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Todd Rosenbaum

Mintz

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How to Compel Arbitration When Litigation Is Commenced in State Court

USA - November 29 2018 In a previous post, we addressed what may happen when a defendant in federal litigation seeks to compel arbitration under Ch. 1 of the Federal...


The Potential Pitfalls of Contesting Arbitrability in the Arbitration

USA - July 16 2018 When an agreement to arbitrate contains a clear and unmistakable “delegation” provision, gateway questions of arbitrability are for the arbitrator to...


Pre-Arbitration Discovery: Turn to State Law Where the Federal Rules are Inadequate

USA - March 26 2018 As discussed in an earlier post, obtaining discovery from a non-party to an arbitration often is easier said than done. Depending on the law of the...


Document Discovery From Non-Parties in Commercial Arbitration: Availability and Practical Considerations

USA - October 3 2017 Litigators in the U.S. often take for granted the ease with which they can obtain discovery from non-parties in our federal and state courts. One...


The Spectre That Haunts Motions to Compel Arbitration: Venue

USA - July 10 2017 When a claimant who is party to an arbitration agreement initiates litigation of arbitrable claims, the defendant in that case typically expects to be...