SCOTUS Grants Certiorari in Consumer Arbitration Cases
The U.S. Supreme Court will hear two cases regarding the power of an arbitrator to determine his own jurisdiction.read more
View ArticleIs Rescission an Arbitral Remedy?
Is recission a proper arbitral remedy? Even if recission would primarily benefit non-parties to the proceeding?read more
View ArticleMalay Arb Standard Similar to US
Malaysian courts view arbitral vacatur in a manner similar to US courts.read more
View ArticleArbitration Clause Prohibiting Class Action OK in California
Waiver of class-action arbitrations and multi-party litigation is neither procedurally nor substantively unconscionable.read more
View ArticleSCOTUS Decides Stolt-Neilsen: No Class Arbitration Where Clause is "Silent"
The opinions are here. The vote is 5-3.read more
View ArticleRent-an-Arbitrator
It's been a pretty busy week for arbitration issues at the Supreme Court. Yesterday, the Court heard oral argument in Rent-a-Center v. Jackson, a potentially very important arbitration case that I've...
View ArticleAustralia Follows UN Arbitration Path
Piece by piece Australia introduces legislation to allow the legal profession a shot at competing for the large Arbitration market.read more
View ArticleGlenn E. Davis of Gallop, Johnson & Neuman Secures $472,000 Arbitration Award
Glenn E. Davis of Gallop, Johnson & Neuman Secures $472,000 Arbitration Award for Medicine Shoppe International in Franchise Dispute Affirmed by Eighth Circuit Courtread more
View ArticleMandatory Arbitration and the Automobile Dealer Arbitrations
Congress is still considering the arbitration fairness act, which could include a provision banning mandatory arbitration in franchises. This hasn't gained a lot of traction in the franchisee world...
View ArticleInability of 123 Fit Franchisees To Pay For Arbitration Not Grounds For...
Upholding a franchise arbitration clause, a California court rules that lack of financial resources is not grounds for lifting a stay.read more
View ArticleSCOTUS Holds Class Actions Waivers In Arbitration Agreements Are Enforceable
In a 5-4 decision of AT&T Mobility LLC v. Concepcion, No. 09-893 (April 27, 2011), the U.S. Supreme Court held that arbitration agreements in standard form contracts that waive the right to...
View Article2d Circuit Charges Against Arbitration Class Action Waivers
Circuit courts are always polite when disagreeing with their bosses on the Supreme Court.read more
View Article"Manifest Disregard" Alive In 4th Circuit
Ultimately the Supreme Court is going to have to decide this one. The score is now 5-5 with one abstaining.read more
View ArticleCrisis Avoidance: The Real Way to Manage Disagreement
Lawsuits and arbitrations often sort out disputes in their legal sense. They rarely sort out disputes in a satisfactory personal or financial sense. Anyone familiar with the litigation and arbitration...
View ArticleArbitrator Failure To Disclose Related Case OK
Reversing Judge Scheindlin, the 2d Circuit Ct of Appeals says that repeated failure to disclose serving as a "neutral" on a related case does not warrant vacatur of the arbitral award.read more
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