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Arbitration Arbitration Agreements

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Ballard Spahr LLP

Ninth Circuit Refuses to Enforce Ticketmaster’s Mass Arbitration Procedures Notwithstanding the Federal Arbitration Act

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We previously wrote about a California federal district court decision in Heckman v. Live Nation Entertainment that denied Ticketmaster’s motion to compel arbitration of Sherman Act antitrust claims based in large part on the...more

Miller Starr Regalia

The Evolving Law of Waiver Under the California Arbitration Act: Predictions for a Post-Quach World

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Nearly a century ago, and recognizing the courts’ historic hostility toward arbitration agreements, Congress, followed shortly by the California Legislature, adopted laws intended to “favor” arbitration. In recent decades,...more

FordHarrison

New Jersey Judge Interprets EFAA As Requiring Employment Claims to Be Split Into Two Forums

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Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s...more

Mayer Brown

Pro-enforcement Approach - Mainland China Highlights Typical Cases on Enforcing Hong Kong Arbitral Awards

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Mainland China's Supreme People's Court (SPC) recently released a series of typical cases showcasing a favourable trend in enforcing Hong Kong arbitral awards....more

Blake, Cassels & Graydon LLP

Cour d’appel de l’Ontario : Une requête en radiation équivaut à une renonciation au droit à l’arbitrage

Aperçu Dans l’affaire RH20 North America Inc. v. Bergmann, la Cour d’appel de l’Ontario (la « CAO ») a confirmé qu’une requête en radiation de réclamations susceptibles d’être réglées par voie d’arbitrage équivaut à une...more

Sheppard Mullin Richter & Hampton LLP

California Courts Greatly Expand Scope of “Ending Forced Arbitration of Sexual Harassment Act”

Two recent decisions from the California Courts of Appeal could have massive ramifications for employers seeking to enforce arbitration agreements. Specifically, each court each held that the Ending Forced Arbitration of...more

A&O Shearman

The planned modernization of German arbitration law brings a few specific improvements

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The plans to modernize German arbitration law have moved forward in the form of the government bill (Regierungsentwurf) submitted to the German Parliament (Bundestag) on October 9, 2024 (available here). The Bundestag is due...more

TransPerfect Legal

Arbitration in the Age of AI: Insights Into How AI Will Revolutionise and Transform Legal Workflows in Arbitration

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Over the past year, the TransPerfect team has attended numerous arbitration events, including International Disputes Weeks in Dublin and London to Arbitration Weeks in Perth, Paris, Toronto, and Hamburg. Across countless...more

Fisher Phillips

California Court Expands Tools for Invalidating Arbitration Agreements: 3 Steps Employers Can Take Now

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A California appeals court recently ruled that a federal law preventing employers from requiring sexual harassment claims to be arbitrated also blocks arbitration of all other claims alleged as part of the same case. While...more

Snell & Wilmer

The Eleventh Circuit Finds Delegation Provisions Enforceable in Agreement to Arbitrate Implicating Tribal Law

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On October 3, 2024, the Eleventh Circuit issued an opinion finding that arbitration agreements consumers entered into with a Tribal entity contained enforceable delegation provisions, meaning that an arbitrator, rather than a...more

Hogan Lovells

Veille juridique INFRASTRUCTURES / Contrats Publics du 16 octobre 2024

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L’équipe Financement de Projet du bureau de Paris vous propose de retrouver l’actualité récente française et européenne concernant le droit des contrats publics et le droit de la commande publique, notamment dans le domaine...more

K&L Gates LLP

Arbitration World: Interstate Arbitration Part 2

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In the second episode of our Interstate Arbitration series, Ian Meredith continues the conversation with Professor Stephen Minas. In this episode we will dive into some specific aspects of interstate arbitration. Ian and...more

K&L Gates LLP

Arbitration World: Interstate Arbitration Part 1

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In this first episode of our Interstate Arbitration series, Ian Meredith talks with Professor Stephen Minas of Peking University Transnational Law School, to introduce the general ins and outs of interstate (or State vs...more

Seyfarth Shaw LLP

No Arbitration Even If Only One Claim Is Covered By EFAA

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Seyfarth Synopsis: The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) renders arbitration agreements unenforceable with regard to claims of sexual assault and sexual harassment....more

Orrick, Herrington & Sutcliffe LLP

11th Circuit enforces delegation provisions in arbitration agreements for tribal loan

On October 3, the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a decision regarding the applicability of an arbitration agreement within a loan agreement. The loan agreement included arbitration and...more

Seyfarth Shaw LLP

Effecting The EFAA: California Appellate Courts Make It Harder To Enforce Arbitration Agreements In Cases Alleging Sexual Assault...

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Seyfarth Synopsis: In line with recent anti-arbitration trends, the California Court of Appeal recently decided two cases – Doe v. Second Street Corp. and Liu v. Miniso Depot CA, Inc. – that apply the federal Ending Forced...more

Kohrman Jackson & Krantz LLP

What Happens When the Court That Ordered Arbitration Lacked Jurisdiction In the First Place?

Once is legally interesting, twice is a trend, and three times is a message. In the last seven years, at least three federal appeals courts (two very recently) have held, following an arbitration ordered by a district court,...more

BCLP

Lessons from UniCredit v RusChemAlliance: What Law Governs Your Arbitration Clause?

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The UK Supreme Court decision in UniCredit Bank v RusChemAlliance has confirmed that the English court has jurisdiction to grant an anti-suit injunction (ASI) to restrain foreign court proceedings brought in breach of a Paris...more

Hogan Lovells

From default to contempt: security trustee obtains contempt ruling against Ukrainian businessmen

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A recent judgment of the English court obtained by Madison Pacific Trust Limited, represented by Hogan Lovells, demonstrates that the English courts are prepared to exercise their substantial coercive powers against...more

Troutman Pepper

Fourth Circuit Affirms Denial of Motion to Compel Arbitration Finding Duty to Read a Contract Does Not Encompass Scrolling Through...

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The U.S. Court of Appeals for the Fourth Circuit recently affirmed a district court’s decision denying a defendant’s motion to compel arbitration, underscoring the importance of clear and conspicuous notice in online...more

Cooley LLP

UK Supreme Court Upholds Anti-Suit Injunction in Support of French Arbitration

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In UniCredit Bank GmbH v. RusChemAlliance LLC, the UK Supreme Court confirmed the general common law rule that a choice of governing law for a contract as a whole will apply to an arbitration agreement within the contract,...more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in Republic of Uzbekistan

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When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the third of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

JAMS

Mastering the Art of Construction Dispute Resolution Clauses - A neutral’s perspective on drafting ADR agreements

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Many neutrals may assume that they have little need for skills in drafting dispute resolution clauses. If so, they are wrong. In fact, there are good reasons why all ADR participants—including the neutrals—need experience in...more

Kilpatrick

Seventh Circuit sends Menards in-store pickup fees suit to arbitration

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In September 2024, the Seventh Circuit affirmed the grant of a motion to compel arbitration in a proposed class action claiming that Wisconsin-based retailer Menards used a “deceptive bait-and-switch scheme” to charge...more

Jenner & Block

Amendments to the English Arbitration Act on Hold

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In our September 2023 newsletter, we wrote about proposed amendments to the English Arbitration Act as it approaches its 30th anniversary. The proposed amendments were seen as very light touch, but included changes to: -...more

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