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Arbitration and Class Actions: A Bleak Future?

By Jacqueline A. Chamberlain

The Southern District of New York recently cited Concepcion as authority to enforce arbitration agreements.


Finding Commonality: The Lessons of Dukes for Class Litigation

By Jeffrey Krausman and John Lande

Cases explaining the requirements of Rules 23(a) and (b) are instructive for arbitrators at/litigation/mo/premium-lt/articles/ting to apply the parallel arbitration rules.


Texas General Arbitration Act Allows for Expanded Judicial Review

By Gabrielle Jackson

The Naftka Traders court held that the TAA allows parties to contract for expanded review of arbitration awards.


When Non-Signatories Compel Arbitration, Relationships Matter

By Gilda R. Turitz

The relationship among parties is a key factor in determining the outcome of a non-signatory’s motion to compel arbitration.


When Is an Arbitration Award Final for Purposes of Collateral Estoppel?

By Alexander O. Canizares

Applying issue preclusion to arbitration has proven difficult and unpredictable, complicated in part by perceived differences between arbitration and litigation.


Seventh Circuit Allows Arbitrator to Hear Dispute over Original Award

By Adam Waskowski


Discovery Subpoenas in Arbitration—Due Care Required

By David T. Lopez


When Is Arbitration a Tribunal under 28 U.S.C. § 1782?

By Jonathan Straw


Ninth Circuit Departs from Fifth Circuit's Prohibition of Ex Parte Conduct by Arbitrators

By Olivia St. Clair


Negotiation Basics for Young Lawyers

By P. Jean Baker


Does a Federal Arbitration Privilege Apply in Arbitration Proceedings

By P. Jean Baker


How to Avoid an Insurance Carrier's Post Hoc Veto Power

By Randal L. Hutson


The Supreme Court Erects Another Roadblock to Challenging Arbitration

By Rebecca Callahan


Ten Things Lawyers Love/Hate about Mediators

By Jobi Halper


A Blow to Class Arbitration

By Brian T. Feeney


Young Lawyers: Selecting the Right Mediator

By P. Jean Baker


Chess Clock Arbitration

By Raymond A. Garcia, Nicole Liguori Micklich, and Michael V. Pepe


NLRB Strikes Down Employer’s Mandatory Arbitration Policy

By Kelly Petrocelli, Gerald F. Lutkus, and William A. Nolan


Private Mediation: A Quick Checklist

By Beatrice O'Donnell


Preventing a Runaway Arbitration with a Well-Drafted Arbitration Clause

By Patricia C. O'Prey and Gilda R. Turitz


The Evidentiary Hurdles of Arbitration

By Matthew K. Edling


Why Trial Lawyers Should Love Arbitration

By John Arrastia Jr.


Supreme Court Upholds Arbitration Anti-Class Provisions in AT&T Mobility LCC v. Concepcion

By Jobi Halper


Argument Leans Toward State's Right to Apply Unconscionability Standard in Consumer's Favor

By Jobi Halper


Ninth Circuit Reaffirms Narrow Scope of Review of Arbitration Awards

By Adam Waskowski

 

Choosing Arbitration in Construction Cases

By Neal M. Eiseman


What to Do When Insolvency Becomes an Issue in Mediation

By Rebecca Callahan


Halliburton/KBR Gang Rape Gives Employment Arbitration Provision Center Stage

By Jobi Halper


Supreme Court Curtails Federal Jurisdiction Over Arbitrability Disputes

By J. Noah Hagey


The Debate Continues Over the "Agreement in Writing" Requirement in International Arbitration

By James Hosking and Yasmine Lahlou


EEOC Mediation: An Early and Often-Overlooked Opportunity to Settle an Employment Dispute

By Jennifer B. Salvatore


Effective Use of Depositions at Tricbaral

By Jeffrey J. Kroll


The Secrets of Superstar Associates

By Tom Hentoff


Statutory Construction: Lessons from Recent Supreme Court Decisions

By Victoria Dorfman


Twelve Tips for Making Expert Testimony Come Alive

ByAron Levko