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Practice Points »

Second Circuit Reaffirms Manifest Disregard of Law as a Valid Ground for Vacature

The decision highlights a split among the circuits.

 

A Website User's Assent to Arbitration Terms Is Required

"Clicks" through a website is not a valid way to enter a customer into a contract.

 

Sabotage of Arbitration Results in Dismissal of Lawsuit

It's in a party's best interest to act in good faith.



Articles »

The Court, Not the Arbitrator, Decides the Validity of an Agreement Containing an Arbitration Clause

By Komal Chokshi

If the parties had chosen the FAA as the controlling law, the result would have been different.

 

Inconsistent as to One, Inconsistent as to All: Sometimes It's Too Late to Arbitrate

By Adwoa Ghartey-Tagoe Seymour and Christian J. Bromley

Employers who proceed with litigating collective actions may waive their contractual rights to arbitrate as to all plaintiffs, regardless of opt-in date.

 

Does the FAA Preempt California's Severability Rule as Applied to Arbitration Agreements?

By Charles E. Harris II, Sarah E. Reynolds, and Logan A. Steiner

Settlement moots a case in which the Supreme Court would have decided the issue.


 
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.

 

July 20, 2016: Section of Antitrust Law—Save the Date!

Registration for the webinar “CFPB's Proposed Arbitration Ban—What You Need To Know” is now open open.

 

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.