Akshay Sewlikar

The Artemis Accords: A New Frontier for Space Law and Arbitration?

(7/10/20)Akshay Sewlikar

Learn more about the Artemis Accords, which were announced by NASA in May 2020 as a set of principles on the basis of which the US would enter into agreements with other countries to govern the civil exploration and use of outer space and lunar resources.

Charles Harris

Arbitration Conversation No. 9: Charles E. Harris II, Arbitrator and Partner at Mayer Brown in Chicago

(7/10/20)Charles Harris, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Charles E. Harris II, who is a Partner in the Litigation and Dispute Resolution Group and the International Arbitration Group at Mayer Brown in Chicago.

Rick Bales

Arbitrating Global Labor Disputes

(7/09/20)Rick Bales

In late June, four major civil society groups released a model dispute resolution system, focused on model arbitration clauses, for disputes on labor standards in supply-chain operations. Read a summary of the new dispute resolution system here.

Indraneel Gunjal

Uber’s Arbitration Clause Ruled Unconscionable by the Supreme Court Of Canada

(7/08/20)Indraneel Gunjal

Uber’s service agreement for the drivers of its food delivery services in Canada required them to resolve any dispute with Uber through arbitration in the Netherlands. The Supreme Court of Canada on appeal allowed the driver’s class action to proceed in the Ontario Courts and found the arbitration clause in the Uber drivers’ contracts to be ‘unconscionable’.

Frederico Singarajah

The Hitchhiker’s Guide to Virtual Hearings (Part 1)

(7/08/20)Frederico Singarajah

This article provides guidance for virtually conducting oral hearings for arbitration processes with the COVID-19 crisis having diminished face-to-face meetings and having forced the legal profession to adapt. Five concerns are identified 1) Hearing platform, 2) Document presentation, 3) Confidentiality and security, 4) Witness examination, and 5) Advocacy.

Frederico Singarajah

The Hitchhiker’s Guide to Virtual Hearings (Part 2)

(7/08/20)Frederico Singarajah

This two part article provides guidance for virtually conducting oral hearings for arbitration processes, focusing on five considerations: 1) Hearing platform, 2) Document presentation, 3) Confidentiality and security, 4) Witness examination, 5) Advocacy. Part 1 provided an analysis of the first two, and this article (Part 2) analyzes the final three.

Cristina Villarroel

Appellate Court Holds That AAA Rules Do Not Provide That Only Arbitrator Can Decide Arbitrability

(7/07/20)Cristina Villarroel

The article provides a case summary of the Florida state appellate court ruling that the incorporation of American Arbitration Association (AAA) Rules in an arbitration agreement did not provide clear and unmistakable evidence that only the arbitrator could decide the issue of arbitrability, in lieu of the courts.

Indraneel Gunjal

Former WeWork Employee Pushes to Resolve Job Discrimination Claims in Court, not Arbitration

(7/06/20)Indraneel Gunjal

A former employee of WeWorks Companies Inc. has petitioned a Federal District Court in New York to allow a review of its earlier decision which compelled her to pursue her job discrimination claims based on race and sex through arbitration, rather than before the Courts.

Maxi Scherer

Remote Hearings in International Arbitration – and What Voltaire Has to Do with It?

(7/05/20)Maxi Scherer

The Covid-19 crisis has had a deep impact on international arbitration as the parties, counsel, and arbitrators have been forced to adapt to a new reality of remote hearings due to the travel restrictions and social distancing measures. They are also facing the critical issue of whether to postpone planned physical hearings that cannot be held due to the restrictions or to hold them remotely using modern technologies.

Michelle Li

PRC Court Confirms Jurisdiction To Recognize And Enforce A Foreign Arbitral Award Against A BVI Company

(7/05/20)Michelle Li, Tianyu Ma

This Article discusses the case of Amarante v. Intermarine, where the civil courts in the Peoples’ Republic of China (PRC) were confronted with the issue of whether a foreign arbitral award could be recognized and enforced in the PRC, against a foreign company which was not incorporated there.

Richard Frankel

Arbitration Conversation No. 8: Prof. Richard Frankel of Drexel University School of Law

(7/05/20)Richard Frankel, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Prof. Richard Frankel, Associate Professor of Law and Director of the Federal Litigation and Appeals Clinic at the Drexel University Thomas Klein School of Law.

Henry Allen Blair

Cert Granted in a New(ish) Arbitration case —Henry Schein Part II

(6/29/20)Henry Allen Blair

Henry Schein Part I focused on the wholly groundless doctrine. The wholly groundless doctrine, you might recall, was basically a smell test for arbitrability. It gave courts the right to regulate dubious arbitration agreements even if those agreements included a delegation provision. A unanimous Supreme Court sounded the death knell on the doctrine. Today, SCOTUS took the case up again.

Sarah Rudolph Cole

Arbitration Conversation No. 7: Prof. Sarah Cole of the Moritz College of Law at OSU

(6/29/20)Sarah Rudolph Cole, Amy Schmitz

Check out the latest episode of the Arbitration Conversation, where Amy interviews Prof. Sarah Cole of the Moritz College of Law at Ohio State University.

