Articles

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
Arbitration Conversation No. 85: Oladeji Tiamiyu, Clinical Fellow, HNMCP at Harvard Law School author.
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Arbitration Conversation No. 85: Oladeji Tiamiyu, Clinical Fellow, HNMCP at Harvard Law School

In this episode of the Arbitration Conversation, Amy interviews Oladeji M. Tiamiyu, Clinical Fellow at the Harvard Negotiation and Mediation...

By Oladeji Tiamiyu, Amy Schmitz
Looking Back at the First 18 Months of Arbitrate.com author.
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Looking Back at the First 18 Months of Arbitrate.com

Mediate.com launched its spinoff online community Arbitrate.com on March 1, 2021, and the site has made an enormous amount of...

By Indraneel Gunjal, Colin Rule
More on Amended AAA Commercial Rules author.
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More on Amended AAA Commercial Rules

This article first appeared on the Securities Arbitration Alert Blog, here. Just as we were putting SAA 2022-33 (Sep. 1)...

By George Friedman
Canada – Court of Appeal Upholds “Single Proceeding” Insolvency Model Over Recourse to Arbitration author.
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Canada – Court of Appeal Upholds “Single Proceeding” Insolvency Model Over Recourse to Arbitration

This article was first published on the Arbitration Matters blog, here. In Mundo Media Ltd. (Re), 2022 ONCA 607, Court of...

By James Plotkin
Arbitration Conversation No. 84: Hiro Aragaki, Professor of Law and Director of the Center for Negotiation and Dispute Resolution, UC Hastings Law. author.
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Arbitration Conversation No. 84: Hiro Aragaki, Professor of Law and Director of the Center for Negotiation and Dispute Resolution, UC Hastings Law.

In this episode of the Arbitration Conversation, Amy interviews Prof. Hiro Aragaki, Professor of Law and Director of the Center...

By Hiro Aragaki, Amy Schmitz
Canada – Parallel Proceedings Insufficient to Justify Disregard of Arbitration Agreement author.
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Canada – Parallel Proceedings Insufficient to Justify Disregard of Arbitration Agreement

In Travelers Insurance Company of Canada v Greyhound Canada Transportation, 2022 QCCQ 4746, Justice Davignon declined jurisdiction over part of a dispute –...

By Eric Bédard
California AB-51 Update: Ninth Circuit Panel Declares A “Do-Over” author.
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California AB-51 Update: Ninth Circuit Panel Declares A “Do-Over”

This article first appeared on the Securities Arbitration Alert Blog, here. The split Ninth Circuit Panel that had ruled a...

By George Friedman
Why You Should Consider California as the Seat for Your Arbitration author.
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Why You Should Consider California as the Seat for Your Arbitration

As all the parties to an arbitration know, choosing the seat of the arbitration is extremely important because the law...

By Colin Rule, Indraneel Gunjal
Arbitration Conversation No. 83: Gary Born, Chair, International Arbitration Practice Group, Wilmer Hale author.
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Arbitration Conversation No. 83: Gary Born, Chair, International Arbitration Practice Group, Wilmer Hale

In this episode of the Arbitration Conversation, Amy interviews Gary Born, Chair of the International Arbitration Practice Group at Wilmer...

By Gary Born, Amy Schmitz
Canada – Why Arbitration Needs the Courts – And Vice Versa author.
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Canada – Why Arbitration Needs the Courts – And Vice Versa

In Benke v Loblaw Companies Limited, 2022 ABQB 461, Justice Feasby called for a “culture change” in the courts to “create...

By Lisa C. Munro
Arbitrators: Be Cautious When Sanctioning Attorneys author.
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Arbitrators: Be Cautious When Sanctioning Attorneys

A Colorado appellate court recently held that arbitrators do not have the inherent power to sanction an attorney personally for...

By Imre Szalai
What Does the Federal Arbitration Act’s “Policy Favoring Arbitration” Really Favor? Arbitration as a Way of Settling Disputes Rather than “Deciding” Cases author.
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What Does the Federal Arbitration Act’s “Policy Favoring Arbitration” Really Favor? Arbitration as a Way of Settling Disputes Rather than “Deciding” Cases

Introduction For decades, arbitration practice has been conceptualized as an alternative way to resolve cases, acting much as a court...

By Stephanie Korenman, Aegis Frumento
Arbitration Conversation No. 82: Prof. Ronald Brand, University of Pittsburgh School of Law author.
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Arbitration Conversation No. 82: Prof. Ronald Brand, University of Pittsburgh School of Law

In this episode of the Arbitration Conversation, Amy interviews Ronald Brand, the Chancellor Mark A. Nordenberg University Professor, and John...

By Ronald Brand, Amy Schmitz
Canada – Arbitration Clause Not Consideration; Provides Only Detriment to Contracting Party author.
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Canada – Arbitration Clause Not Consideration; Provides Only Detriment to Contracting Party

This article was first published on the Arbitration Matters blog, here. In Goberdhan v Knights of Columbus, 2022 ONSC 3788, Justice...

By Lisa C. Munro
FINRA DRS Posts Stats Through June: Customer and Industry Arbitration Claims Are Down at the Half-way Mark. Mediation Filings Are Still Strong But Are Slowing Down author.
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FINRA DRS Posts Stats Through June: Customer and Industry Arbitration Claims Are Down at the Half-way Mark. Mediation Filings Are Still Strong But Are Slowing Down

This article first appeared on the Securities Arbitration Alert Blog, here. FINRA Dispute Resolution Services (“DRS”) has posted case statistics...

By George Friedman
The Supreme Court Limits 28 U.S.C § 1782 Discovery in Aid of International Arbitration author.
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The Supreme Court Limits 28 U.S.C § 1782 Discovery in Aid of International Arbitration

Introduction 28 U.S.C. § 1782 (“Section 1782”) is a United States statute that allows parties to obtain discovery of documents...

By Brittany Munn

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