Category: Commercial

Canada – Continuing Confusion Over Nature of Court Review of Arbitration author.

Canada – Continuing Confusion Over Nature of Court Review of Arbitration

This article was first published on the Arbitration Matters blog, here. In PCL Constructors Canada Inc. v Johnson Controls, 2022 ONSC...

By Lisa C. Munro
Arbitration Conversation No. 74: Peter Merrill, CEO of Construction Dispute Resolution Services author.

Arbitration Conversation No. 74: Peter Merrill, CEO of Construction Dispute Resolution Services

In this episode of the Arbitration Conversation, Amy interviews Peter Merrill, President, and CEO of Construction Dispute Resolution Services, a...

By Peter Merrill, Amy Schmitz
Badgerow v. Walters – Answering Vaden’s Questions and Limiting Its Application author.

Badgerow v. Walters – Answering Vaden’s Questions and Limiting Its Application

Introduction             The Supreme Court’s decision in Vaden v. Discover Bank, 556 U.S. 49 (2009), held that district courts can...

By Kristen Blankley
Resolving Sexual Misconduct Cases in the Workplace: Where Do We Go Now? author.

Resolving Sexual Misconduct Cases in the Workplace: Where Do We Go Now?

Just a few weeks ago, on March 3, 2022, President Joe Biden signed into law a bill that amends the...

By Brittany Munn, Colin Rule
This Just In: SCOTUS Decides Badgerow author.

This Just In: SCOTUS Decides Badgerow

 Just as we went to press came word that, based on statutory construction, the Supreme Court has decided Badgerow v. Walters,...

By George Friedman
Arbitration Tips-N-Tools (TNT): Round 24 author.

Arbitration Tips-N-Tools (TNT): Round 24

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

By Olof Heggemann, Oladeji Tiamiyu, Myriam Seers, Amy Schmitz
Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy author.

Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy

This article was first published on the Littler® Insight Blog (Link here) and is reprinted here with permission. In Unifor Local...

By Rhonda B. Levy, Barry Kuretzky
The New Micula Judgment and the Overreach of the ECJ author.

The New Micula Judgment and the Overreach of the ECJ

This article was first published in the Thomson Reuters Blog, here. On 25 January 2022, the Court of Justice of...

By Nikos Lavranos
SCOTUS Hears Oral Arguments in Morgan and ZF Auto. Two More to Go author.

SCOTUS Hears Oral Arguments in Morgan and ZF Auto. Two More to Go

The Supreme Court heard oral arguments this week in two of four cases involving arbitration it will review within a...

By George Friedman
Arbitration Conversation No. 73: Rana Sajjad Ahmad, Founder of CIICA Arbitration Center, Pakistan author.

Arbitration Conversation No. 73: Rana Sajjad Ahmad, Founder of CIICA Arbitration Center, Pakistan

In this episode of the Arbitration Conversation, Amy interviews Rana Sajjad Ahmad, Founder and President of the Center for International...

By Rana Sajjad Ahmad, Amy Schmitz
Canada – Standard of Review: Set Aside for Applicant’s “Inability to Present his Case” author.

Canada – Standard of Review: Set Aside for Applicant’s “Inability to Present his Case”

This article was first published on the Arbitration Matters blog, here. In Nelson v The Government of the United Mexican States,...

By Lisa C. Munro
Arbitration Tips-N-Tools (TNT): Round 23 author.

Arbitration Tips-N-Tools (TNT): Round 23

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

By Myriam Seers, Olof Heggemann, Oladeji Tiamiyu, Amy Schmitz
Reminder: SCOTUS Hears Two of “Arbitration Final Four” Oral Arguments Next Week author.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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