News & Developments »

Supreme Court Enforces "Right to Sue" Arbitration Agreement

The Supreme Court recently held that the CROA does not prevent credit-repair organizations from requiring consumers to arbitrate their claims.

Arbitration Agreement Prohibiting Employment Class Actions Invalid

The NLRB's decision may be challenged on the grounds that it conflicts with the Supreme Court’s decision in AT&T Mobility v. Concepcion.

Supreme Court Invites Piecemeal Litigation and Procedural Gamesmanship

Requiring non-signatories to pursue their claims in both a judicial and arbitral forum will most likely invite procedural gamesmanship.

Articles »

Arbitration and Class Actions: A Bleak Future?

The Southern District of New York recently cited Concepcion as authority to enforce arbitration agreements.

Finding Commonality: The Lessons of Dukes for Class Litigation

Cases explaining the requirements of Rules 23(a) and (b) are instructive for arbitrators at/litigation/mo/premium-lt/articles/ting to apply the parallel arbitration rules.

Texas General Arbitration Act Allows for Expanded Judicial Review

The Naftka Traders court held that the TAA allows parties to contract for expanded review of arbitration awards.

Announcements »

ABA Dispute Resolution Section ADR Workshop—April 21, 2012

The International Committee of the DRS is pleased to invite you to attend a special workshop, which will take place on April 21, 2012 in Washington D.C.

"Civility in Public Discourse" Resolution Passes House of Delegates

At the ABA Annual Meeting in August 2011, the House of Delegates adopted Resolution No. 108 entitled "Civility in Public Discourse." The full text of the Resolution is on the ABA's website.

While addressing all venues for civil discourse, the Resolution No. 108 call for a more civil public discourse has particular applicability in the litigation context; moreover, ADR practitioners have a significant role to play in promoting civility in public discourse. Read the full announcement.

Distance CLE "Ten Things Lawyers Love/Hate About Mediators"

The recent CLE teleconference, "Ten Things Lawyers Love/Hate About Mediators," was very positively received. You can find the program materials here.