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Arbitration, Mediation, ADR Viewpoints Blog

Articles: 1-10 of 86

Enforcing Insurance Policy Arbitration Clauses: New York Convention Itself May Trump McCarran-Ferguson Act in the Federal Preemption vs. State Reverse-Preemption Battle

USA - February 14 2020 Battles persist concerning the enforceability of insurance policy arbitration clauses due to the conflict between (a) the U.S. Constitution’s…

An "Affirmative" Contractual Basis to Permit Class Arbitration Is Required by Eighth Circuit

USA - February 7 2020 Under the Federal Arbitration Act (“FAA”), “a party may not be compelled . . . to submit to class arbitration unless there is a contractual basis for…

Establishing Subject Matter Jurisdiction Over PostAward Motions in Federal Court: Split Deepens as Fifth Circuit Joins Three Others in Adopting “LookThrough” Analysis

USA - January 24 2020 As discussed in earlier posts, the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq., does not itself provide an independent basis for subject…

"Class Arbitration": Second Circuit Declines to Pull the Plug on Mechanism that SCOTUS Largely Scorns

USA - January 6 2020 “Class arbitration” signifies the utilization of the Fed.R.Civ.P. 23 protocol in an arbitration proceeding. A fundamental question among many…

When is an Interim International Arbitral Award “Final” Enough for Judicial Enforcement?

USA - December 18 2019 A federal court must of course have subject matter jurisdiction to entertain an application to confirm or enforce an arbitration award. Fortunately…

Federal Courts Should Rethink the Personal Jurisdiction Requirement of 28 U.S.C. § 1782

USA - November 12 2019 The increasingly popular federal statute concerning cross-border judicial assistance, 28 U.S.C. § 1782, enables a District Court to order a “person”…

Second Circuit Affirms the Extraterritorial Discovery Reach of 28 U.S.C. § 1782

USA - November 4 2019 The increasingly popular federal statute concerning cross-border judicial assistance, 28 U.S.C. § 1782, enables a District Court to order a “person”…

Waiving Claims for Public Injunctive Relief in California Arbitration Agreements: The McGill Rule on Appeal

USA - October 18 2019 The inclusion in arbitration clauses of a waiver of public injunctive relief has gained popularity generally, but such a waiver is currently…

Can a Settlement Agreement Be Converted to an Arbitration Award That is Enforceable Under the New York Convention?

USA - October 11 2019 Here is an interesting scenario: the parties to a cross-border commercial relationship have a dispute; they have an agreement to arbitrate…

Calling SCOTUS: Sixth Circuit Re-Establishes Circuit Split Re U.S. Discovery In Aid of Foreign Commercial Arbitration (28 U.S.C. § 1782)

USA - October 4 2019 The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration…