Category: Labor & Employment

Supreme Court of Canada finds Uber Arbitration Clause is Unconscionable author.

Supreme Court of Canada finds Uber Arbitration Clause is Unconscionable

This article first appeared on Global Arbitration News by Baker McKenzie, here. In Uber Technologies Inc. v. Heller, 2020 SCC 16 (“Uber v....

By Christina Doria, Brittany Shales
Canada – Non-party Witnesses Applying to Arbitrator to Quash Summonses Do Not Attorn to Jurisdiction author.

Canada – Non-party Witnesses Applying to Arbitrator to Quash Summonses Do Not Attorn to Jurisdiction

Despite extensive rights of appeal provided in BP’s and D’s agreement to arbitrate, Mr. Justice William S. Chalmers in Bergmanis v....

By Daniel Urbas
GAO Report Says Arbitration Has Impacted Servicemember Rights, But to what Extent is Unclear author.

GAO Report Says Arbitration Has Impacted Servicemember Rights, But to what Extent is Unclear

This article first appeared on the Securities Arbitration Alert Blog, here. The Government Accountability Office (“GAO”) has released a Report...

By George Friedman
Virtual v. In-Person Hearings in a COVID World and Beyond author.

Virtual v. In-Person Hearings in a COVID World and Beyond

Prior to the pandemic, virtual hearings for labor-management arbitration and mediation were rarely used. Since the start of the pandemic...

By Joshua Javits
California Appellate Court Overturns Arbitration Award that Violated Plaintiff’s Statutory Right to Work author.

California Appellate Court Overturns Arbitration Award that Violated Plaintiff’s Statutory Right to Work

This article first appeared on Globar Arbitration News, Baker McKenzie, here. Brown v. TGS Management Co., 57 Cal. App. 5th...

By Jacob Kaplan, Michael Hidalgo
Canada – Arbitrator Has Jurisdiction/Obligation to Decide Recusal Even Absent Express Grant of Authority to Do So author.

Canada – Arbitrator Has Jurisdiction/Obligation to Decide Recusal Even Absent Express Grant of Authority to Do So

This article first appeared on Urbas Arbitral, here. In Syndicat des employés du CISSSMO, section locale 3247 v. Murray, 2021 QCCS...

By Daniel Urbas
FAIR Act Published. It’s Pretty Much the Same as the Last Iteration author.

FAIR Act Published. It’s Pretty Much the Same as the Last Iteration

This article first appeared on the Securities Arbitration Alert (SAA) Blog, here. The recently-introduced Forced Arbitration Injustice Repeal (FAIR) Act has been...

By George Friedman
Arbitration Conversation No. 51: Tanya Venter, Director of Tokiso Dispute Resolution in South Africa author.

Arbitration Conversation No. 51: Tanya Venter, Director of Tokiso Dispute Resolution in South Africa

In this episode of the Arbitration Conversation, Amy interviews Tanya Venter advocate of the High Court and a member of...

By Tanya Venter, Amy Schmitz
Five Lessons Learned From My First Virtual Arbitration—Including Be Sure to Wear Sunscreen author.

Five Lessons Learned From My First Virtual Arbitration—Including Be Sure to Wear Sunscreen

This article first eppared on the JAMS ADR Blog, here. I just finished my first virtual arbitration, which involved a...

By Adrienne Publicover
A Look At AAA’s Special Pro Se Case Administration Unit author.

A Look At AAA’s Special Pro Se Case Administration Unit

This article first appeared on the Securities Arbitration Alert (SAA) Blog, here. The American Arbitration Association (“AAA” or “Association”) in...

By George Friedman
The Psychology and Neuroscience Applied to Arbitration – The Next Top Model author.

The Psychology and Neuroscience Applied to Arbitration – The Next Top Model

Social Psychology studies how people think, feel, and behave (Robbennlot, Jennifer K and Sternlight, Jean R. Psychology for Lawyers, Understanding...

By Rosa María Abdelnour Granados
AAA Stats, 4th Qtr. 2020: Consumer & Employment Case Information Updates author.

AAA Stats, 4th Qtr. 2020: Consumer & Employment Case Information Updates

This article first appeared on the Securities Arbitration Alert Blog, here. AAA Award Data is updated quarterly by the American...

