Searching Content indexed under Arbitration & Dispute Resolution by Mintz ordered by Published Date Descending.
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"Interim Measures" In Arbitration: Requiring Pre-Hearing Security For Payment Of An Eventual Final Award
Can an arbitrator require an arbitrating party to post collateral prior to a hearing on the merits of the substantive claim(s) as security with respect to payment of a possible final award
United States
20 May 2019
You'll Have To Say It If You Mean It: Supreme Court Holds That Agreement To Permit "Class Arbitration" Must Be Express And Unambiguous
Predictably, the U.S. Supreme Court has ruled in Lamps Plus, Inc. v. Varela, No. 17-988, 2019 U.S. LEXIS 2943 (U.S. April 24, 2019),
United States
20 May 2019
A Friendly Reminder To Employers To Ensure Clarity About Individual Arbitration In Light Of The Newest SCOTUS Ruling On Agreements To Arbitrate
Our colleague Gil Samberg offers analysis of the U.S. Supreme Court's recent decision in Lamps Plus, Inc. v. Varela, which held that neither silence nor ambiguity in an arbitration agreement
United States
17 May 2019
What Is A "Reasoned" Arbitration Award?
It is not unusual for an arbitration agreement to require, expressly or impliedly, a "reasoned award."
United States
23 Apr 2019
FAA Procedures Supersede The Federal Rules In Judicial Proceedings Concerning Arbitrability; Then The Courts Make It Complicated
You are in federal court facing a motion to compel arbitration, and you reach for your well-worn copy of the Federal Rules of Civil Procedure in order to confirm how to go about your next step...
United States
9 Apr 2019
Discoverability Of Third Party Funding Documents In Arbitration – Part II
In January, in Part I of this post, we discussed the "relevance" factor in determining the discoverability of litigation funding agreements and correspondence with funders. (For these purposes, the word "litigation" means adjudicated dispute resolution generally.)
United States
2 Apr 2019
Does The Physical Or Mental Impairment Of A Party Make An Arbitration Agreement Voidable?
For an arbitration agreement to be enforceable, the parties must have a reasonable opportunity to understand its terms. See Fagerstrom v., Inc., 141 F. Supp. 3d 1070 (S.D. Cal. 2015).
United States
14 Mar 2019
"Just What Was Needed": Another Way To Waive A Right To Arbitrate
Want to give up a contractual right to arbitrate? Easy. Don't seek to enforce it. For example, just litigate for awhile and don't mention your arbitration clause.
United States
5 Mar 2019
How To Enforce An Arbitration Subpoena: Jurisdiction And Venue Basics
The Federal Arbitration Act §7 (9 U.S.C. §7) enables arbitrators to "summon … any person to attend before them or any of them as a witness and in a proper case to bring with him or them any [document] which may be deemed material as evidence in the case."
United States
15 Feb 2019
The Bermann Objection: Re-Thinking The "Clear And Unmistakable" Manifestation Test Re Who Decides Arbitrability Issues
Gateway issues of arbitrability are presumptively for a court, rather than an arbitrator, to decide in the first instance. First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (1995).
United States
14 Feb 2019
Discoverability Of Third Party Funding Agreements In Arbitration – Part I
The use of third party funding of arbitration and litigation proceedings provides broader access to formal claim resolution mechanisms
United States
1 Feb 2019
Judicial "Wholly Groundless" Doctrine Regarding Delegation Of Arbitrability Issues Is Wholly Groundless Under The FAA
The U.S. Supreme Court has decided that the Federal Arbitration Act ("FAA") requirement that courts enforce arbitration agreements according to their terms.
United States
14 Jan 2019
Consolidation Of Arbitrations Is A Procedural Matter Presumptively For The Arbitrator To Decide In Accordance With The Parties' Agreement
Since arbitration is a process of dispute resolution in accordance with a private agreement, the question of consolidation of arbitral proceedings ought to be determined in the same manner as other procedural issues.
United States
8 Jan 2019
Physician's Response To A Public Patient Complaint Leads To Penalty Under HIPAA
The U.S. Department of Health and Human Services, Office for Civil Rights recently announced a no-fault settlement, including a $125,000 penalty and a two year corrective action plan for Allergy Associates of Hartford, P.C.
United States
10 Dec 2018
How To Compel Arbitration When Litigation Is Commenced In State Court
In a previous post, we addressed what may happen when a defendant in federal litigation seeks to compel arbitration under Ch. 1 of the Federal Arbitration Act, 9 U.S.C. § 4, but the applicable arbitration agreement ...
United States
3 Dec 2018
New Rules Of The Hong Kong International Arbitration Centre Arguably Foster Collective And Opt-In Class Arbitration
The Hong Kong International Arbitration Centre ("HKIAC") has promulgated a new set of Administered Arbitration Rules ("AAR"), effective November 1, 2018.
United States
23 Nov 2018
Non-Signatory To Arbitration Agreement Cannot Compel Arbitration When New York Convention Applies
The Eleventh Circuit Court of Appeals held recently that it could not compel arbitration demanded by a non-signatory to an arbitration agreement when the New York Convention applied.
United States
25 Oct 2018
Eleventh Circuit Adjudicates The Delegation Issue With Respect To "Class Arbitrability" No Differently Than For Bilateral Arbitration; But Who Is Bound?
The U.S. Supreme Court has pointed out consistently in recent years that the relatively new construct of "class arbitration" is very different from your uncle's classic bilateral arbitration.
United States
18 Oct 2018
Vacatur Of An Arbitration Award In An FAA Case On Non-FAA Grounds
In an unusual decision in an unusual case—a dispute between sovereigns—a U.S. appellate court recently vacated a domestic arbitration award on grounds other than those provided in Section 10...
United States
11 Oct 2018
FLSA Collective Action Provision, Too, Does Not Make Mandatory Bilateral Arbitration Agreements Unenforceable
In our sister blog, ADR: Advice from the Trenches, Gil Samberg explains the Sixth Circuit's ruling, applying the Supreme Court's reasoning in the recent Epic Systems case, that the "collective action" ...
United States
5 Sep 2018
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