The Seventh Circuit Court of Appeals recently concluded that an arbitration clause that prohibited claimants from seeking or receiving any remedy that provided additional retirement benefits or other relief was unenforceable because it prospectively waived ERISA remedies.
James Smith worked for Triad Manufacturing Inc. Triad offered Smith and other employees a defined contribution employee retirement plan. In 2018, after Smith had left Triad, Triad added an arbitration provision with a class action waiver to the plan, which stated…
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In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about the biggest pitfalls of online arbitration (OArb), especially in a digital world and...
By Deborah Hylton, Marsha Ternus, Michael Pitton, Amy SchmitzThis article first appeared on Arbitration Notes by Herbert Smith Freehills, here. Shenzhen Intermediate People’s Court has ordered that an arbitral award made by Shenzhen Arbitration Commission (also known as...
By Helen Tang, Anthony Crockett, Briana YoungThis article first appeared on Urbas Arbitral, here. Referring to the ‘state of the current case law’, Mr. Justice Frédéric Bachand in Specter Aviation v. Laprade, 2021 QCCA 183 determined that the...
By Daniel Urbas
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