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ADR: Advice from the Trenches Blog

Articles: 1-10 of 47

Who May Determine Whether Class Arbitration Is Authorized?

USA - August 1 2018 Who may determine whether “class arbitration” has been authorized by the parties to an arbitration agreement — a court, an arbitrator, either…

Are Third-Party Funding Costs Recoverable in Arbitration?

United Kingdom, USA - July 23 2018 Third-party litigation and arbitration funding is increasingly being utilized in the United States. Are the corresponding financing costs recoverable…

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…

A Proposal: Adopt a “Clear and Unmistakable” Standard to Determine If Parties Have Agreed to “Class Arbitration”

USA - July 9 2018 The U.S. Supreme Court has ruled that “class arbitration” may be permitted if an arbitration agreement authorizes it, Stolt-Nielsen v. AnimalFeeds…

Can Arbitrability Questions Concerning a Non-Signatory to the Arbitration Agreement Be “Delegated” to an Arbitrator?

USA - June 27 2018 “Gateway” arbitration issues, including the validity, enforceability, and scope of an arbitration agreement, are presumptively to be decided by a…

SCOTUS Throws a Haymaker at “Class Arbitration”: a Waiver of Class Arbitration in an Employment-Related Agreement Is Indeed Enforceable

USA - June 21 2018 The majority of a divided (5-4) SCOTUS recently held that a waiver of “class arbitration” in agreed terms of employment is indeed enforceable. In…

#MeAgain: New York Appellate Court Applies State Law to Vacate Arbitration Award As a Violation of Public Policy (Prohibiting Workplace Harassment)

USA - June 12 2018 Lest we forget, many are the arbitrations that are subject to state arbitration law rather than the Federal Arbitration Act (“FAA”). And one should…

An Arbitrator’s Power May Be Greater Than That of a Judge

USA - June 7 2018 Arbitration is a creature of contract, and an arbitrator’s powers are in effect defined by the parties’ arbitration agreement. Paradoxically, although…

Arbitration Jiu Jitsu: Increasing the Pressure to Settle With a “Sealed Settlement Offer”

USA - May 23 2018 The cost of arbitration, including attorneys’ fees, can be substantial, commensurate with the matters in dispute. Your desire to settle a dispute that…

Must Your Dispute Be Arbitrated? You May Be Entitled to Discovery to Find Out.

USA - May 9 2018 In a proceeding under the Federal Arbitration Act (“FAA”) to determine if a dispute must be arbitrated, a federal district court performs a more…