Tag: Arbitration News

Canada – Standard of Review: Set Aside for Applicant’s “Inability to Present his Case” author.

Canada – Standard of Review: Set Aside for Applicant’s “Inability to Present his Case”

This article was first published on the Arbitration Matters blog, here. In Nelson v The Government of the United Mexican States,...

By Lisa C. Munro
Reminder: SCOTUS Hears Two of “Arbitration Final Four” Oral Arguments Next Week author.

Reminder: SCOTUS Hears Two of “Arbitration Final Four” Oral Arguments Next Week

Just a reminder that SCOTUS will be hearing oral arguments next week on two cases involving arbitration. We reported in...

By George Friedman
A Detailed Comparison of Third-Party Funding Regulations in Hong Kong and Singapore author.

A Detailed Comparison of Third-Party Funding Regulations in Hong Kong and Singapore

This article was first published in the Asia Pacific Law Review, here. ABSTRACT Third-party funding (TPF) has played a major...

By Can Eken
Canada – No Issue Estoppel Regarding Arbitrator’s Findings in Later Litigation author.

Canada – No Issue Estoppel Regarding Arbitrator’s Findings in Later Litigation

This article was first published on the Arbitration Matters blog, here. In The 6th Line Mofos Limited v Stewart, 2022 ONSC 520,...

By Lisa C. Munro
President Biden Signs Into Law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It Became Effective Immediately author.

President Biden Signs Into Law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It Became Effective Immediately

President Biden on March 3 signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It became effective...

By George Friedman
Forced Arbitration Ban in #MeToo Cases: What’s Next for Employers? author.

Forced Arbitration Ban in #MeToo Cases: What’s Next for Employers?

This article first appeared on Engage Blog by Hogan Lovells, here. President Biden is expected to sign into law legislation...

By Ches Garrison
Analysis: Georgia Court Vacates FINRA Award on Several Bases author.

Analysis: Georgia Court Vacates FINRA Award on Several Bases

Just as we were finalizing the last Alert, we learned that a Georgia Trial Court had vacated a FINRA Award based...

By George Friedman
Canada – Statute Gives Unintended Economic Incentives to Avoid Mandatory Arbitration author.

Canada – Statute Gives Unintended Economic Incentives to Avoid Mandatory Arbitration

This article was first published on the Arbitration Matters blog, here. In Metropolitan Toronto Condominium Corporation No. 1171 v Rebeiro, 2022...

By Lisa C. Munro
Practicalities of Privacy and Secrecy in Arbitration author.

Practicalities of Privacy and Secrecy in Arbitration

There has been a great deal of discussion lately about nondisclosure agreements (NDAs) in arbitration. The problem is that the...

By Amy Schmitz
Beware International Laws and Conventions author.

Beware International Laws and Conventions

In the decision, McDonnel Group, LLC v. Great Lakes Insurance SE, UK Branch. No. 18-30817, 2019 WL 2082905, (5th Cir....

By Brian R. Gaudet
The U.S. Supreme Court Finally Will Review (and May Bury) PAGA’s Anti-Arbitration Rule author.

The U.S. Supreme Court Finally Will Review (and May Bury) PAGA’s Anti-Arbitration Rule

This article was first published on Proskauer Blog, here. While the California Supreme Court has repeatedly upheld arbitration agreements with...

By Anthony J. Oncidi, Philippe A. Lebel
Canada – Fresh Evidence Test the Same on Set Aside Applications on Fairness Grounds and Judicial Review Applications author.

Canada – Fresh Evidence Test the Same on Set Aside Applications on Fairness Grounds and Judicial Review Applications

This article was first published on the Arbitration Matters blog, here. In Vento Motorcycles Inc. v United Mexican States, 2021 ONSC...

By Lisa C. Munro
International Commercial Arbitration: The Applicable Laws Theorem author.

International Commercial Arbitration: The Applicable Laws Theorem

This article first appeared on the Thomson Reuters Arbitration blog, here. One of the most interesting aspects of international arbitration are the applicable...

By Frederico Singarajah
Dispute on Arbitrability Needs an Arbitrator author.

Dispute on Arbitrability Needs an Arbitrator

This article first appeared on McDermott Will & Emery’s IP Update, here. The US Court of Appeals for the Federal...

By Ralph E. Gaskins
After a Lull in 2021, a Busy Year Ahead Arbitration-wise for SCOTUS author.

After a Lull in 2021, a Busy Year Ahead Arbitration-wise for SCOTUS

This article first appeared on Securities Arbitration Alert, here. We entered 2021 with SCOTUS poised to again rule on delegation...

By George Friedman
In Case You Missed Them, Here Are the Top 10 Highlights of Arbitration in 2021 author.

In Case You Missed Them, Here Are the Top 10 Highlights of Arbitration in 2021

In case you missed them, here are the Top 10 Highlights of Arbitration in 2021 to look back on as...

By Amy Schmitz
New Town Elder Arbitration Rules author.

New Town Elder Arbitration Rules

The effort to cut arbitration costs has led to the promulgation of a new tech-assisted model that David Rivkin refers...

By Stacie Strong
Canada – Franchisor Addresses Uber Arbitration Agreement Flaws to Obtain Stay of Proceedings author.

Canada – Franchisor Addresses Uber Arbitration Agreement Flaws to Obtain Stay of Proceedings

This article was first published on Arbitration Matters, here. In Kang v Advanced Fresh Concepts Franchise Corp., 2021 BCPC 262, Small...

By Lisa C. Munro
UNCITRAL Working Group III To Consider the Draft Arbitrator Code of Conduct author.

UNCITRAL Working Group III To Consider the Draft Arbitrator Code of Conduct

This week, UNCITRAL Working Group III will consider the Draft Arbitrator Code of Conduct.  They will be looking at proposed Article...

By Katherine Simpson
Canada – Award Challenged for Legal Error, Denial of Natural Justice After Baseball Arbitration author.

Canada – Award Challenged for Legal Error, Denial of Natural Justice After Baseball Arbitration

This article first appeared on the Arbitration Matters blog, here. In 1150 Alberni Limited Partnership v Northwest Community Enterprises Ltd., 2021...

By Lisa C. Munro
The Future of the Transportation Worker Exemption to Mandatory Arbitration – Clarity for the Gig Economy? author.

The Future of the Transportation Worker Exemption to Mandatory Arbitration – Clarity for the Gig Economy?

In 1925, the Federal Arbitration Act (“FAA”) was enacted to ensure the validity and enforcement of arbitration agreements due to...

By Brittany Munn
Tales from the Arbitration Crypt author.

Tales from the Arbitration Crypt

This article first appeared on the Securities Arbitration Alert Blog, here. With Halloween behind us, I thought it might be...

By George Friedman
Canada – Challenge to Arbitrator’s Integrity to be Determined Using Bias Test author.

Canada – Challenge to Arbitrator’s Integrity to be Determined Using Bias Test

This article first appeared on the Arbitration Matters blog, here. In Farmer v Farmer, 2021 ONSC 5913, the appellant wife appealed...

By Lisa C. Munro
Invoking a Policy’s Arbitral Provisions that Fall Under the New York or Panama Convention when a Third Party Sues the Insurer author.

Invoking a Policy’s Arbitral Provisions that Fall Under the New York or Panama Convention when a Third Party Sues the Insurer

This article was originally published in the ARIAS·U.S. Quarterly, Q3, 2021 and is republished here with permission. A.        Overview The...

By Edward Lenci
6 Hours of Social Media Blackout in Arbitration? The Cybersecurity Perspective author.

6 Hours of Social Media Blackout in Arbitration? The Cybersecurity Perspective

Did Monday 6th October 2021 feel like a snow or rain day to you? With Facebook, Facebook Messenger, Instagram, and...

By Katie Hyman, Wendy Gonzales
Divided Ninth Circuit Ruling on California AB-51 FAA Preemption is also a Split Decision: Statute is Preempted in Part author.

Divided Ninth Circuit Ruling on California AB-51 FAA Preemption is also a Split Decision: Statute is Preempted in Part

This article first appeared on the Securities Arbitration Alert, here. A split Ninth Circuit has finally ruled on the validity...

By George Friedman
Indian Supreme Court Confirms Enforceability of India-Seated Emergency Arbitration Awards author.

Indian Supreme Court Confirms Enforceability of India-Seated Emergency Arbitration Awards

This article first appeared on Arbitration Notes by Herbert Smith Freehills, here. The Supreme Court of India (the “Court“) has...

By Andrew Cannon, Tomas Furlong, Madhu Krishnan
UNCITRAL/ICSID Draft Code of Conduct for Adjudicators in Internation Investment Disputes author.

UNCITRAL/ICSID Draft Code of Conduct for Adjudicators in Internation Investment Disputes

It has just been announced that ICSID and UNCITRAL have released the third version of the Draft Code of Conduct...

By Stacie Strong
Expedited Arbitration, Autonomy and Due Process author.

Expedited Arbitration, Autonomy and Due Process

This article was first published on the Practical Law Arbitration Blog in two parts on 3 and 13 September 2021....

By Alexander Uff
Canada – Arbitrator’s Award Set Aside on Basis that it was “Arbitrary and Irrational” author.

Canada – Arbitrator’s Award Set Aside on Basis that it was “Arbitrary and Irrational”

This article first appeared on the Arbitration Matters blog, here. In Shahcheraghi v Divangahi, 2021 BCSC 1576, Justice Horsman set aside...

By Lisa C. Munro

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