Tag: Arbitration News

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
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
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
Why You Should Consider California as the Seat for Your Arbitration author.

Why You Should Consider California as the Seat for Your Arbitration

As all the parties to an arbitration know, choosing the seat of the arbitration is extremely important because the law...

By Colin Rule, Indraneel Gunjal
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
Arbitrators: Be Cautious When Sanctioning Attorneys author.

Arbitrators: Be Cautious When Sanctioning Attorneys

A Colorado appellate court recently held that arbitrators do not have the inherent power to sanction an attorney personally for...

By Imre Szalai
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
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
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
How Companies Can Hedge Risk of Mass Arbitration author.

How Companies Can Hedge Risk of Mass Arbitration

This article was first published on the Cooley LLP Blog, here. Mass arbitration is a recent trend where companies are...

By Marc Suskin, Rachel Thorn
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
Compliance Reinforcement Mechanism in 2021 Delos Rules of Arbitration: Continuing a Tradition of Bold Innovation author.

Compliance Reinforcement Mechanism in 2021 Delos Rules of Arbitration: Continuing a Tradition of Bold Innovation

The 2021 Delos Rules of Arbitration came into effect on 1 November 2021, the first major revision since the institution was established...

By Marco de Sousa
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
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
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
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
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
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

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