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  Alternative Dispute Resolution
Practice Points »

Supreme Court of Texas Denies Motion to Compel Arbitration on Alternate Ground

RSL Funding did not waive its right to arbitrate by bringing a "friendly" declaratory judgment action.

 

Eighth Circuit Affirms Arbitrator's Suspension of NFL's Peterson

The case was substantively identical to Deflategate.

 

Court of Arbitration in Sport Denies Russian Appeal of Olympic Ban

The ruling was based on a recommendation from the World Anti-Doping Agency.



Articles »

Eleventh Circuit Makes Vacatur Challenges More Difficult

By Jaya Sharma

A cautionary note for counsel seeking to challenge enforcement of an award and a road map for how to conduct a bulletproof arbitration.

 

Third-Party Discovery in Arbitration: Between a Rock and a Hard Place

By Anthony J. Rospert

Arbitration rules do provide some means to secure the information necessary to prosecute your case.

 

Chipping Away at the Enforceability of Class Waivers Requiring Arbitration of Employment Claims

By Carolyn G. Burnette

"Iskanian rule" affirmed, invalidating action waivers requiring individual arbitration of Private Attorneys General Act claims.


 
Sound Advice »

audio Integral Part Exception and Compelling Arbitration

By Stuart M. Boyarsky

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)

 

audio Expected Imp act of the Trans-Pacific Partnership

By Harout Samra

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)


audio Opportunities Through Paradoxes

By Bernie Mayer

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)

 

Roundtables »

audio How to Work with an Expert in Mediation: Practice Tips from the Mediator, Expert, and Lawyer

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)

 
Announcements »

Program Proposal Reminder

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.

 

September 30, 2016: Section of International Law—Save the Date!

Registration for ABA Section of International of Law 8th Annual Conference on the Resolution of CIS-Related Business Disputes is now open.

 

FINRA Proposed Rule Change to amend FINRA Rules 12504 (Customer Code) & 13504 (Industry Code)

On August 3, 2016, FINRA filed with the SEC a proposed rule change to amend FINRA Rule 12504 of the Code of Arbitration Procedure for Customer Disputes and FINRA Rule 13504 of the Code of Arbitration Procedure for Industry Disputes.

 

AAA Launches AAA À La Carte Services

The AAA’s À La Carte Services do not require end-to-end case administration, but permit parties to use various services as stand-alone procedures.

 

ADR Committee Launches Two New Subcommittees

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.

 

Dept. of Education Proposes to Bar Arbitration in For-Profit Schools

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.

 

May 3, 2016: CFPB Issues Proposed Rule

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.

 

CFPB Director Cordray Discusses Arbitration Provisions

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.

 

CFPB Proposed Rules

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.


 


Alternative Dispute Resolution Leadership

Cochairs Web Editors Newsletter Editor

Louis Burke

New York, NY


Tiffani Lee

Miami, FL


Harout Jack Samra

Miami, FL

Mitchell L. Marinello

Chicago, IL


Christopher S. Moore

Chicago, IL


P. Jean Baker

Washington, D.C.