Category: Government

2023: The Year of OArb author.

2023: The Year of OArb

A common question asked after our presentations on online dispute resolution (ODR) is: “when can we expect the arrival of...

By Amy Schmitz, Colin Rule
SCOTUS Again Declines to Review Case Involving FINRA Award author.

SCOTUS Again Declines to Review Case Involving FINRA Award

This article was first published on the Securities Arbitration Alert blog, here. For the second time in a few months,...

By George Friedman
Arbitration Conversation No. 92: Arbitrator Lisa Munro, Partner at Lerners LLP author.

Arbitration Conversation No. 92: Arbitrator Lisa Munro, Partner at Lerners LLP

In this episode of the Arbitration Conversation, Amy interviews Arbitrator Lisa Munro, a partner at Lerners LLP. Lisa brings to...

By Lisa C. Munro, Amy Schmitz
SCOTUS to Take Up FAA Section 16 Question author.

SCOTUS to Take Up FAA Section 16 Question

This article was first published on the Securities Arbitration Alert blog, here. Reversing a recent trend, the Supreme Court has...

By George Friedman
Judge’s Interpretation of an Ambiguous Arbitration Agreement Survives, Despite Post-Decision Recusal for Conflict of Interest author.

Judge’s Interpretation of an Ambiguous Arbitration Agreement Survives, Despite Post-Decision Recusal for Conflict of Interest

This article was first published on the Securities Arbitration Alert blog, here. A U.S. District Court judge, after issuing an...

By Harry Jacobowitz
Alleging Arbitrator Bias, Oppenheimer Moves to Vacate FINRA Panel’s $36+ Million Award author.

Alleging Arbitrator Bias, Oppenheimer Moves to Vacate FINRA Panel’s $36+ Million Award

This article was first published on the Securities Arbitration Alert blog, here. Oppenheimer has moved to vacate a massive Award...

By George Friedman
Arbitration of Investor Claims in An Industry-Sponsored Forum – A Look Back at 20 Years of Lessons author.

Arbitration of Investor Claims in An Industry-Sponsored Forum – A Look Back at 20 Years of Lessons

This article was first published on the Securities Arbitration Alert blog, here. Introduction Industry-sponsored arbitration has long been the only...

By Courtney M. Werning, David Neuman, Jorge L. Riera, Michael S. Edmiston
SCOTUS Declines to Review Case Involving FINRA Award author.

SCOTUS Declines to Review Case Involving FINRA Award

This article was first published on the Securities Arbitration Alert blog. here. The Supreme Court on October 31 denied Certiorari in Caputo v....

By George Friedman
An Emerging Trend to Replace Direct Testimony with Written Narrative Witness Statements in Commercial Arbitration author.

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
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.

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
Resolving Investor-State Disputes following Russia’s War in Ukraine: Investment Arbitration Will Lead the Way author.

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
First Monday in October: Some Arbitration-Centric Cases Worth Following author.

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.

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
Metaverse and Digital Identity author.

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.

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.

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.

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
Looking Back at the First 18 Months of Arbitrate.com author.

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.

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.

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

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.

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.

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
Arbitrators: Be Cautious When Sanctioning Attorneys author.

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.

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
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.

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.

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 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
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
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

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