The penalized party argues that there was no such provision in the contract.
The penalty was for his alleged involvement in deflating footballs in the AFL championship game.
And to comply, the request to mediate and its subsequent refusal must be clear and explicit.
By Lisa Renee Pomerantz
A look at the fundamental weaknesses in the suggestion that class action litigation is the best mechanism for resolving consumer complaints.
By Alvaro J. Peralta
Key questions remain after Italian Colors and in light of rules proposed by the CFPB and congressional legislation.
By Sarah Espinosa
Don't wait until after an award is issued to investigate or allege arbitrator malfeasance if such information could be discovered prior to the award.
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)
Litigation today is more global, resulting in an increase of non-English speakers as part of the process. Listen as John Pinney gives some best practices for how to take a deposition with an interpreter. (11:29 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)
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.
Registration for the conference “How International Should International Commercial Arbitration Be?” is now open.
Registration for the Conference on Exploring Critical Issues in Arbitration is now open.
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.
According to the statistics there is a decrease in new case filings compared to December 2014.
Most studies show that arbitration is faster and less expensive than litigation.
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.
The American Arbitration Association has revised the Construction Arbitration Rules and Mediation Procedures effective July 1, 2015.
The National Futures Association reports that it has seen a slight increase in claims for the first half of 2015 compared to last year.