By George Friedman
They’re Baaaack! Democrats Reintroduce Anti-PDAA Bills author.

They’re Baaaack! Democrats Reintroduce Anti-PDAA Bills

This aritcle first appeared on the Securities Arbitration Alert (SAA) Blog, here. As we confidently predicted, the Democrats have reintroduced...

By George Friedman
Sixth Circuit Reverses Order Finding Employment Arbitration Agreement Void Due to Coercion author.

Sixth Circuit Reverses Order Finding Employment Arbitration Agreement Void Due to Coercion

This article first appeared on the Carlton Fields webpage, here. An employee sued her former employer and coworkers in the...

By Benjamin Stearns
Arbitration Conversation No. 46: Arbitrator, Mediator, and Trainer DeAndra Roaché of Cynergis ADR author.

Arbitration Conversation No. 46: Arbitrator, Mediator, and Trainer DeAndra Roaché of Cynergis ADR

In this episode of the Arbitration Conversation Amy interviews DeAndra Roaché, an experienced arbitrator, mediator, and trainer, as well as...

By DeAndra Roaché, Amy Schmitz
Arbitration Tips-N-Tools (TNT): Round 6 author.

Arbitration Tips-N-Tools (TNT): Round 6

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

By Julie Hopkins, Amy Schmitz, Rachel Goedken, Linda Michler
Delaying Enforcement of Arbitration Agreements May Lead to Undesirable Consequences author.

Delaying Enforcement of Arbitration Agreements May Lead to Undesirable Consequences

This article first appeared on the Labor & Employment Law Blog, here. In Garcia v. Haralambos Beverage Co., the California Court...

By Lowell Ritter, Lucky Meinz
The Elections are (Finally!) Over: What’s in Store for the Arbitration and the Financial Services Worlds author.

The Elections are (Finally!) Over: What’s in Store for the Arbitration and the Financial Services Worlds

This article first appeared on the Securities Arbitration Alert (SAA) blog, here. At long last the 2020 elections are behind...

By George Friedman
Arbitration Conversation No. 45: Prof. Stephen Ware, Kansas University School of Law author.

Arbitration Conversation No. 45: Prof. Stephen Ware, Kansas University School of Law

In this episode of the Arbitration Conversation Amy interviews Stephen J. Ware, the Frank Edwards Tyler Distinguished Professor of Law...

By Stephen Ware, Amy Schmitz
The Year Ahead: Developments in Global Litigation and Arbitration in 2021 author.

The Year Ahead: Developments in Global Litigation and Arbitration in 2021

This article first appeared on Global Arbitration News by Baker McKenzie, here. The Year Ahead – our publication looking at key...

By Claudia Benavides Galvis, Benjamin Roe
Arbitration Tips-N-Tools (TNT): Round 5 author.

Arbitration Tips-N-Tools (TNT): Round 5

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

By DeAndra Roaché, Theo Cheng, Daniel Urbas, George Friedman, Amy Schmitz
Arbitration Tips-N-Tools (TNT): Round 4 author.

Arbitration Tips-N-Tools (TNT): Round 4

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

By Stacie Strong, Theo Cheng, Daniel Urbas, George Friedman, DeAndra Roaché, Amy Schmitz
2020 Canadian Arbitration Year in Review author.

2020 Canadian Arbitration Year in Review

From January to December 2020, Daniel Urbas shared one hundred and fifty-five (155) notes on recent Canadian court decisions, highlighting...

By Daniel Urbas
Whatever Happened to Monster Energy on Remand to JAMS? author.

Whatever Happened to Monster Energy on Remand to JAMS?

This article first appeared in the Securities Arbitration Alert (SAA) Blog, here. A party is challenging JAMS’ neutrality as an...

By George Friedman
Arbitration Conversation No. 3: Amy interviews Prof. Bob Bailey of Mizzou Law author.

Arbitration Conversation No. 3: Amy interviews Prof. Bob Bailey of Mizzou Law

In this episode of Arbitration Conversation Amy Schmitz interviews Prof. Bob Bailey of Mizzou Law on the new unanimous Supreme...

By Robert Bailey, Amy Schmitz

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