Category: Labor & Employment

Pioneering a Transformative Approach to Dispute Resolution at the American Arbitration Association author.

Pioneering a Transformative Approach to Dispute Resolution at the American Arbitration Association

At the heart of the American Arbitration Association (AAA®) lies a vibrant culture of innovation and a forward-looking approach to...

By Kendal Enz
Arbitration Conversation No. 100: Congressman Robert C. “Bobby” Scott of Virginia author.

Arbitration Conversation No. 100: Congressman Robert C. “Bobby” Scott of Virginia

In this episode of the Arbitration Conversation Amy interviews Congressman Robert C. "Bobby" Scott, who has represented Virginia’s third congressional...

By Robert Scott, Amy Schmitz
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
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
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
Arbitration Conversation No. 99: Chris Poole, CEO of JAMS author.

Arbitration Conversation No. 99: Chris Poole, CEO of JAMS

In this episode of the Arbitration Conversation, Amy interviews Chris Poole Chief Executive Officer of JAMS, the largest provider of...

By Chris Poole, Amy Schmitz
Tenth Circuit: Effective Vindication Exception Invalidates Arbitration Agreement. ERISA Action Advances in Court author.

Tenth Circuit: Effective Vindication Exception Invalidates Arbitration Agreement. ERISA Action Advances in Court

This article was first published on the Securities Arbitration Alert blog, here. A U.S. Court of Appeals holds that the...

By Harry Jacobowitz
Canada– Class Actions: Rules for Referral to Arbitration Should be Followed  author.

Canada– Class Actions: Rules for Referral to Arbitration Should be Followed 

This article was first published in the Arbitration Matters Blog, here. In Vidéotron c. 9238-0831 Québec inc. (Caféier-Boustifo), 2023 QCCA 110,...

By Marie-Claude Martel
Arbitration Conversation No. 97: Lela Love, Director, Kukin Program for Conflict Res’n, Cardozo Law author.

Arbitration Conversation No. 97: Lela Love, Director, Kukin Program for Conflict Res’n, Cardozo Law

In this episode of the Arbitration Conversation, Amy interviews Lela Porter Love, a professor of law and director of the...

By Lela Love, Amy Schmitz
Split Ninth Circuit Holds California’s AB-51 is Preempted by the FAA author.

Split Ninth Circuit Holds California’s AB-51 is Preempted by the FAA

This article was first published on the Securities Arbitration Alert blog, here. A divided Ninth Circuit Panel holds that California’s...

By George Friedman
EFASASHA Didn’t Invalidate Employment PDAA, But Unconscionability Did author.

EFASASHA Didn’t Invalidate Employment PDAA, But Unconscionability Did

This article was first published on the Securities Arbitration Alert blog, here. Because the employee’s sexual harassment lawsuit predated the...

By George Friedman
Canada – Arbitral Award Enforced despite Russian Sanctions author.

Canada – Arbitral Award Enforced despite Russian Sanctions

This article was first published in the Arbitration Matters Blog, here. In Angophora Holdings Limited v. Ovsyankin, 2022 ABKB 711, Justice Romaine...

By Myriam Seers
Canada – Foreign Award Enforcement Upheld on Appeal Despite Previous Attornment to Court author.

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
Canada – Action Brought to Require Payment Ordered in Award author.

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.

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
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
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 – Parallel Proceedings Insufficient to Justify Disregard of Arbitration Agreement author.

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.

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
Canada – Why Arbitration Needs the Courts – And Vice Versa author.

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
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
Canada – Arbitration Clause Not Consideration; Provides Only Detriment to Contracting Party author.

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.

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
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
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

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