Category: Labor & Employment

Arbitration Tips-N-Tools (TNT): Round 14 author.

Arbitration Tips-N-Tools (TNT): Round 14

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

By Deborah Hylton, Marsha Ternus, Michael Pitton, Amy Schmitz
Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers author.

Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers

This article first appeared on LexBlog.com, here. Seyfarth Synopsis: Though it may sound esoteric, the question of whether “last mile” drivers...

By Lennon B. Haas, Kyle Petersen, Kevin M. Young
Back-to-the-Office: The Key ADR Institutions Update Us on their Plans author.

Back-to-the-Office: The Key ADR Institutions Update Us on their Plans

This article first appeared on the Securities Arbitration Alert, here. As more and more financial services firms announce their plans...

By George Friedman
Arbitration Tips-N-Tools (TNT): Round 13 author.

Arbitration Tips-N-Tools (TNT): Round 13

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

By Michael Pitton, Deborah Hylton, Marsha Ternus, Amy Schmitz
U.S. Supreme Court Declines to Review Whether the Federal Arbitration Act Forecloses Public-Policy Challenges to Arbitration Awards author.

U.S. Supreme Court Declines to Review Whether the Federal Arbitration Act Forecloses Public-Policy Challenges to Arbitration Awards

This article first appeared in Global Dispute Resolution Insights, here. For the second time in four years, the U.S. Supreme...

By Sarah Biser
Arbitration Tips-N-Tools (TNT): Round 12 author.

Arbitration Tips-N-Tools (TNT): Round 12

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

By Marsha Ternus, Deborah Hylton, Michael Pitton, Amy Schmitz
Are We Seeing the Start of a Tectonic Shift on Mandatory PDAAs in the Financial Services Field? author.

Are We Seeing the Start of a Tectonic Shift on Mandatory PDAAs in the Financial Services Field?

This article first appeared on Securities Arbitration Alert (SAA), here. This is less a letter from the editor and more...

By George Friedman
Remedying a Slip in an Award author.

Remedying a Slip in an Award

This blog was originally published on the Practical Law Arbitration blog on 18 May 2021. Practical Law is part of Thomson Reuters A new...

By Michael Lampert
AAA Stats, 1st Qtr. 2021: Consumer & Employment Case Information Updates author.

AAA Stats, 1st Qtr. 2021: Consumer & Employment Case Information Updates

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

By George Friedman
The Tide Rises: Will Biden’s Blue Wave Wash Away Mandatory Arbitration? author.

The Tide Rises: Will Biden’s Blue Wave Wash Away Mandatory Arbitration?

This article first appeared on the Financial Institutions Law Alert, here. Congressional rumblings about outlawing mandatory arbitration clauses are relatively...

By Joseph Calabrese
Arbitration Conversation No. 58: Prof. Rachel J. Goedken, Director, Werner Institute, Creighton Law author.

Arbitration Conversation No. 58: Prof. Rachel J. Goedken, Director, Werner Institute, Creighton Law

In this episode of the Arbitration Conversation Amy interviews Professor Rachel J. Goedken, Director of the Werner Institute at Creighton...

By Rachel Goedken, Amy Schmitz
Appeals Court Affirms Employer’s Ability to Compel Arbitration in Massachusetts author.

Appeals Court Affirms Employer’s Ability to Compel Arbitration in Massachusetts

This article first appeared on Ogletree Deakins insights, here. Mandatory arbitration clauses for employment disputes have received a great deal...

By Rachel Mandel, Laurielle Howe
Reminder Of American Exceptionalism In Consumer Arbitration author.

Reminder Of American Exceptionalism In Consumer Arbitration

“American exceptionalism” has been used to reference the United States’ outlier policies in various contexts, including its love for litigation. ...

By Amy Schmitz
Arbitration Conversation No. 57: Independent Arbitrator Julie G. Hopkins from Calgary, Canada author.

Arbitration Conversation No. 57: Independent Arbitrator Julie G. Hopkins from Calgary, Canada

In this episode of the Arbitration Conversation Amy interviews Independent Arbitrator Julie G. Hopkins from Calgary, Canada. Julie has decided...

By Julie Hopkins, Amy Schmitz
Can You Waive Appellate Review of an Arbitration Award? The Fourth Circuit Says Yes author.

Can You Waive Appellate Review of an Arbitration Award? The Fourth Circuit Says Yes

Many arbitration agreements address the finality of any resulting award, with differing and sometimes vague language. A number of readers...

By John Lewis
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

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