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Arbitration, Mediation, ADR Viewpoints Blog

Articles: 1-10 of 58

Judicial “Wholly Groundless” Doctrine Regarding Delegation of Arbitrability Issues is Wholly Groundless Under the FAA

USA - January 9 2019 The U.S. Supreme Court has decided that the Federal Arbitration Act (“FAA”) requirement that courts enforce arbitration agreements according to their…

Consolidation of Arbitrations is a Procedural Matter Presumptively For the Arbitrator to Decide in Accordance With the Parties’ Agreement

USA - January 2 2019 Since arbitration is a process of dispute resolution in accordance with a private agreement, the question of consolidation of arbitral proceedings…

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…

New Rules of the Hong Kong International Arbitration Centre Arguably Foster Collective and Opt-In Class Arbitration

Hong Kong - November 6 2018 The Hong Kong International Arbitration Centre (“HKIAC”) has promulgated a new set of Administered Arbitration Rules (“AAR”), effective November 1…

Seventh Circuit Agrees That Class Arbitrability is a Gateway Question Presumptively for the Court, Then Apparently Ignores the Delegation Issue

USA - October 30 2018 The Seventh Circuit Court of Appeals has joined five other Circuits in determining, unremarkably, that class or collective arbitrability is a gateway…

Eleventh Circuit Adjudicates the Delegation Issue with Respect to “Class Arbitrability” No Differently Than for Bilateral Arbitration; but Who Is Bound?

USA - October 16 2018 The U.S. Supreme Court has pointed out consistently in recent years that the relatively new construct of “class arbitration” is very different from…

Vacatur of an Arbitration Award in an FAA Case on Non-FAA Grounds

USA - October 9 2018 In an unusual decision in an unusual case—a dispute between sovereigns—a U.S. appellate court recently vacated a domestic arbitration award on grounds…

Non-Signatory to Arbitration Agreement Cannot Compel Arbitration When New York Convention Applies

USA - August 30 2018 The Eleventh Circuit Court of Appeals held recently that it could not compel arbitration demanded by a non-signatory to an arbitration agreement when…

Fair Labor Standards Act Collective Action Provision Too Does Not Make Agreement to Mandatory Bilateral Arbitration Unenforceable

USA - August 27 2018 When the Supreme Court ruled recently that the “concerted activities” provision of the National Labor Relations Act (“NLRA”) did not make a…

The Right to Compel Arbitration Under the FAA Can Be Overridden by Another Federal Statute

USA - August 20 2018 The Federal Arbitration Act (“FAA”) reflects a strong federal policy in favor of arbitration. In extraordinary cases, however, a dispute that…