Searching Content indexed under Arbitration & Dispute Resolution by Mintz ordered by Published Date Descending.
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California Supreme Court Delivers PAGA Win For Employers
In a significant victory for California employers who use arbitration agreements, the California Supreme Court ruled
United States
20 Sep 2019
Incorporation By Reference Of A Commercial Contract's Arbitration Clause Can Bind A Non-Signatory Performance Bond Surety
Heads up, sureties! (And all other contracting parties.) Incorporation by reference of the terms of one agreement into another is a classical common law basis for binding
United States
11 Sep 2019
New Convention Aims To Make Mediated Settlements An Attractive Means Of Resolution Of International Disputes . . . But Will It?
The United States joined 45 other countries on August 7, 2019 as the initial signatories of the UN Convention on International Settlement Agreements Resulting from Mediation
United States
4 Sep 2019
Judge Rakoff Unseals Documents In Petrobras Securities Class Action To Allow Use In Foreign Arbitration, Bypassing Traditional Requirements Of 28 U.S.C. § 1782
Years after Plaintiffs brought a federal securities complaint against Petrobras, and more than a year after the case settled for approximately $3 billion, Judge Jed S. Rakoff
United States
16 Aug 2019
Who Decides The "Class Arbitrability" Issue: Fifth Circuit Joins Consensus That It Is A Court, Not An Arbitrator, But Evidently Missed The Memo From SCOTUS About The Exception
Add the Fifth Circuit to the growing list of Federal Circuit Courts that have decided that "class arbitrability" is a gateway question for a court, rather than an arbitrator
United States
7 Aug 2019
The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate
Federal law nowadays certainly favors enforcement of agreements to arbitrate. But generally applicable state contract law determines contract formation – i.e
United States
1 Aug 2019
SDNY Judge Rules Agreements To Arbitrate Sexual Harassment Claims Are Enforceable, Despite New York Law
A New York Federal District Court Judge ruled last week that an agreement to arbitrate sexual harassment claims is enforceable despite a New York law prohibiting mandatory arbitration agreements
United States
17 Jul 2019
Application To Compel Arbitration Under New York CPLR 7503: What Does It Mean To Be "Aggrieved"?
A party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration.
United States
21 Jun 2019
The Bubbler - June 2019
The court's ruling serves as an illustration that noncompliant practices can have very costly effects on employers.
United States
21 Jun 2019
Establishing Jurisdiction Over Federal Court Motions To Confirm, Vacate Or Modify Domestic Arbitral Awards
As discussed in earlier posts, the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1, et seq., does not provide an independent basis for federal subject matter jurisdiction over federal court
United States
30 May 2019
"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
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