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Whiplash: When a Court Finds That the Parties’ Claims Are Within the Scope of a Valid Arbitration Agreement, But It Will Not Compel Arbitration

USA - April 17 2018 Is there such a thing as an arbitration joke? Here is a test. Two plaintiffs walk into a court, claiming that each was wrongfully terminated by a bank...


“Ambiguity” Is Not a Basis to Deny a Petition to Enforce a Foreign Arbitration Award

USA - March 12 2018 The drive in the Second Circuit to clarify the rules regarding confirmation and enforcement of various types of arbitration awards continues. The...


Is “Class Arbitration” an Oxymoron Another Shoe Drops in the Second Circuit

USA - February 20 2018 In a series of articles over the past several months, we asked whether “class arbitration” meaning the utilization of the Fed.R.Civ.P. 23 class...


Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. 1782 Also Requires Personal Jurisdiction Over The Subpoena Target

USA - February 13 2018 Under 28 U.S.C. 1782, “the district court of the district in which a person resides or is found may order him to . . . produce a document for use...


A Belated Judicial Determination Regarding Whether a Party Is Bound By An Arbitration Agreement Requires a “De Novo” Proceeding

USA - February 6 2018 Typically, the issue of whether a party is bound by an arbitration agreement is raised in a judicial motion to compel under Section 4 of the Federal...