Tag: Arbitration News

Canada– Court Determines Arbitrator Jurisdiction, Exercising Exception to Competence-Competence  author.

Canada– Court Determines Arbitrator Jurisdiction, Exercising Exception to Competence-Competence 

This article was first published in the Arbitration Matters Blog, here. In Isagenix International LLC v. Harris, 2023 BCCA 96, Justice...

By Joanne Luu
SCOTUS Hears Oral Argument in Coinbase author.

SCOTUS Hears Oral Argument in Coinbase

This article was first published on the Securities Arbitration Alert blog, here. The Supreme Court heard oral argument this week...

By George Friedman
Tenth Circuit: Effective Vindication Exception Invalidates Arbitration Agreement. ERISA Action Advances in Court author.

Tenth Circuit: Effective Vindication Exception Invalidates Arbitration Agreement. ERISA Action Advances in Court

This article was first published on the Securities Arbitration Alert blog, here. A U.S. Court of Appeals holds that the...

By Harry Jacobowitz
Canada– Class Actions: Rules for Referral to Arbitration Should be Followed  author.

Canada– Class Actions: Rules for Referral to Arbitration Should be Followed 

This article was first published in the Arbitration Matters Blog, here. In Vidéotron c. 9238-0831 Québec inc. (Caféier-Boustifo), 2023 QCCA 110,...

By Marie-Claude Martel
Split Ninth Circuit Holds California’s AB-51 is Preempted by the FAA author.

Split Ninth Circuit Holds California’s AB-51 is Preempted by the FAA

This article was first published on the Securities Arbitration Alert blog, here. A divided Ninth Circuit Panel holds that California’s...

By George Friedman
EFASASHA Didn’t Invalidate Employment PDAA, But Unconscionability Did author.

EFASASHA Didn’t Invalidate Employment PDAA, But Unconscionability Did

This article was first published on the Securities Arbitration Alert blog, here. Because the employee’s sexual harassment lawsuit predated the...

By George Friedman
Mandatory Arbitration in Investment Disputes? Registered Investment Advisers Get to Decide… author.

Mandatory Arbitration in Investment Disputes? Registered Investment Advisers Get to Decide…

Most investors do not understand the difference between two types of financial advisors who they often rely on for investment...

By Brittany Munn
Canada – Procedural Fairness in International Arbitration author.

Canada – Procedural Fairness in International Arbitration

This article was first published in the Arbitration Matters Blog, here. “Out here, due process is a bullet”, said John...

By Myriam Seers
2023: The Year of OArb author.

2023: The Year of OArb

A common question asked after our presentations on online dispute resolution (ODR) is: “when can we expect the arrival of...

By Amy Schmitz, Colin Rule
SCOTUS Again Declines to Review Case Involving FINRA Award author.

SCOTUS Again Declines to Review Case Involving FINRA Award

This article was first published on the Securities Arbitration Alert blog, here. For the second time in a few months,...

By George Friedman
Canada – What is Next for Arbitration and Insolvency? (Part I) author.

Canada – What is Next for Arbitration and Insolvency? (Part I)

This article was first published in the Arbitration Matters Blog, here. This past year brought two important decisions about the...

By Eric Morgan, James Plotkin
SCOTUS to Take Up FAA Section 16 Question author.

SCOTUS to Take Up FAA Section 16 Question

This article was first published on the Securities Arbitration Alert blog, here. Reversing a recent trend, the Supreme Court has...

By George Friedman
Judge’s Interpretation of an Ambiguous Arbitration Agreement Survives, Despite Post-Decision Recusal for Conflict of Interest author.

Judge’s Interpretation of an Ambiguous Arbitration Agreement Survives, Despite Post-Decision Recusal for Conflict of Interest

This article was first published on the Securities Arbitration Alert blog, here. A U.S. District Court judge, after issuing an...

By Harry Jacobowitz
Canada – Narrow Basis For Excess Jurisdiction Set Aside Challenges Reaffirmed author.

Canada – Narrow Basis For Excess Jurisdiction Set Aside Challenges Reaffirmed

This article was first published in the Arbitration Matters Blog, here. In Mensula Bancorp Inc. v. Halton Condominium Corporation No. 137, 2022...

By Jonathan Eades
Alleging Arbitrator Bias, Oppenheimer Moves to Vacate FINRA Panel’s $36+ Million Award author.

Alleging Arbitrator Bias, Oppenheimer Moves to Vacate FINRA Panel’s $36+ Million Award

This article was first published on the Securities Arbitration Alert blog, here. Oppenheimer has moved to vacate a massive Award...

