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Searching Content indexed under Trials & Appeals & Compensation by Gilbert Samberg ordered by Published Date Descending.
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Calling SCOTUS: Sixth Circuit Re-Establishes Circuit Split Re U.S. Discovery In Aid Of Foreign Commercial Arbitration (28 U.S.C. § 1782)
The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration proceeding constitutes a ...
United States
16 Oct 2019
2
"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
3
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
4
"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
5
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
6
Seventh Circuit Agrees That Class Arbitrability Is A Gateway Question Presumptively For The Court, Then Apparently Ignores The Delegation Issue
The Seventh Circuit Court of Appeals has joined five other Circuits in determining, unremarkably, that class or collective arbitrability is a gateway question that is presumptively for the court to decide.
United States
4 Nov 2018
7
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
8
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
9
Is "Class Arbitration" An Oxymoron?
"Class arbitration" — the utilization of a class action mechanism in an arbitration proceeding — is considered by some to be the unicorn of ADR; desirable but elusive.
United States
20 Apr 2017
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