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News & Developments »

AAA Unveils Enhanced International Arbitration Rules

Revisions to the AAA's International Dispute Resolution Procedures codify certain well-established administrative practices and introduce several new provisions to achieve the highest levels of process efficiency.


Classwide Arbitration Is Gateway Issue for the Courts

Whether and when to allow class actions has been one of the hottest issues in arbitration law in recent years. The Third Circuit has joined the Sixth in deciding that whether an arbitration agreement authorizes classwide arbitration is a "gateway" issue for the courts.


Forum-Selection Clause Supersedes Right to FINRA Arbitration

The Second Circuit agrees with the Ninth Circuit and not the Fourth.


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 »

Executive Order Limits Use of Arbitration By Federal Contractors

On July 31, 2014, President Obama issued an Executive Order on Fair Pay and Safe Workplaces. Read more.


SEC Approves FINRA Rule 2081 Relating to Expungement of Customer Dispute Information

On July 30, 2014, the SEC approved FINRA Rule 2081 (Prohibited Conditions Relating to Expungement of Customer Dispute Information). Read more.


LCIA Released a Revised Set of Its Arbitration Rules

On July 25, 2014, the London Court of International Arbitration (LCIA) released a revised set of its arbitration rules. Read more.

 

Alternative Dispute Resolution Leadership

Cochairs Web Editors Newsletter Editor
Bruce Rubin

Portland, OR


Carlos Rodriguez Vidal

San Juan, Puerto Rico


Mitchell L. Marinello

Chicago, IL


Christopher S. Moore

Chicago, IL


P. Jean Baker

Washington, D.C.