Category: Commercial

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

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
The Arbitration Conversation No.81: Erin Archerd, Assoc Prof of Law, Univ of Detroit Mercy School of Law author.

The Arbitration Conversation No.81: Erin Archerd, Assoc Prof of Law, Univ of Detroit Mercy School of Law

In this episode of the Arbitration Conversation, Amy interviews Erin Archerd, Associate Professor of Law at the University of Detroit...

By Erin Archerd, Amy Schmitz
Canada – Court Partially Stays Class Action Related to Videogame “Loot Boxes” author.

Canada – Court Partially Stays Class Action Related to Videogame “Loot Boxes”

This article was first published on the Arbitration Matters blog, here. In Petty v Niantic Inc., 2022 BCSC 1077, Justice Mayer...

By James Plotkin
How Companies Can Hedge Risk of Mass Arbitration author.

How Companies Can Hedge Risk of Mass Arbitration

This article was first published on the Cooley LLP Blog, here. Mass arbitration is a recent trend where companies are...

By Marc Suskin, Rachel Thorn
The SCOTUS “Arbitration Quartet” – What You Need to Know author.

The SCOTUS “Arbitration Quartet” – What You Need to Know

Introduction As our readers know, the Supreme Court just concluded a very busy Term that included an unprecedented five arbitration-centric...

By George Friedman
Canada – Motion to “Compel” Participation in Arbitration Dismissed, Despite Arbitration Clause author.

Canada – Motion to “Compel” Participation in Arbitration Dismissed, Despite Arbitration Clause

This article was first published on the Arbitration Matters blog, here. In Black & McDonald v. Eiffage Innovative Canada Inc., 2022...

By Lisa C. Munro
Compliance Reinforcement Mechanism in 2021 Delos Rules of Arbitration: Continuing a Tradition of Bold Innovation author.

Compliance Reinforcement Mechanism in 2021 Delos Rules of Arbitration: Continuing a Tradition of Bold Innovation

The 2021 Delos Rules of Arbitration came into effect on 1 November 2021, the first major revision since the institution was established...

By Marco de Sousa
Arbitration Conversation No. 80: Adriana Vaamonde, Exec Director, Centro de Arbitraje Cámara de Caracas author.

Arbitration Conversation No. 80: Adriana Vaamonde, Exec Director, Centro de Arbitraje Cámara de Caracas

In this episode of the Arbitration Conversation, Amy interviews Adriana Vaamonde, Exec Director, Centro de Arbitraje Cámara de Caracas. Adriana...

By Adriana Vaamonde Marcano, Amy Schmitz
Independence Day and Arbitration author.

Independence Day and Arbitration

This article first appeared on the Securities Arbitration Alert Blog, here. Years ago I penned a blog post on Independence...

By George Friedman
Arbitration Conversation No. 79: Fernando Sanquírico Pittevil, Partner at Lega Abogados author.

Arbitration Conversation No. 79: Fernando Sanquírico Pittevil, Partner at Lega Abogados

In this episode of the Arbitration Conversation, Amy interviews Fernando Sanquírico Pittevil, a partner at Lega Abogados in Venezuela. Fernando...

By Fernando Sanquírico Pittevil, Amy Schmitz
Canada – Appeal/Set Aside Not Designed to “Save the Parties from Themselves” author.

Canada – Appeal/Set Aside Not Designed to “Save the Parties from Themselves”

This article was first published on the Arbitration Matters blog, here. In Singh v Modgill, 2022 ABQB 369, Justice Feasby denied...

By Lisa C. Munro
Musings of Metaverse Arbitration author.

Musings of Metaverse Arbitration

What is the internet’s current favorite buzzword? Metaverse. In simple terms, the metaverse is an interactive three-dimensional virtual world. The...

By Brittany Munn, Amy Schmitz
Supreme Court Limits California’s PAGA Law on Employment Claims, Preempting It in Part under the Federal Arbitration Act author.

Supreme Court Limits California’s PAGA Law on Employment Claims, Preempting It in Part under the Federal Arbitration Act

This article was first published in CPR Speaks, The Blog of the CPR Institute, here. The U.S. Supreme Court ruled...

By Arjan Bir Singh Sodhi, Russ Bleemer
Arbitration Conversation No. 78: Arbitrator Edna Sussman, of SussmanADR.com author.

Arbitration Conversation No. 78: Arbitrator Edna Sussman, of SussmanADR.com

In this episode of the Arbitration Conversation, Amy interviews Edna Sussman, who serves full-time as an arbitrator and mediator and...

By Edna Sussman, Amy Schmitz
Top Tips for Attorneys Representing Clients in Arbitrations author.

Top Tips for Attorneys Representing Clients in Arbitrations

This article was first published on the JAMS ADR Blog here. Planning and preparation are key components for any successful...

