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Arbitration, Mediation, ADR Viewpoints Blog

Articles: 1-10 of 52

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…

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…

After Granting a Motion to Compel Arbitration, a Court Operating Under the FAA Should Stay, Not Dismiss, the Pending Suit. And Then What?

USA - August 13 2018 After granting a motion to compel arbitration, should a court operating under the FAA stay or dismiss the pending judicial proceeding? While the…

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…