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News & Developments »

District Court Enforces Arbitration Clause in Employment Contract

"Take it or leave it" contract found to be valid and enforceable.

 

Refusal to Compel Non-Signatory to Arbitration in Negligence Case

Fifth Circuit has refused to enforce a mandatory arbitration provision against the spouse of a customer.

 

Statutory Attorney Fees Claim Ruled Arbitrable Despite Contrary Illinois Precedent

Seventh Circuit reverses motion and directs trial court to order arbitration.

 


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 »

CPR Issues New Rules Effective December 1, 2014

The CPR International Institute for Conflict Prevention and Resolution has issue its new rules for Administered Arbitration of International Disputes.

 

ABA Section of Dispute Resolution—SAVE THE DATE!

Registration for the ABA Section of Dispute Resolution "Before the Session Starts: How to Prepare for Mediation," January 13, 2015, is now open.


SEC Approves Amendments to the Codes of Arbitration Procedures

Arbitrator honoraria increased for the first time in 15 years.


 

Alternative Dispute Resolution Leadership

Cochairs Web Editors Newsletter Editor
Louis Burke

New York, NY


Carlos Rodríguez-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.