Kristen Blankley

The Long Shadow of the FAA - Can Agencies Craft Arbitration Rules?

(6/29/20)Kristen Blankley

As federal agencies begin to regulate arbitration within their areas of expertise, questions arise regarding the agency's authority to do so in light of the Federal Arbitration Act (FAA). This article presents a framework for analyzing these regulations in light of the FAA.

Stephanie Barrett

Taking a Stand for the Law of the Seat: Anti-Suit Injunctions and Arbitrations

(6/26/20)Stephanie Barrett

This article explores the recent English Court of Appeal decision in Enka Insaat v Chubb. The issue in that case was whether a mere choice of London seat (without any express choice of English law and without any ongoing arbitration) was sufficient for the grant of an anti-suit injunction to restrain foreign proceedings and/or constituted an implied choice of English law.

Mohamed  S. Abdel Wahab

Arbitration Conversation No. 6: Amy interviews Mohamed Abdel Wahab of the Cairo University Faculty of Law

(6/26/20)Mohamed S. Abdel Wahab, Amy Schmitz

Check out the latest episode of The Arbitration Conversation where Amy Schmitz interviews Mohamed Abdel Wahab on arbitration in Egypt.

Tom Stipanowich

Arbitration Conversation No. 5: Amy interviews Prof. Tom Stipanowich of the Pepperdine Caruso School of Law

(6/19/20)Tom Stipanowich, Amy Schmitz

Check out the latest episode of The Arbitration Conversation where Amy Schmitz interviews Tom Stipanowich about mixed mode arbitration and his concept of "arbigotiation" which keeps the door open to negotiated or mediated resolutions within an arbitration process.

Frank Lazzara

I Can Still Hear You Without the Hear-ing

(6/18/20)Frank Lazzara, MaryEllen Redmond

M&A arbitrations often do not require a hearing. In fact, when one considers the lack of detail within most M&A purchase and sale agreements an arbitration process without a hearing can seem quite fulsome. Transactional documents are often sufficient, when combined with an arbitrator’s initial joint party call, to advance most matters to the development of a proposed procedural timeline to specify the dispute resolution process without necessitating a live hearing.

Naimeh Masumy

Narrowing the information gap in appointment process: A mission of a legal tech start-up (Arbitrator Intelligence)

(6/17/20)Naimeh Masumy

The Covid-19 pandemic has led to a surge of interest in the form of alternative dispute resolution. In particular, arbitration has gained prominence, owing to its flexibility and pragmatism. Arbitration has been using technology more prominently than traditional litigation, despite complex cases involving the management of voluminous evidentiary records. In the face of a pandemic, arbitration is pivoting towards the digitalization of arbitral proceedings, bringing the aptitude of arbitrators in handling the challenges presented by the new era into focus.

Benjamin Davis

Arbitration Conversation No. 4: Amy interviews Prof. Benjamin Davis of University of Toledo College of Law

(6/17/20)Benjamin Davis, Amy Schmitz

In this episode Amy Schmitz interviews Ben Davis about diversity in arbitration, with a particular focus on the new Diversity and Inclusion Policy that was recently issued by ICCA (the International Council of Commercial Arbitration).

Chahat Chawla

International Arbitration During COVID-19: A Case Counsel’s Perspective

(6/16/20)Chahat Chawla

The first quarter of 2020 has been an active period for the SIAC Secretariat. It is common practice for SIAC tribunals to conduct the preliminary case management conference telephonically or virtually. However, given the dramatic change in the arbitration landscape in the past few months, SIAC tribunals have successfully conducted a variety of hearings remotely, including applications for emergency interim relief and evidentiary hearings.

Robert Bailey

Arbitration Conversation No. 3: Amy interviews Prof. Bob Bailey of Mizzou Law

(6/16/20)Robert Bailey, Amy Schmitz

In this episode of Arbitration Conversation Amy Schmitz interviews Prof. Bob Bailey of Mizzou Law on the new unanimous Supreme Court decision (authored by Justice Gorsuch) around the enforceability of arbitration for gig workers in the transportation sector and the interpretation of the FAA's applicability in state court.

Claire Mendes

Policy options when selecting judges for the Multilateral Investment Court

(6/16/20)Claire Mendes

Catharine Titi's article "The nationality of the international judge: Policy options for the Multilateral Investment Court" discusses how the drafters of the statute for the Court could address issues relating to the nationality of the judges, including whether they should include national and ad hoc judges. She recommends that the court should only select judges in its membership, aim for reasonable geographic representation without lowering standards for qualification, and that they should probably not allow national and ad hoc judges.

David Larson

Arbitration Conversation No. 2 - Amy chats with Professor David Larson

(6/15/20)David Larson, Amy Schmitz

In this episode of Arbitration Conversation Amy speaks with Professor Dave Larson of the Mitchell Hamline School of Law on accessibility in mediation, arbitration, and online dispute resolution

Amy Schmitz

“Business Pays” Rule in California Facing Challenges

(6/15/20)Amy Schmitz

On January 1, 2020, a new law in California took effect to provide rights to consumers and employees facing arbitration. The law requires that the business must pay the initial fees or costs of arbitration where the employees or consumers are to arbitrate any claims related to their contracts or state/federal law.

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