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ADR: Advice from the Trenches Blog

Articles: 1-10 of 27

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, “[t]he 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…

An Employer’s Notice to Employees of a Mandatory Arbitration Program May be Insufficient Basis to Compel Arbitration

USA - January 31 2018 Arbitration is of course a creature of contract, and so a party may not be compelled to arbitrate unless it has agreed, or is deemed to have agreed…

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…

On-line Arbitration Agreements: A Tale of Two “Click Wraps”

USA - August 28 2017 What makes an on-line arbitration agreement binding against a website user? In Meyer v. Uber Technologies, Inc., 2017 U.S. App. LEXIS 15497 (2d Cir…

What In-House Counsel Need To Know About Their Form Arbitration Clauses - Ten Foundation Questions

USA - August 16 2017 Most arbitrations, and all commercial arbitrations, are creations of contract, and courts are generally required to enforce an arbitration agreement…

Class Arbitration: Contractual “Crickets” Are Sufficient for Ninth Circuit to Determine That Class Arbitration Is Permitted, Distinguishing Stolt-Nielsen

USA - August 9 2017 When is “silence” in an arbitration clause concerning class arbitration not “Stolt-Nielsen silence”? And what is the difference between a “claim” and…

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

USA - July 31 2017 In a recent series of articles, we asked whether “class arbitration” — meaning the utilization of a Fed. R. Civ. P. 23 class action protocol in an…

Keeping the Lights On For Your Ancillary Proceeding in Federal Court: When “Dismissed Without Prejudice” Means “Stayed”

USA - July 17 2017 Do you ever have days when you are not your most eloquent self, the words come out in a jumble, or they are just not precisely what you intended? So…

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…