The decision highlights a split among the circuits.
"Clicks" through a website is not a valid way to enter a customer into a contract.
It's in a party's best interest to act in good faith.
The Court, Not the Arbitrator, Decides the Validity of an Agreement Containing an Arbitration Clause
By Komal Chokshi
If the parties had chosen the FAA as the controlling law, the result would have been different.
By Adwoa Ghartey-Tagoe Seymour and Christian J. Bromley
Employers who proceed with litigating collective actions may waive their contractual rights to arbitrate as to all plaintiffs, regardless of opt-in date.
By Charles E. Harris II, Sarah E. Reynolds, and Logan A. Steiner
Settlement moots a case in which the Supreme Court would have decided the issue.
Boyarsky talks on the integral part exception to section 5 of the FAA, including a discussion of the December 2015 cert petition in Golden Living Center v. Wert. (9:22 min)
Listen as Harout Samra discusses the recent and surprising developments with regard to the T.T.P. and the sweeping changes in how investors state disputes are going to be resolved. (7:34 min)
Too often people view conflict as an either-or proposition. Professor and author Bernie Mayer describes seven key polarities that can all lead to conflict resolution—not simply a "winner" and a "loser." (11:24 min)
Presented by the Alternative Dispute Resolution and Securities Litigation Committees
We know that in complex commercial litigation choosing the correct expert is an essential step in putting your case together. What happens when you mediate the resolution of your case? Under what circumstances should you bring your expert to the mediation? This practical Roundtable will explore the various ways of using your expert in connection with mediating the settlement of your case. Join us for a lively discussion between seasoned litigators, an expert and a mediator on this important issue. (56:25 min)
Even though it’s just the middle of summer, we need program proposals by August 22, 2016, for the Section Annual Conference meeting in April 2017 held in San Francisco.
Registration for the webinar “CFPB's Proposed Arbitration Ban—What You Need To Know” is now open open.
The ADR Committee is very proud to announce the formation of two new Subcommittees: the Women in Dispute Resolution Committee and the Dispute Counseling and Advocacy Committee.
According to the Huffington Post, on March 11, 2016, the U.S. Department of Education proposed regulations that would bar pre-dispute arbitration agreements covering for-profit educational institutions.
CFPB recently issued a proposed rule for comments that would prohibit mandatory arbitration clauses that deny groups of consumers the option of filing class actions.
Read the director's speech about the effects on consumers of mandatory pre-dispute arbitration clauses and the steps the CFPB is taking to mitigate what they believe are harmful effects of these clauses.
Earlier in October 2015 the Consumer Financial Protection Bureau (CFPB) proposed a rule that will ban arbitration clauses that block group lawsuits so that consumers can take companies to court to seek relief from “free pass” arbitration clauses.