Take care when drafting dispute-resolution clauses.
Are class arbitrations for the court or an arbitrator to decide?
The price of admitting the truth can be quite steep.
By Sheila J. Carpenter
Recusals may be easier to obtain in arbitration than in a courtroom, but judicial assistance in removing an arbitrator is rare. Recently, two courts have taken that unusual step.
By Monique Sasson
The First Circuit shines a guiding light on whether the preclusive effect of a prior arbitration is arbitrable. It is, including in circumstances where the first award has been confirmed by a federal court order.
By Clarence Westbrook
In a case of first impression, the Sixth Circuit determined that the parties' omission of the arbitration clause from the survival clause did not constitute a "clear implication" or "positive assurance" that the parties intended the arbitration clause to have no post-termination effect.
Hear law professor and author John Lande outline the advantages of working closely with opposing counsel—before and during a trial. Despite attorney fears of appearing weak this type of strategy often serves both the attorneys and their clients. (11:28 min) Save 20% when you purchase the book!
Eric English and Paul Genender describe the use of settlement counsel during trials. Although they are not always needed, hiring settlement counsel can make life easier for the trial counsel and may help your client achieve their desired outcome. (11:28 min)
The U.S. Consumer Finance Protection Bureau will hold a field hearing on consumer finance arbitration in Newark, New Jersey
A rule change is filed with the SEC to amend the codes of arbitration procedure relating to cancelling or postponing a hearing.
The Federal Industry Regulatory Authority has recently released statistics about its past and present case load.
CaseXplorer Arbitration, an online tool that enables users to get an objective evaluation of the strength of their arbitration case, is now available from the American Arbitration Association and DecisionQuest.