Category: Latest Article

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
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
Unanimous SCOTUS Decides Southwest: Goes with the Flow on “Engaged” in Interstate Commerce author.

Unanimous SCOTUS Decides Southwest: Goes with the Flow on “Engaged” in Interstate Commerce

The Supreme Court has decided Southwest Airlines Co. v. Saxon, No. 21-309, ruling unanimously that the Federal Arbitration Act (“FAA”) section 1 exemption of “workers engaged...

By George Friedman
If We Can’t End Mandatory Arbitration, Let’s Improve It author.

If We Can’t End Mandatory Arbitration, Let’s Improve It

There has been a lot of recent legislative action aimed at reining in forced arbitration clauses in consumer and employee...

By Brittany Munn, Colin Rule
Arbitration Conversation No. 77: Lawyer David Tenner, a Colorado Arbitrator, and Special Master author.

Arbitration Conversation No. 77: Lawyer David Tenner, a Colorado Arbitrator, and Special Master

In this episode of the Arbitration Conversation, Amy interviews David Tenner, an arbitrator, a special master to area courts, and...

By David M. Tenner
Canada – Court Extends Arbitrator’s Immunity to Appointing Authority author.

Canada – Court Extends Arbitrator’s Immunity to Appointing Authority

This article was first published on the Arbitration Matters blog, here. In B Smart Technology inc. v. American Arbitration Association, 2022...

By Marie-Claude Martel
Unanimous SCOTUS Decides Sundance: No Prejudice Requirement to Prove Waiver of Arbitration Rights author.

Unanimous SCOTUS Decides Sundance: No Prejudice Requirement to Prove Waiver of Arbitration Rights

The Supreme Court has decided Morgan v. Sundance Inc., No. 21-328, ruling unanimously that there is no prejudice requirement under the Federal Arbitration...

By George Friedman
A New Federal Arbitration Program Stumbles Out of the Gate author.

A New Federal Arbitration Program Stumbles Out of the Gate

In 2020 Congress passed the "No Surprises Act" [i] (The "Act") to address the sometimes-abusive practice of Out-of-Network medical billing....

By David Berry
Arbitration Conversation No. 76: Prof. Steven Shapiro, American University Washington College of Law author.

Arbitration Conversation No. 76: Prof. Steven Shapiro, American University Washington College of Law

In this episode of the Arbitration Conversation, Amy interviews Prof. Steven Shapiro from the American University, Washington College of Law....

By Steven Shapiro, Amy Schmitz
Canada – Determining Appeal Rights in Arbitration Agreement in Effect since 1960 Arbitration Act author.

Canada – Determining Appeal Rights in Arbitration Agreement in Effect since 1960 Arbitration Act

This article was first published on the Arbitration Matters blog, here. In D Lands Inc. v KS Victoria and King, 2022...

By Lisa C. Munro
A Note on Badgerow v. Walters et al. (No.20-1143, March 31,2022) author.

A Note on Badgerow v. Walters et al. (No.20-1143, March 31,2022)

At her confirmation hearing Justice Kagan noted “So in that sense, we are all originalists.” (U.S. Senate Judiciary Committee Hearing,...

By Terry Moritz
Arbitration Conversation No. 75: Prof. Angie Raymond, Kelley School of Business, Indiana University author.

Arbitration Conversation No. 75: Prof. Angie Raymond, Kelley School of Business, Indiana University

In this episode of the Arbitration Conversation, Amy interviews Anjanette (Angie) Raymond, an Associate Professor in the Department of Business...

By Anganette Raymond, Amy Schmitz
Our Promised Elaboration on the FINRA DRS 1Q Stats author.

Our Promised Elaboration on the FINRA DRS 1Q Stats

This article first appeared on the Securities Arbitration Alert Blog, here. FINRA Dispute Resolution Services (“DRS”) posted case statistics through March, with...

By George Friedman
Remembering Thierry Garby author.

Remembering Thierry Garby

Thierry Garby, an ambassador of international mediation, passed away in January. ICC, and the broader dispute resolution community, were fortunate...

By Michael McIlwrath
ICSID Member States Approve Amended 2022 Arbitration Rules author.

ICSID Member States Approve Amended 2022 Arbitration Rules

On 21 March 2022, the member states of the International Centre for the Settlement of Investment Disputes (ICSID) approved wide-ranging amendments...

