Category: Labor & Employment

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
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
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
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
Arbitration Conversation No. 68: Prof. Imre Szalai of Loyola University New Orleans author.

Arbitration Conversation No. 68: Prof. Imre Szalai of Loyola University New Orleans

In this episode of the Arbitration Conversation, Amy interviews Prof. Imre Szalai of Loyola University New Orleans, a nationally-known scholar...

By Imre Szalai, Amy Schmitz
After a Lull in 2021, a Busy Year Ahead Arbitration-wise for SCOTUS author.

After a Lull in 2021, a Busy Year Ahead Arbitration-wise for SCOTUS

This article first appeared on Securities Arbitration Alert, here. We entered 2021 with SCOTUS poised to again rule on delegation...

By George Friedman
In Case You Missed Them, Here Are the Top 10 Highlights of Arbitration in 2021 author.

In Case You Missed Them, Here Are the Top 10 Highlights of Arbitration in 2021

In case you missed them, here are the Top 10 Highlights of Arbitration in 2021 to look back on as...

By Amy Schmitz
And Then There Were Four: SCOTUS Takes on Fourth Arbitration-Related Case in a Month author.

And Then There Were Four: SCOTUS Takes on Fourth Arbitration-Related Case in a Month

This article was first published on the Securities Arbitrate Alert, here. In about a month, the Supreme Court has gone...

By George Friedman
Arbitration Tips-N-Tools (TNT): Round 20 author.

Arbitration Tips-N-Tools (TNT): Round 20

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

By Imre Szalai, Steven Shapiro, Erin Archerd, Amy Schmitz
The Future of the Transportation Worker Exemption to Mandatory Arbitration – Clarity for the Gig Economy? author.

The Future of the Transportation Worker Exemption to Mandatory Arbitration – Clarity for the Gig Economy?

In 1925, the Federal Arbitration Act (“FAA”) was enacted to ensure the validity and enforcement of arbitration agreements due to...

By Brittany Munn
Tales from the Arbitration Crypt author.

Tales from the Arbitration Crypt

This article first appeared on the Securities Arbitration Alert Blog, here. With Halloween behind us, I thought it might be...

By George Friedman
Arbitration Tips-N-Tools (TNT): Round 19 author.

Arbitration Tips-N-Tools (TNT): Round 19

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

By Steven Shapiro, Imre Szalai, Erin Archerd, Amy Schmitz
Invoking a Policy’s Arbitral Provisions that Fall Under the New York or Panama Convention when a Third Party Sues the Insurer author.

Invoking a Policy’s Arbitral Provisions that Fall Under the New York or Panama Convention when a Third Party Sues the Insurer

This article was originally published in the ARIAS·U.S. Quarterly, Q3, 2021 and is republished here with permission. A.        Overview The...

By Edward Lenci
Divided Ninth Circuit Ruling on California AB-51 FAA Preemption is also a Split Decision: Statute is Preempted in Part author.

Divided Ninth Circuit Ruling on California AB-51 FAA Preemption is also a Split Decision: Statute is Preempted in Part

This article first appeared on the Securities Arbitration Alert, here. A split Ninth Circuit has finally ruled on the validity...

By George Friedman
Arbitration Tips-N-Tools (TNT): Round 18 author.

Arbitration Tips-N-Tools (TNT): Round 18

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

By Erin Archerd, Steven Shapiro, Imre Szalai, Amy Schmitz
In the Crosshairs: U.S. Congress Again Takes Aim at Arbitration Agreements in Employment Context author.

In the Crosshairs: U.S. Congress Again Takes Aim at Arbitration Agreements in Employment Context

In the U.S. Congress’ latest proposal to strike against arbitration, Judiciary Committee Chairman Jerrold Nadler and Labor Committee Chairman Robert...

By John Schaffer, Marla Presley
Diversity Checklist For International Arbitration (Part Three) author.

Diversity Checklist For International Arbitration (Part Three)

This article was first published on the Thomson Reuters Practical Law Arbitration Blog, here. This three-part blog provides a diversity...

By Hanna Roos
Arbitration Tips-N-Tools (TNT): Round 17 author.

Arbitration Tips-N-Tools (TNT): Round 17

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

By Imre Szalai, Steven Shapiro, Erin Archerd, Amy Schmitz
AAA Promulgates New Supplementary Procedures for Multiple Case Filings author.

AAA Promulgates New Supplementary Procedures for Multiple Case Filings

This article first appeared on Securities Arbitration Alert, here. In what we are certain is a reaction to a flurry...

By George Friedman
While the Ninth Circuit Added Clarity in Its Recent Uber Opinion, Legislative Challenges to Mandatory Arbitration May Be Ahead author.

While the Ninth Circuit Added Clarity in Its Recent Uber Opinion, Legislative Challenges to Mandatory Arbitration May Be Ahead

This article first appeared on the Employment Class Action Blog, here. A U.S. Court of Appeals for the Ninth Circuit...

By John Lewis
Diversity Checklist For International Arbitration (Part Two) author.

Diversity Checklist For International Arbitration (Part Two)

This article was first published on the Thomson Reuters Practical Law Arbitration Blog, here. This three-part blog provides a diversity...

By Hanna Roos
SCOTUS Won’t Reconsider Denied Cert. Petition on FAA Applicability to Amazon Drivers author.

SCOTUS Won’t Reconsider Denied Cert. Petition on FAA Applicability to Amazon Drivers

This article first appeared on Securities Arbitration Alert, here. SCOTUS again has eschewed an opportunity to clear up the split...

By George Friedman
Arbitration Tips-N-Tools (TNT): Round 16 author.

Arbitration Tips-N-Tools (TNT): Round 16

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

By Steven Shapiro, Imre Szalai, Erin Archerd, Amy Schmitz
Has the 11th Circuit Clarified the Transportation Worker Exemption of the FAA or Just Created a Circuit Split? author.

Has the 11th Circuit Clarified the Transportation Worker Exemption of the FAA or Just Created a Circuit Split?

This article was first published on the Employment Class Action Blog here. In a published June 22 opinion, the Eleventh...

By John Lewis
Arbitration Tips-N-Tools (TNT): Round 15 author.

Arbitration Tips-N-Tools (TNT): Round 15

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

By Marsha Ternus, Deborah Hylton, Michael Pitton, Amy Schmitz
Canada – Party Not Abandoning Position Made in Written Argument, Despite Counsel’s Failure to Object to Arbitrator’s Contrary Understanding author.

Canada – Party Not Abandoning Position Made in Written Argument, Despite Counsel’s Failure to Object to Arbitrator’s Contrary Understanding

This article was originally published on Arbitration Matters, here. In Eisler v. Connor Clark & Lunn Financial Group Ltd., 2021 BCSC...

By Lisa C. Munro
The 2021 ICDR Arbitration Rules: A Welcome Update for International Construction Arbitration author.

The 2021 ICDR Arbitration Rules: A Welcome Update for International Construction Arbitration

This article was originally published on International Bar Association and on the Troutman Pepper Blog, here. It is republished here with...

By Albert Bates Jr., R. Zachary Torres-Fowler, Hailey Barnett
E-Signing Arbitration Agreements in a Remote World author.

E-Signing Arbitration Agreements in a Remote World

This article first appeared on the Davis Wright Tremaine LLP blog, here. A recent California Court of Appeal decision (Bannister...

By Crystal Miller-O'Brien, Beatrice Nuñez-Bellamy

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