When has a party waived its contractual right to arbitrate? Until recently, most federal Courts of Appeal—including the Sixth Circuit— held that a party who participates in litigation (e.g., by serving and responding to...more
Effective January 22, 2024, Michigan’s law on compulsory arbitration of public labor disputes will be officially amended to include police officers employed by higher education institutions....more
Can a collective bargaining agreement (CBA) limit the authority of a labor arbitrator to determine the appropriateness of a disciplinary punishment? It can, but only when the CBA clearly says so, reiterated the Michigan Court...more
1/4/2024
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Arbitrators ,
Code of Conduct ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Disciplinary Proceedings ,
Employment Litigation ,
Just Cause ,
Reinstatement
Parties involved in litigation outside the U.S. have long had a useful information-gathering tool at their disposal: a U.S. statute allowing them to obtain by court order testimony and documents from persons located in the...more
6/15/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Commercial Arbitration ,
Corporate Counsel ,
Discovery ,
Federal Arbitration Act ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
SCOTUS
Can a non-signatory to an arbitration agreement compel international arbitration under the doctrine of equitable estoppel? Last year, in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, 140 S. Ct. 1637...more