Public Policy author.
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SCOTUS Denies Certiorari in Selden. At Issue: FAA Review of Awards Based on Public Policy

This article first appeared in the Securities Arbitration Alert Blog. As reported in SAA 2021-19 (May 20), the Supreme Court...

By George Friedman
Arbitration Conversation No. 59: Mediator, Arbitrator, and Special Master Karl Bayer author.
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Arbitration Conversation No. 59: Mediator, Arbitrator, and Special Master Karl Bayer

In this episode of the Arbitration Conversation Amy interviews Karl Bayer, an Alternative Dispute Resolution practitioner with almost thirty years...

By Karl Bayer, Amy Schmitz

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