By Harold Himmelman
Unanimous SCOTUS Decides Southwest: Goes with the Flow on “Engaged” in Interstate Commerce author.

Unanimous SCOTUS Decides Southwest: Goes with the Flow on “Engaged” in Interstate Commerce

The Supreme Court has decided Southwest Airlines Co. v. Saxon, No. 21-309, ruling unanimously that the Federal Arbitration Act (“FAA”) section 1 exemption of “workers engaged...

By George Friedman
If We Can’t End Mandatory Arbitration, Let’s Improve It author.

If We Can’t End Mandatory Arbitration, Let’s Improve It

There has been a lot of recent legislative action aimed at reining in forced arbitration clauses in consumer and employee...

By Brittany Munn, Colin Rule
Arbitration Conversation No. 77: Lawyer David Tenner, a Colorado Arbitrator, and Special Master author.

Arbitration Conversation No. 77: Lawyer David Tenner, a Colorado Arbitrator, and Special Master

In this episode of the Arbitration Conversation, Amy interviews David Tenner, an arbitrator, a special master to area courts, and...

By David M. Tenner
Canada – Court Extends Arbitrator’s Immunity to Appointing Authority author.

Canada – Court Extends Arbitrator’s Immunity to Appointing Authority

This article was first published on the Arbitration Matters blog, here. In B Smart Technology inc. v. American Arbitration Association, 2022...

By Marie-Claude Martel
Unanimous SCOTUS Decides Sundance: No Prejudice Requirement to Prove Waiver of Arbitration Rights author.

Unanimous SCOTUS Decides Sundance: No Prejudice Requirement to Prove Waiver of Arbitration Rights

The Supreme Court has decided Morgan v. Sundance Inc., No. 21-328, ruling unanimously that there is no prejudice requirement under the Federal Arbitration...

By George Friedman
A New Federal Arbitration Program Stumbles Out of the Gate author.

A New Federal Arbitration Program Stumbles Out of the Gate

In 2020 Congress passed the "No Surprises Act" [i] (The "Act") to address the sometimes-abusive practice of Out-of-Network medical billing....

By David Berry
Arbitration Conversation No. 76: Prof. Steven Shapiro, American University Washington College of Law author.

Arbitration Conversation No. 76: Prof. Steven Shapiro, American University Washington College of Law

In this episode of the Arbitration Conversation, Amy interviews Prof. Steven Shapiro from the American University, Washington College of Law....

By Steven Shapiro, Amy Schmitz
Canada – Determining Appeal Rights in Arbitration Agreement in Effect since 1960 Arbitration Act author.

Canada – Determining Appeal Rights in Arbitration Agreement in Effect since 1960 Arbitration Act

This article was first published on the Arbitration Matters blog, here. In D Lands Inc. v KS Victoria and King, 2022...

By Lisa C. Munro
A Note on Badgerow v. Walters et al. (No.20-1143, March 31,2022) author.

A Note on Badgerow v. Walters et al. (No.20-1143, March 31,2022)

At her confirmation hearing Justice Kagan noted “So in that sense, we are all originalists.” (U.S. Senate Judiciary Committee Hearing,...

By Terry Moritz
Arbitration Conversation No. 75: Prof. Angie Raymond, Kelley School of Business, Indiana University author.

Arbitration Conversation No. 75: Prof. Angie Raymond, Kelley School of Business, Indiana University

In this episode of the Arbitration Conversation, Amy interviews Anjanette (Angie) Raymond, an Associate Professor in the Department of Business...

By Anganette Raymond, Amy Schmitz
Our Promised Elaboration on the FINRA DRS 1Q Stats author.

Our Promised Elaboration on the FINRA DRS 1Q Stats

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

By George Friedman
Remembering Thierry Garby author.

Remembering Thierry Garby

Thierry Garby, an ambassador of international mediation, passed away in January. ICC, and the broader dispute resolution community, were fortunate...

By Michael McIlwrath
ICSID Member States Approve Amended 2022 Arbitration Rules author.

ICSID Member States Approve Amended 2022 Arbitration Rules

On 21 March 2022, the member states of the International Centre for the Settlement of Investment Disputes (ICSID) approved wide-ranging amendments...

By Andrew Cannon, Vanessa Naish
Arbitration of PAGA Claims & Uncertainty in the Future of US Arbitration author.

Arbitration of PAGA Claims & Uncertainty in the Future of US Arbitration

The United States Supreme Court heard oral arguments in Viking River Cruises, Inc. v. Moriana, No. 20-1573, on March 30,...

By Imre Szalai
Arbitration Tips-N-Tools (TNT): Round 25 author.

Arbitration Tips-N-Tools (TNT): Round 25

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

By Oladeji Tiamiyu, Myriam Seers, Olof Heggemann, Amy Schmitz

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