(9/25/20)Nicholas Gowen, Amy Schmitz
In this episode of the Arbitration Conversation Amy interviews Nicholas Gowen, a litigation partner at Burke, Warren, MacKay & Serritella in Chicago and experienced arbitrator.
A class action complaint against Grindr for alleged privacy violations may not be able to proceed in traditional court and will have to be resolved through individual arbitration, according to one of the attorneys for the complainant.
In Shivkov v Artex Risk Solutions the 9th Circuit held if contracts do not expressly or impliedly indicate that the termination of the agreement itself results in the expiry of the arbitration clause, then the latter survives after the termination of the former.
The 9th U.S. Circuit Court of Appeals in a 2-1 decision ruled that the standard for evaluating whether the courts or the arbitrators themselves must decide if commercial disputes are to be arbitrated is equally applicable in the context of labor disputes.
(9/21/20)Hilary Mofsowitz, Amy Schmitz
In this episode of the Arbitration Conversation Amy interviews Hilary Mofsowitz, a South African Labor and Employment Arbitrator with the Commission for Conciliation, Mediation and Arbitration (CCMA) in South Africa.
The United States District Court for the Middle District of Florida in Johnson v. Westlake Portfolio Mgmt. declined to enforce an arbitration clause in a consumer dispute over the repossession of a Jeep Wrangler, in spite of federal policy favoring arbitration.
Practising Law Institute’s (“PLI”) annual securities arbitration seminar took place via live Webcast on September 10th. Although the pandemic moved the event to a virtual-only format, the event as usual was packed with content of interest.
New urgencies created by COVID, new virtual platforms that are increasingly user-friendly and real, and all the traditional reasons—an experienced arbiter, party control, efficiency, speed —make private arbitration a fine choice for businesses that have disputes during the pandemic.
On 14 September 2020, the US Court of Appeals for the Fifth Circuit rejected vacatur of two arbitration awards for alleged “evident partiality,” overturning the vacatur of the awards by the US District Court for the Southern District of Texas, in OOGC America, L.L.C. v. Chesapeake Exploration, L.L.C.
In March 2013, in Anhui Longlide Packaging and Printing Co., Ltd. v. BP Agnati S. R. L, the Supreme People’s Court of China (“SPC”) held that an arbitration agreement providing “ICC arbitration in Shanghai” is valid under the PRC Arbitration Law.
(9/16/20)Nudrat Piracha, Colin Rule, Amy Schmitz
In this episode of the Arbitration Conversation Amy (and Colin) interview Dr. Nudrat Piracha, member of the ICSID Ad Hoc Committee, Partner at the firm Samdani & Qureshi, and Senior JAMS Weinstein Fellow since 2018.
(9/14/20)Tomas Furlong, Priya Aswani, Gitta Satryani
On 12 September 2020, the Singapore Mediation Convention came into force, just over a year after its signing ceremony on 7 August 2019, and marked an important day for dispute resolution users.
In a somewhat shocking recent ruling in Gamble v. New Eng. Auto Fin., Inc., the Eleventh Circuit Court of Appeals refused to compel arbitration of the Telephone Consumer Protection Act ('TCPA') marketing suits pursuant to consumer agreements reasoning that such messages do not “arise out of” the underlying contract.
FINRA’s Office of Dispute Resolution Services (“DRS”) has again administratively postponed all in-person arbitration and mediation hearings but has posted guidance on its plans to resume in-person hearings.
(9/13/20)Carrie Shu Shang, Amy Schmitz
In this episode Amy interviews Prof. Carrie Shu Shang of Cal State Polytechnic University, Pomona on international arbitration and China's Belt and Road initiative.
Justice Susan L. Bercov had to decide whether to exercise her discretion to stay duplicative proceedings involving administrative action taken in two Canadian provinces. Justice Bercov declined to exercise her discretion due to the applicant’s failure to meet his evidentiary burden to establish the overlap and status of the duplicative proceedings.
A big change in Canada's arbitration and litigation environment with yesterday’s nomination of Madam Justice Jasmin Ahmad to the Supreme Court of British Columbia. Despite the loss to the arbitration and litigation bar, her nomination is a great gain to the bench.
A major Commonwealth study on international commercial arbitration led by Dr. Petra Butler, a professor at Victoria University of Wellington, and Dharshini Prasad, a Senior Associate at Wilmer Cutler Pickering Hale and Dorr LLP, offers trade-boosting solutions.
A somewhat divided New Jersey Supreme Court in Skuse v. Pfizer, Inc., held that an arbitration agreement announced and “acknowledged” by email to employees was valid and enforceable.
This article discusses the case of McEwen (Re) (2020 ONCA 511), where Ontario’s Court of Appeal repurposed an exception, developed in its 1996 decision involving leave to appeal an arbitration award, which permitted a three-member panel to review the decision of a single judge denying leave to appeal.
(9/08/20)Jill Gross, Amy Schmitz
Arbitration Conversation Episode 21: In this episode Amy interviews Prof. Jill I. Gross, Director of the Investor Rights Clinic at the Pace University Law School on securities arbitration and FINRA.
In Michael Conyer v. Hula Media Services, the California State Appellate Court held that an employer had no duty to point out the subsequent addition of an arbitration clause to the employee's attention when the latter had given assent to this clause, by signing the 'receipt and acknowledgment' page of the revised employee handbook.
(9/08/20)Ryan Warden, Dean Shauger
On August 18, 2020 the Supreme Court of New Jersey upheld the enforceability of an employment arbitration agreement by validating employer distribution of mandatory arbitration agreements, confirming that employees may manifest their assent by remaining employed after the effective date specified in the agreements.
Mandatory arbitration clauses have become routine ingredients in website user terms and conditions. But what is “enough” to confirm that the consumer has “signed on” to arbitrate a dispute" This article explores the judicial positions on the validity of such mandatory arbitration clauses.
(9/04/20)Andrew Battisson, Tamlyn Mills, Sherina Petit
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As the COVID-19 pandemic has shut businesses, locked down communities, and closed borders, the international arbitration community had to rapidly develop new ways of working. The international arbitration community has collaborated to find ways to maintain access to justice in a timely and efficient manner.