The case emphasizes the importance of fully thinking through one's litigation strategy—including its risks—before taking action.
Concepcion had invalidated the California statute at issue on the ground that it was preempted by the FAA.
An example of the state's hostility towards arbitrating in the consumer context.
By Edmund J. Sikorski, Jr.
Impasse avoidance techniques in monetary claims.
By Quinton M. Herbert
Absent clear and unambiguous conflict, courts should enforce arbitration agreements.
By Marcia L. Adelson and Joan D. Hogarth
Texas court declined to consider other reasons when it vacated an arbitration award due to its being issued late.
As fewer cases go to trial, more lawyers are developing their skills of ADR. Louis Burke explains how securities and commodities use ADR in ways that are unique to many other areas of the law. (15:17 min)
Longtime litigator and expert witness Bruce Rubin shares why using survey results of comparable settlement cases is not always the best way to determine the numbers. (17:30 min)
Though arbitration agreements are now fairly common, unilateral arbitration provisions are not. Listen to Neal Eiseman explain the difference and how, if possible, to obtain an unilateral arbitration agreement for your clients. (06:05 min)
Registration for the presentation “SCOTUS Has Spoken: Arbitration Clauses in the Wake of DirecTV v. Imburgia” is now open.
Registration for the webinar "What is the Relevance of the Joint Opening Session in Today’s Commercial Mediation Process?" is now open.
Mitchell L. Marinello and Anthony M. DiLeo will speak on “The Outer Limits of Arbitral Jurisdiction: Who Decides and When?” at the event in New Orleans.
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.