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Never too Late to Arbitrate: Texas Supreme Court Compels Employment Arbitration after Nine Years of Litigation

USA - September 2 2022 On 22 April 2022, the Texas Supreme Court opened a new chapter in the sage of In re Whataburger Rests., No. 21-0165 (Tex. Apr. 22, 2022) by upholding…

WhatsApp your Witness: Fifth Circuit finds Witness Coaching via Text during Deposition was “Discoverable” in Arbitration Proceeding

Canada, USA - August 26 2022 In 2022, it isn’t uncommon to text a friend asking for advice or help. What is uncommon, is texting your witness during a deposition in order to…

First Encounter with Morgan: Ninth Circuit Tests SCOTUS Ruling for Waiver of Right to Arbitrate

USA - August 22 2022 In March of this year, the US Supreme Court (“SCOTUS”) ruled in the matter of Morgan v. Sundance Inc., a seminal case that resolved a circuit split…

UK Ministry of Justice unveils Proposal for Mandatory Mediation

Canada, United Kingdom - August 18 2022 In late July 2022, the UK Ministry of Justice introduced a proposal for a mandatory mediation mechanism that would serve as a prerequisite for any…

High Court of England and Wales sets forth a Test for the Validity of Arbitrator Appointments

United Kingdom - July 26 2022 Appointing an arbitrator is considered to be the first challenge parties face with arbitration. Let alone that their future more or less lies in the…