Category: Most Popular Articles

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 – Court of Appeal Upholds “Single Proceeding” Insolvency Model Over Recourse to Arbitration author.

Canada – Court of Appeal Upholds “Single Proceeding” Insolvency Model Over Recourse to Arbitration

This article was first published on the Arbitration Matters blog, here. In Mundo Media Ltd. (Re), 2022 ONCA 607, Court of...

By James Plotkin
Arbitration Conversation No. 84: Hiro Aragaki, Professor of Law and Director of the Center for Negotiation and Dispute Resolution, UC Hastings Law. author.

Arbitration Conversation No. 84: Hiro Aragaki, Professor of Law and Director of the Center for Negotiation and Dispute Resolution, UC Hastings Law.

In this episode of the Arbitration Conversation, Amy interviews Prof. Hiro Aragaki, Professor of Law and Director of the Center...

By Hiro Aragaki, Amy Schmitz
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
Arbitration Conversation No. 83: Gary Born, Chair, International Arbitration Practice Group, Wilmer Hale author.

Arbitration Conversation No. 83: Gary Born, Chair, International Arbitration Practice Group, Wilmer Hale

In this episode of the Arbitration Conversation, Amy interviews Gary Born, Chair of the International Arbitration Practice Group at Wilmer...

By Gary Born, Amy Schmitz
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
Arbitration Conversation No. 82: Prof. Ronald Brand, University of Pittsburgh School of Law author.

Arbitration Conversation No. 82: Prof. Ronald Brand, University of Pittsburgh School of Law

In this episode of the Arbitration Conversation, Amy interviews Ronald Brand, the Chancellor Mark A. Nordenberg University Professor, and John...

By Ronald Brand, Amy Schmitz
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
The Arbitration Conversation No.81: Erin Archerd, Assoc Prof of Law, Univ of Detroit Mercy School of Law author.

The Arbitration Conversation No.81: Erin Archerd, Assoc Prof of Law, Univ of Detroit Mercy School of Law

In this episode of the Arbitration Conversation, Amy interviews Erin Archerd, Associate Professor of Law at the University of Detroit...

By Erin Archerd, Amy Schmitz
Canada – Court Partially Stays Class Action Related to Videogame “Loot Boxes” author.

Canada – Court Partially Stays Class Action Related to Videogame “Loot Boxes”

This article was first published on the Arbitration Matters blog, here. In Petty v Niantic Inc., 2022 BCSC 1077, Justice Mayer...

By James Plotkin
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
Canada – Motion to “Compel” Participation in Arbitration Dismissed, Despite Arbitration Clause author.

Canada – Motion to “Compel” Participation in Arbitration Dismissed, Despite Arbitration Clause

This article was first published on the Arbitration Matters blog, here. In Black & McDonald v. Eiffage Innovative Canada Inc., 2022...

By Lisa C. Munro
Arbitration Conversation No. 80: Adriana Vaamonde, Exec Director, Centro de Arbitraje Cámara de Caracas author.

Arbitration Conversation No. 80: Adriana Vaamonde, Exec Director, Centro de Arbitraje Cámara de Caracas

In this episode of the Arbitration Conversation, Amy interviews Adriana Vaamonde, Exec Director, Centro de Arbitraje Cámara de Caracas. Adriana...

By Adriana Vaamonde Marcano, Amy Schmitz
Independence Day and Arbitration author.

Independence Day and Arbitration

This article first appeared on the Securities Arbitration Alert Blog, here. Years ago I penned a blog post on Independence...

By George Friedman
Arbitration Conversation No. 79: Fernando Sanquírico Pittevil, Partner at Lega Abogados author.

Arbitration Conversation No. 79: Fernando Sanquírico Pittevil, Partner at Lega Abogados

In this episode of the Arbitration Conversation, Amy interviews Fernando Sanquírico Pittevil, a partner at Lega Abogados in Venezuela. Fernando...

By Fernando Sanquírico Pittevil, Amy Schmitz
Canada – Appeal/Set Aside Not Designed to “Save the Parties from Themselves” author.

Canada – Appeal/Set Aside Not Designed to “Save the Parties from Themselves”

This article was first published on the Arbitration Matters blog, here. In Singh v Modgill, 2022 ABQB 369, Justice Feasby denied...

By Lisa C. Munro
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
Arbitration Conversation No. 78: Arbitrator Edna Sussman, of SussmanADR.com author.

Arbitration Conversation No. 78: Arbitrator Edna Sussman, of SussmanADR.com

In this episode of the Arbitration Conversation, Amy interviews Edna Sussman, who serves full-time as an arbitrator and mediator and...

By Edna Sussman, Amy Schmitz
Top Tips for Attorneys Representing Clients in Arbitrations author.

Top Tips for Attorneys Representing Clients in Arbitrations

This article was first published on the JAMS ADR Blog here. Planning and preparation are key components for any successful...

By Harold Himmelman
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
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

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