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News & Developments »

What NOT to Do When Drafting an Arbitration Clause

Vonage's arbitration provision is held procedurally and substantively unconscionable.

 

$600 MM Award Based On Sanction Is Confirmed

The case concerned the alleged theft of trade secrets and breach of a non-compete agreement.

 

Third Circuit Rejects Estoppel Finding and Reverses Order Compelling Arbitration

An insurer is not required to arbitrate without a written agreement with the debtor.

 


Articles »

Pre-Award Removal of an Arbitrator

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.


Arbitrability of Preclusive Effect of Prior Confirmed Award

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.


Do Arbitration Clauses Survive Termination of the Contract?

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.

 


Sound Advice »

audio Lawyering with Planned Early Negotiations

By John Lande

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!


audio Settlement Counsel—It Just Makes Sense

By Eric O. English and Paul Genender

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)

 


Announcements »

November 3–4, 2014: Atlas Conference—SAVE THE DATE!

Register now for the conference “Enhancing Business Opportunities in Africa: The Role, Reality, and Future of Africa-Related Arbitration”.


November 18, 2014: ABA Section of Dispute Resolution—SAVE THE DATE!

The ABA Section of Dispute Resolution’s Webinar “The Role of Gender in ADR” is now open.


November 20, 2014: ABA Section of Dispute Resolution—SAVE THE DATE!

Registration for the ABA Section of Dispute Resolution's Webinar “Dispute Resolution in China” is now open.

 

 

Alternative Dispute Resolution Leadership

Cochairs Web Editors Newsletter Editor
Louis Burke

New York, NY


Carlos Rodriguez Vidal

San Juan, Puerto Rico


Bruce Rubin

Portland, OR


Mitchell L. Marinello

Chicago, IL


Christopher S. Moore

Chicago, IL


P. Jean Baker

Washington, D.C.