Articles

Reminder: SCOTUS Hears Two of “Arbitration Final Four” Oral Arguments Next Week author.
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Reminder: SCOTUS Hears Two of “Arbitration Final Four” Oral Arguments Next Week

Just a reminder that SCOTUS will be hearing oral arguments next week on two cases involving arbitration. We reported in...

By George Friedman
Arbitration Conversation No. 72: Paul Barker, International Arbitrator, and Fellow, Stanford Law School author.
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Arbitration Conversation No. 72: Paul Barker, International Arbitrator, and Fellow, Stanford Law School

In this episode of the Arbitration Conversation, Amy interviews Paul Barker, a partner in the Bay Area office of Kirkland...

By Paul Barker, Amy Schmitz
A Detailed Comparison of Third-Party Funding Regulations in Hong Kong and Singapore author.
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A Detailed Comparison of Third-Party Funding Regulations in Hong Kong and Singapore

This article was first published in the Asia Pacific Law Review, here. ABSTRACT Third-party funding (TPF) has played a major...

By Can Eken
Arbitration Tips-N-Tools (TNT): Round 22 author.
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Arbitration Tips-N-Tools (TNT): Round 22

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

By Oladeji Tiamiyu, Myriam Seers, Olof Heggemann, Amy Schmitz
Canada – No Issue Estoppel Regarding Arbitrator’s Findings in Later Litigation author.
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Canada – No Issue Estoppel Regarding Arbitrator’s Findings in Later Litigation

This article was first published on the Arbitration Matters blog, here. In The 6th Line Mofos Limited v Stewart, 2022 ONSC 520,...

By Lisa C. Munro
President Biden Signs Into Law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It Became Effective Immediately author.
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President Biden Signs Into Law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It Became Effective Immediately

President Biden on March 3 signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It became effective...

By George Friedman
Arbitration Conversation  No. 71: Ashley Rafael, General Counsel, Midway Moving & Storage, Inc. author.
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Arbitration Conversation No. 71: Ashley Rafael, General Counsel, Midway Moving & Storage, Inc.

In this episode of the Arbitration Conversation Amy interviews Ashley Rafael, General Counsel, Midway Moving & Storage, Inc. Ashley is...

By Ashley Rafael, Amy Schmitz
Forced Arbitration Ban in #MeToo Cases: What’s Next for Employers? author.
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Forced Arbitration Ban in #MeToo Cases: What’s Next for Employers?

This article first appeared on Engage Blog by Hogan Lovells, here. President Biden is expected to sign into law legislation...

By Ches Garrison
Arbitration Tips-N-Tools (TNT): Round 21 author.
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Arbitration Tips-N-Tools (TNT): Round 21

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

By Olof Heggemann, Oladeji Tiamiyu, Myriam Seers, Amy Schmitz
Analysis: Georgia Court Vacates FINRA Award on Several Bases author.
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Analysis: Georgia Court Vacates FINRA Award on Several Bases

Just as we were finalizing the last Alert, we learned that a Georgia Trial Court had vacated a FINRA Award based...

By George Friedman
Canada – Statute Gives Unintended Economic Incentives to Avoid Mandatory Arbitration author.
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Canada – Statute Gives Unintended Economic Incentives to Avoid Mandatory Arbitration

This article was first published on the Arbitration Matters blog, here. In Metropolitan Toronto Condominium Corporation No. 1171 v Rebeiro, 2022...

By Lisa C. Munro
Arbitration Conversation No. 70: Catherine Rogers, Founder, Arbitrator Intelligence author.
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Arbitration Conversation No. 70: Catherine Rogers, Founder, Arbitrator Intelligence

In this episode of the Arbitration Conversation Amy interviews Catherine A. Rogers, a scholar of international arbitration and professional ethics...

By Catherine Rogers, Amy Schmitz
Practicalities of Privacy and Secrecy in Arbitration author.
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Practicalities of Privacy and Secrecy in Arbitration

There has been a great deal of discussion lately about nondisclosure agreements (NDAs) in arbitration. The problem is that the...

By Amy Schmitz
Beware International Laws and Conventions author.
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Beware International Laws and Conventions

In the decision, McDonnel Group, LLC v. Great Lakes Insurance SE, UK Branch. No. 18-30817, 2019 WL 2082905, (5th Cir....

By Brian R. Gaudet
The U.S. Supreme Court Finally Will Review (and May Bury) PAGA’s Anti-Arbitration Rule author.
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The U.S. Supreme Court Finally Will Review (and May Bury) PAGA’s Anti-Arbitration Rule

This article was first published on Proskauer Blog, here. While the California Supreme Court has repeatedly upheld arbitration agreements with...

By Anthony J. Oncidi, Philippe A. Lebel
Arbitration Conversation No. 69: Stephen Anway, Partner and Co-Chair of IDR at Squire Patton Boggs author.
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Arbitration Conversation No. 69: Stephen Anway, Partner and Co-Chair of IDR at Squire Patton Boggs

In this episode of the Arbitration Conversation, Amy interviews Arbitrator Stephen Anway, global co-chair of Squire Patton Boggs’ International Dispute...

By Stephen P. Anway, Amy Schmitz
March Madness as SCOTUS Sets “Final Four” Oral Arguments for Last Two Weeks in March author.
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March Madness as SCOTUS Sets “Final Four” Oral Arguments for Last Two Weeks in March

This article first appeared in the Securities Arbitration Alert Blog here. We reported in December that the Supreme Court had...

By George Friedman
Canada – Fresh Evidence Test the Same on Set Aside Applications on Fairness Grounds and Judicial Review Applications author.
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Canada – Fresh Evidence Test the Same on Set Aside Applications on Fairness Grounds and Judicial Review Applications

This article was first published on the Arbitration Matters blog, here. In Vento Motorcycles Inc. v United Mexican States, 2021 ONSC...

By Lisa C. Munro
International Commercial Arbitration: The Applicable Laws Theorem author.
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International Commercial Arbitration: The Applicable Laws Theorem

This article first appeared on the Thomson Reuters Arbitration blog, here. One of the most interesting aspects of international arbitration are the applicable...

By Frederico Singarajah
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 C. 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

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