By Andrew Cannon, Vanessa Naish
Arbitration of PAGA Claims & Uncertainty in the Future of US Arbitration author.

Arbitration of PAGA Claims & Uncertainty in the Future of US Arbitration

The United States Supreme Court heard oral arguments in Viking River Cruises, Inc. v. Moriana, No. 20-1573, on March 30,...

By Imre Szalai
Arbitration Tips-N-Tools (TNT): Round 25 author.

Arbitration Tips-N-Tools (TNT): Round 25

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

By Oladeji Tiamiyu, Myriam Seers, Olof Heggemann, Amy Schmitz
Canada – Continuing Confusion Over Nature of Court Review of Arbitration author.

Canada – Continuing Confusion Over Nature of Court Review of Arbitration

This article was first published on the Arbitration Matters blog, here. In PCL Constructors Canada Inc. v Johnson Controls, 2022 ONSC...

By Lisa C. Munro
Arbitration Conversation No. 74: Peter Merrill, CEO of Construction Dispute Resolution Services author.

Arbitration Conversation No. 74: Peter Merrill, CEO of Construction Dispute Resolution Services

In this episode of the Arbitration Conversation, Amy interviews Peter Merrill, President, and CEO of Construction Dispute Resolution Services, a...

By Peter Merrill, Amy Schmitz
Badgerow v. Walters – Answering Vaden’s Questions and Limiting Its Application author.

Badgerow v. Walters – Answering Vaden’s Questions and Limiting Its Application

Introduction             The Supreme Court’s decision in Vaden v. Discover Bank, 556 U.S. 49 (2009), held that district courts can...

By Kristen Blankley
Resolving Sexual Misconduct Cases in the Workplace: Where Do We Go Now? author.

Resolving Sexual Misconduct Cases in the Workplace: Where Do We Go Now?

Just a few weeks ago, on March 3, 2022, President Joe Biden signed into law a bill that amends the...

By Brittany Munn, Colin Rule
This Just In: SCOTUS Decides Badgerow author.

This Just In: SCOTUS Decides Badgerow

 Just as we went to press came word that, based on statutory construction, the Supreme Court has decided Badgerow v. Walters,...

By George Friedman
Arbitration Tips-N-Tools (TNT): Round 24 author.

Arbitration Tips-N-Tools (TNT): Round 24

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

By Olof Heggemann, Oladeji Tiamiyu, Myriam Seers, Amy Schmitz
Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy author.

Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy

This article was first published on the Littler® Insight Blog (Link here) and is reprinted here with permission. In Unifor Local...

By Rhonda B. Levy, Barry Kuretzky
The New Micula Judgment and the Overreach of the ECJ author.

The New Micula Judgment and the Overreach of the ECJ

This article was first published in the Thomson Reuters Blog, here. On 25 January 2022, the Court of Justice of...

By Nikos Lavranos
SCOTUS Hears Oral Arguments in Morgan and ZF Auto. Two More to Go author.

SCOTUS Hears Oral Arguments in Morgan and ZF Auto. Two More to Go

The Supreme Court heard oral arguments this week in two of four cases involving arbitration it will review within a...

By George Friedman
Arbitration Conversation No. 73: Rana Sajjad Ahmad, Founder of CIICA Arbitration Center, Pakistan author.

Arbitration Conversation No. 73: Rana Sajjad Ahmad, Founder of CIICA Arbitration Center, Pakistan

In this episode of the Arbitration Conversation, Amy interviews Rana Sajjad Ahmad, Founder and President of the Center for International...

By Rana Sajjad Ahmad, Amy Schmitz
Canada – Standard of Review: Set Aside for Applicant’s “Inability to Present his Case” author.

Canada – Standard of Review: Set Aside for Applicant’s “Inability to Present his Case”

This article was first published on the Arbitration Matters blog, here. In Nelson v The Government of the United Mexican States,...

By Lisa C. Munro
Arbitration Tips-N-Tools (TNT): Round 23 author.

Arbitration Tips-N-Tools (TNT): Round 23

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

By Myriam Seers, Olof Heggemann, Oladeji Tiamiyu, Amy Schmitz
Reminder: SCOTUS Hears Two of “Arbitration Final Four” Oral Arguments Next Week author.

Reminder: SCOTUS Hears Two of “Arbitration Final Four” Oral Arguments Next Week

Just a reminder that SCOTUS will be hearing oral arguments next week on two cases involving arbitration. We reported in...

By George Friedman

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