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News & Developments »

Clickwrap Arbitration Agreement Upheld

The simple act of clicking a box creates binding agreements.

 

Arbitration Litigation Waiver Clause Blues

Unambiguous language should be used in every arbitration clause in a contract governed by New Jersey law.

 

Award Vacated Due to Arbitrator's Failure to Disclose

A panel member's investment firm had ties to one of the parties and its counsel.

 


Articles »

Ninth Circuit: Under AAA Rules, Arbitrator Decides Unconscionability

By Mark Kantor

Also, a discussion of the broader implication of the decision, including whether it applies to unsophisticated parties and outside the commercial area.

 

Ninth Circuit Reverses Mid-Arbitration Removal of Arbitrator

By Sheila J. Carpenter

Successful requests for judicial intervention have become even rarer.

 

Developments on Judicial Review under the FAA after Hall Street

By Theodore K. Cheng

The ability of parties to contractually modify the grounds for vacatur of arbitration awards is a subject of decisional percolation.

 

 

Sound Advice »

audio Arbitration and Mediation in Securities and Commodities Cases

By Louis F. Burke

As fewer cases go to trial, more lawyers are developing their skills of ADR. Louis Burke explains how securities and commodities use ADR in ways that are unique to many other areas of the law. (15:17 min)


audio Jury Verdict Surveys

By Bruce Rubin

Longtime litigator and expert witness Bruce Rubin shares why using survey results of comparable settlement cases is not always the best way to determine the numbers. (17:30 min)

 

audio Unilateral Arbitration Provisions

By Neal M. Eiseman

Though arbitration agreements are now fairly common, unilateral arbitration provisions are not.  Listen to Neal Eiseman explain the difference and how, if possible, to obtain an unilateral arbitration agreement for your clients. (06:05 min)

 


 
Announcements »

Program Proposal Reminder

Program proposals are due by September 10, 2015, for the Section Annual Conference meeting April 13–15, 2016, held in Chicago, IL.

 

September 16, 2015: ABA Section of Dispute Resolution—SAVE THE DATE!

Registration for the webinar "Balancing Party Control and Efficiency: Managing the Parties and Preparing for the Arbitration Hearing" is now open.

 

October 20–24, 2015: ABA Section of International Law—SAVE THE DATE!

Registration for the Section of International Law's Section Fall Meeting in Montreal QC, Canada, is now open.

 

AAA's Revised Construction Arbitration Rules and Mediation Procedures

The American Arbitration Association has revised the Construction Arbitration Rules and Mediation Procedures effective July 1, 2015.

 

Slight Increase in NFA Claims

The National Futures Association reports that it has seen a slight increase in claims for the first half of 2015 compared to last year.

 


 


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.