This paper focuses on the problems with litigation, the effectiveness of Arbitration in comparison with litigation and concludes by addressing the issue raised in the question.
The Seventh Circuit recently ruled that Grubhub Inc. drivers must arbitrate their overtime claims instead of litigating them in the courts.
(8/12/20)Chris Drahozal, Amy Schmitz
In this episode of the Arbitration Conversation Amy interviews Prof. Christopher R. Drahozal of the University of Kansas School of Law on the upcoming case Henry Schein, Inc. v. Archer & White Sales.
(8/12/20)Jo Delaney, Charlotte Hendriks
The dispute resolution clause in contracts is often called the 'midnight clause', as it is commonly reviewed at the 11th hour of the contract negotiations. Consequently, many dispute resolution clauses, especially arbitration clauses, are given insufficient consideration.
Parties are wise to plan ahead and build arbitration into their smart contracts, in order to have a dispute resolution plan should smart contracts go awry. Indeed, users of smart contracts may want to build arbitration into their code to promote efficiency, protect privacy and ensure an expert decisionmaker.
ADR mechanisms have flourished in recent years in Brazil, with new regulations explicitly authorizing the use of mediation and arbitration in a wide variety of public and private caseloads.
(8/05/20)Maureen Weston, Amy Schmitz
In this episode of the Arbitration Conversation Amy interviews Arbitrator Professor Maureen Weston, Professor of Law and Director of the Entertainment, Media & Sports Dispute Resolution Project at Pepperdine Law's Straus Institute.
Arbitrator highlights the importance of Mareva injunctions as tools in civil litigation to address when a defendant utilizes the time lag between a claim being prosecuted and the judgment by the court to divest its assets which could be used to satisfy that judgment.
In the United Mexican States v. Burr, Madam Justice Bernadette Dietrich accepted that legal submissions by parties to the NAFTA can qualify as “subsequent practice” but that the facts fell short of meeting the standard of a “clear, well-understood, agreed common position”.
The Australian Competition and Consumer Commission has released its draft news media bargaining code, which allows commercial news businesses to bargain, individually or collectively, with Google and Facebook, in order to be paid for news the tech giants publish on their services.
(8/03/20)Luke Breslin, James McDonnell
The New Jersey Supreme Court has held that the New Jersey Arbitration Act allows enforcement of arbitration agreements with independent contractors, even if they are not enforceable under the FAA.
A California court ruled in favor of the fans of Owen Benjamin, a controversial right-wing comedian, after Patreon, a US fan-funding service, sought an injunction against their arbitration suits against it.
(7/31/20)Stacie Strong, Amy Schmitz
In this episode of the Arbitration Conversation Amy interviews Prof. S.I. Strong of the University of Sydney about trust arbitration.
(7/31/20)Sara Hourani, Leonardo de Oliveira
Arbitration has become one of the the primary methods of dispute resolution for disputes that were traditionally resolved through litigation in courts, and its scope has expanded beyond the resolution of commercial disputes -- but this has given rise to questions about the degree to which arbitration provides adequate access to justice.
The International Council for Commercial Arbitration (ICCA) released on 28 July 2020 the “Report of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings”, the eighth volume of the ICCA Reports Series.
The authors of The Overlap Between Bankruptcy Court and Arbitration in the United States: Is a Preference for Arbitration the Key to Breaking the Loop? argue that following the coronavirus pandemic, there will be a shift from litigating bankruptcy in courts to resolving it through arbitration.
International arbitration practitioners can address the issue of obtaining evidence from non-compliant parties through the Hague Convention for Taking Evidence Abroad in Civil or Commercial Matters, in tandem with newly released 2020 Guide to Good Practice on the Use of Video-Link under the Hague Evidence Convention.
Joe Biden has declared that he is opposed to giving private corporations the right to challenge U.S. labor, health and environmental policies through 'Special' investor-state dispute resolution (ISDS) tribunals, in future trade deals.
Arbitrator concludes that the homologation sought by Plaintiffs could not allow for debate on the merits despite agreement by the parties, noting that it would up to the judge at the merits hearing to decide, if necessary, whether to homologate an arbitral award which does not settle the existing dispute.
The United States Court of Appeals for the First Circuit has ruled final mile drivers who operate solely intrastate in order to deliver goods that were shipped via interstate commerce are exempt from the Federal Arbitration Act.
(7/24/20)Katherine Haennicke, Amy Schmitz
In this episode of the Arbitration Conversation Amy interviews Arbitrator Katherine Haennicke from the American Arbitration Association about pro se parties in arbitration.
(7/23/20)Carrie Shu Shang, Xiaoxiao Ma
Travel restrictions and social distancing needs during the COVID-19 pandemic have made virtual hearings and other types of technology assisted Online Dispute Resolution (“ODR”) the “new normal” of international commercial dispute resolution.
While most explained Awards focus on factual issues, this employment arbitration (discussing a firms duty to cover legal fees of one of its former officers) hinges on issues of law, primarily statutory and contract construction.
The Thai Arbitration Institute (TAI) Law Journal is a new journal focusing on both the theory and practice of arbitration. The deadline for receiving manuscripts for the inaugural issues is August 24, 2020, and may be written in English or Thai.
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This Webinar highlights the racial disparities that undermine the inclusiveness and diversity necessary for international arbitration, and discussing ways to ensure that the renewed calls for racial diversity are heeded in the practice of international arbitration.