Category: Most Popular Articles

What is Arbitration, Anyway? author.

What is Arbitration, Anyway?

Many years ago, I conducted focus groups in Denver, Colorado, asking consumers to discuss their understanding of arbitration. Nearly all...

By Amy Schmitz
SCOTUS Denies Certiorari in Selden. At Issue: FAA Review of Awards Based on Public Policy author.

SCOTUS Denies Certiorari in Selden. At Issue: FAA Review of Awards Based on Public Policy

This article first appeared in the Securities Arbitration Alert Blog. As reported in SAA 2021-19 (May 20), the Supreme Court...

By George Friedman
Multi-Contract Disputes and Arbitration: Minimising Time and Costs author.

Multi-Contract Disputes and Arbitration: Minimising Time and Costs

This article was first published on the Practical Law Arbitration Blog on 1 April 2021, here. Where a number of...

By Stephanie Barrett
Remember the FINRA Case Where the Broker Challenged a Zoom Hearing Ordered Over His Objection? It’s Been Awarded author.

Remember the FINRA Case Where the Broker Challenged a Zoom Hearing Ordered Over His Objection? It’s Been Awarded

This article first appeared on Securities Arbitration Alert (SAA), here. The arbitration underlying a suit challenging a FINRA Panel’s authority to...

By George Friedman
Snapshot on Cybersecurity from the 2021 QMUL Survey on International Arbitration author.

Snapshot on Cybersecurity from the 2021 QMUL Survey on International Arbitration

Measuring the impact of the Covid-19 global pandemic in the International Arbitration field was not an easy task. However, it...

By Cemre Kadioglu, Carolina Mauro, Wendy Gonzales
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
Facebook’s Oversight Board, Trump, and Arbitration author.

Facebook’s Oversight Board, Trump, and Arbitration

This article first appeared on the Arbitration USA Blog, here. Earlier today, Facebook’s Oversight Board issued its decision regarding Donald Trump’s suspension...

By Imre Szalai
Canada – Complex Contractual Matrix and Lack of Privity Prompts Court to Propose Arbitration author.

Canada – Complex Contractual Matrix and Lack of Privity Prompts Court to Propose Arbitration

This article first appeared on Urbas Arbtiral here. In CUSO International v. Pan American Development Foundation, 2021 ONSC 3101, Mr. Justice...

By Daniel Urbas
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
Arbitrator “Intelligence” and the Mysterious Brown M&M author.

Arbitrator “Intelligence” and the Mysterious Brown M&M

When Arbitrator Intelligence promised to increase transparency, accountability, and diversity in arbitrator selection, it was celebrated as a welcome innovation....

By Katherine Simpson
Arbitration of Digital Disputes in Smart Contracts and The Release of The Digital Dispute Resolution Rules from The UK Jurisdiction Taskforce author.

Arbitration of Digital Disputes in Smart Contracts and The Release of The Digital Dispute Resolution Rules from The UK Jurisdiction Taskforce

This article first appeared on Arbitration Notes by Herbert Smith Freehills, here. On 22 April 2021 the UK Jurisdiction Taskforce...

By Craig Tevendale, Chris Parker, Dorothy Livingston, Vanessa Naish, Charlie Morgan
Enforcing Arbitral Awards Globally Practical Considerations author.

Enforcing Arbitral Awards Globally Practical Considerations

This article first appeared on the Practical Law Arbitration Blog, here. What happens after a claimant successfully obtains an arbitral award against...

By Christopher Tan, Christina Liew
The Limits of Consent in Multi-Party Arbitration Agreements author.

The Limits of Consent in Multi-Party Arbitration Agreements

This article first appeared on Global Arbitration News by Baker McKenzie, here. Certain arbitration rules, such as Article 22.1(vii) of...

By Nandakumar Ponniya, Richard Allen, Nicholas Tan
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
ICSID and UNCITRAL Release Version Two of the Draft Code of Conduct for Adjudicators in International Investment Dispute author.

ICSID and UNCITRAL Release Version Two of the Draft Code of Conduct for Adjudicators in International Investment Dispute

ICSID and UNCITRAL have just released an update to the draft Code of Conduct for Adjudicators in International Investment Disputes. This...

By Stacie Strong
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
Arbitration Tips-N-Tools (TNT): Round 11 author.

Arbitration Tips-N-Tools (TNT): Round 11

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

By Deborah Hylton, Marsha Ternus, Michael Pitton, Amy Schmitz
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
Prehearing Issues Raised by Virtual Hearings of FINRA Arbitrations author.

Prehearing Issues Raised by Virtual Hearings of FINRA Arbitrations

The Financial Industry Regulatory Authority (FINRA) has made significant changes to the arbitration process in response to the COVID-19 pandemic....

By Joel Everest, Josh Jones
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
Right to a Physical Hearing Project: The Release of 20 New Reports Reinforces Core Trends and Important Divergences author.

Right to a Physical Hearing Project: The Release of 20 New Reports Reinforces Core Trends and Important Divergences

Several months ago, Co-editors Giacomo Rojas Elgueta, James Hosking and Yasmine Lahlou, in collaboration with ICCA, released a number of...

By Stacie Strong
PRC Court Sets Aside Cryptocurrency Award on Public Interest Grounds author.

PRC Court Sets Aside Cryptocurrency Award on Public Interest Grounds

This article first appeared on Arbitration Notes by Herbert Smith Freehills, here. Shenzhen Intermediate People’s Court has ordered that an...

By Helen Tang, Anthony Crockett, Briana Young
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
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
Welcome to the New Arbitrate.com! author.

Welcome to the New Arbitrate.com!

We are delighted today to introduce the new Arbitrate.com, which has been re-built and re-designed from the ground up to...

By Amy Schmitz, Colin Rule
Arbitration Tips-N-Tools (TNT): Round 9 author.

Arbitration Tips-N-Tools (TNT): Round 9

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

By Julie Hopkins, Rachel Goedken, Linda Michler, Amy Schmitz
Canada – ‘Only Logical to Modernize’ New York Convention ‘Agreement in Writing’ to Include Text/E-Mail Exchange author.

Canada – ‘Only Logical to Modernize’ New York Convention ‘Agreement in Writing’ to Include Text/E-Mail Exchange

This article first appeared in Urbas Arbitral, here. In Parrish & Heimbecker Ltd. v. TSM Winny AG Ltd., 2020 SKQB 348,...

By Daniel Urbas
International Centre for Dispute Resolution (ICDR) Rule Amendments Greenlight OArb author.

International Centre for Dispute Resolution (ICDR) Rule Amendments Greenlight OArb

Effective March 1, 2021, the International Centre for Dispute Resolution (ICDR) amended a number of its International Dispute Resolution Procedures....

By Amy Schmitz
ICSID Releases Statistics For Record Year 2020 author.

ICSID Releases Statistics For Record Year 2020

This article was first published on Herbert Smith Freehills Arbitration Notes, here. The International Centre for Settlement of Investment Disputes...

By Andrew Cannon, Vanessa Naish, Jerome Temme

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