By George Friedman
Arbitration of Investor Claims in An Industry-Sponsored Forum – A Look Back at 20 Years of Lessons author.

Arbitration of Investor Claims in An Industry-Sponsored Forum – A Look Back at 20 Years of Lessons

This article was first published on the Securities Arbitration Alert blog, here. Introduction Industry-sponsored arbitration has long been the only...

By Courtney M. Werning, David Neuman, Jorge L. Riera, Michael S. Edmiston
Canada – Arbitral Award Enforced despite Russian Sanctions author.

Canada – Arbitral Award Enforced despite Russian Sanctions

This article was first published in the Arbitration Matters Blog, here. In Angophora Holdings Limited v. Ovsyankin, 2022 ABKB 711, Justice Romaine...

By Myriam Seers
SCOTUS Declines to Review Case Involving FINRA Award author.

SCOTUS Declines to Review Case Involving FINRA Award

This article was first published on the Securities Arbitration Alert blog. here. The Supreme Court on October 31 denied Certiorari in Caputo v....

By George Friedman
Canada – Foreign Award Enforcement Upheld on Appeal Despite Previous Attornment to Court author.

Canada – Foreign Award Enforcement Upheld on Appeal Despite Previous Attornment to Court

This article was first published in the Arbitration Matters Blog, here. In Wang v. Luo, 2022 ONSC 5544, Justice LeMay, sitting...

By James Plotkin
FINRA DRS Posts Stats Through 3Q: Customer and Industry Arbitration Claims Have Definitely Stabilized. Mediation Filings Are Still Up, But Continue to Slow Down author.

FINRA DRS Posts Stats Through 3Q: Customer and Industry Arbitration Claims Have Definitely Stabilized. Mediation Filings Are Still Up, But Continue to Slow Down

This article was first published on the Securities Arbitration Alert blog. here. FINRA Dispute Resolution Services (“DRS”) has posted case statistics through...

By George Friedman
Canada – Action Brought to Require Payment Ordered in Award author.

Canada – Action Brought to Require Payment Ordered in Award

This article was fist published in the Arbitration Matters Blog, here. In Tomalik v Enthink Inc., 2022 ABCA 302, the Court...

By Lisa C. Munro
Resolving Investor-State Disputes following Russia’s War in Ukraine: Investment Arbitration Will Lead the Way author.

Resolving Investor-State Disputes following Russia’s War in Ukraine: Investment Arbitration Will Lead the Way

Russia’s war against Ukraine affected many people and businesses, leaving a global impact. Foreign countries (States) imposed sanctions affecting the...

By Brittany Munn
First Monday in October: Some Arbitration-Centric Cases Worth Following author.

First Monday in October: Some Arbitration-Centric Cases Worth Following

This article first appeared on the Securities Arbitration Alert Blog, here. The Supreme Court was back in session on October...

By George Friedman
Canada – Arbitration Agreement Invalid due to Unconscionability and no Consideration author.

Canada – Arbitration Agreement Invalid due to Unconscionability and no Consideration

This article was first published on the Arbitration Matters blog, here. In Pokornik v. SkipTheDishes Restaurant Services Inc., 2022 MBKB 178,...

By Cynthia Kuehl
Metaverse and Digital Identity author.

Metaverse and Digital Identity

The term metaverse was first coined by Neal Stephenson in his 1992 science fiction novel Snow Crash.  In the novel,...

By Ken Korea
Fifth Circuit: FAA Section 1 Does Not Exempt Local Delivery Drivers author.

Fifth Circuit: FAA Section 1 Does Not Exempt Local Delivery Drivers

This article first appeared on the Securities Arbitration Alert Blog, here. Houston area delivery drivers who generally did not cross...

By George Friedman
Canada – Interests of Justice Require Closely Linked Disputes to be Arbitrated author.

Canada – Interests of Justice Require Closely Linked Disputes to be Arbitrated

This article was first published on the Arbitration Matters blog, here. In Tessier v 2428-8516 Québec inc., 2002 QCCS 3159, Justice...

By Rachel Howie
The Supreme Court’s Unanimous Ruling in Southwest Airlines v. Saxon: More Questions Left than Answers author.

The Supreme Court’s Unanimous Ruling in Southwest Airlines v. Saxon: More Questions Left than Answers

Introduction and Unanswered Questions             Airplane cargo loaders and ramp supervisors are now able to bring a claim for overtime...

By Brittany Munn
Looking Back at the First 18 Months of Arbitrate.com author.

Looking Back at the First 18 Months of Arbitrate.com

Mediate.com launched its spinoff online community Arbitrate.com on March 1, 2021, and the site has made an enormous amount of...

By Indraneel Gunjal, Colin Rule
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

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