News and Events for Attorneys and Executives

Arbitration & Mediation

Arbitrator’s Undisclosed Relationships Sink Oil and Gas Awards

News
The court found that the arbitrator lied when he “claimed that he did not have professional or social connections with the parties or witnesses.”

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Four Decisions Conclude Claims Outside Scope of Arbitration Agreement

Four Decisions Conclude Claims Outside Scope of Arbitration Agreement

Insight
Arbitration Nation discusses four recent decisions in which courts have found the parties’ dispute over the scope of an arbitration clause is not covered by their agreement.

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Court Holds That Arbitration Clauses Bind Nonsignatories Who Seek to Enforce Contracts

Insight
A post on the website of Pepper Hamilton describes a North Carolina case that involved non-signatories to a construction contract attempting to avoid the contract’s arbitration claim.

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Federal Courts Uphold Arbitration Agreements Via Email

Federal Courts Uphold Arbitration Agreements Via Email

News
Federal district courts in New York and New Jersey recently turned aside employee attacks on arbitration agreements challenged on the grounds that the employer’s communication of its arbitration policy via email was inadequate, reports the Gibbons Employment Law Alert.

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Argument Preview: How Should Courts Decide If Parties to an Arbitration Contract May Aggregate Their Claims?

Insight
SCOTUSblog reports that in Lamps Plus Inc. v. Varela, the U.S. Supreme Court will decide whether the U.S. Court of Appeals for the 9th Circuit correctly held that an employer consented to class arbitration.

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Contracting Around Class Actions, a Win for Employers

Insight
A recent Ninth Circuit ruling that Uber’s arbitration agreements did not violate the National Labor Relations Act provides a major victory to Uber by requiring each plaintiff to separately arbitrate his or her claims.

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Bankruptcy Court Finds Arbitration Clause in Consumer Loan Contract to be Sufficient Cause to Grant Relief from Automatic Stay

Insight
Because the court concluded that the invalidity claims were not core issues, the court granted the borrowers’ motion for relief from the stay.

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Why Getting the Wrong Result in Arbitration May Be What You Bought

Insight
Resolving disputes in arbitration can sometimes lead to surprising results, even ones that might be inconsistent with the underlying contract or with applicable state law, warns Ken Slavens for Husch Blackwell.

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Federal Appeals Court Rules Uber Can Force Drivers Into Individual Arbitration, Voids Class-Action

Federal Appeals Court Rules Uber Can Force Drivers Into Individual Arbitration, Voids Class-Action

News
The U.S. 9th Circuit Court of Appeals in San Francisco overturned a lower-court order that had certified the drivers’ class-action effort.

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Dallas Attorney Deborah Hankinson Honored as One of State’s Top 3 Lawyers

Newes
Alternative dispute resolution attorney and former Texas Supreme Court Justice Deborah Hankinson has earned recognition as one of the Top Three attorneys in the state by Texas Super Lawyers.

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Construction Arbitration: The Pros and Cons

Construction Arbitration: The Pros and Cons

Insight
Most parties involved in a construction project have a contract that defines their responsibilities, and many of these construction contracts also contain arbitration clauses, according to Ward and Smith.

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Morgan Stanley Lawsuit Highlights Pitfalls of Emailed Employee Contracts

Insight
A lower court had ruled that an employment-arbitration agreement between Morgan Stanley and the employee was enforceable, even though the former sales assistant claimed she never read a 2015 email.

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Site Cannot Compel Arbitration Based on Amended Terms Without User Notification of Change

Insight
The court’s opinion offers some lessons on building a record that establishes that users have been given notice of a later-added arbitration clause and that an actual mailing or attempt to mail have been directed personally to the user, according to Proskauer Rose.

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When Your Contract Includes an Arbitration Clause: Who Decides the Arbitrability of the Dispute?

When Your Contract Includes an Arbitration Clause: Who Decides the Arbitrability of the Dispute?

Insight
Parties wishing to ensure resolution of “gateway” questions of arbitrability by a specific decision-maker –whether the court or arbitrator –should spell out their preference as clearly as possible in the arbitration clause, according to Williams Mullen.

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Fifth Circuit Overturns Arbitration Order Where Employer Failed to Countersign Agreement

Fifth Circuit Overturns Arbitration Order Where Employer Failed to Countersign Agreement

News
The 5th U.S. Circuit Court of Appeals has reversed a Texas federal court’s order compelling arbitration in a sexual harassment and discrimination case because one party failed to sign an agreement to arbitrate, reports Karl Bayer in the Disputing blog.

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Drafting the Arbitration Provision in Commercial Contracts: Back to Basic

Insight
A good practice is for the arbitration clause to be detailed and to specify a variety of terms, advise John P. DiBlasi and Jacqueline I. Silvey in an article for National Arbitration and Mediation.

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An Arbitrator’s Power May Be Greater Than That of a Judge

Insight
Although an arbitration agreement can be written (double-spaced) on one side of a cocktail napkin, in some cases it may grant greater authority to an arbitrator than a judge has, writes Narges Kakalia of Mintz Levin.

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Reducing the Cost of Arbitrating Large Complex Cases

Reducing the Cost of Arbitrating Large Complex Cases

Insight
The Streamlined Three-Arbitrator Panel Option allows parties to utilize a single arbitrator for the preliminary and discovery stages of a case, the AAA explains.

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Benefits and Challenges of Robotized Arbitration

Benefits and Challenges of Robotized Arbitration

Insight
Big data and e-discovery can assist counsel in document management and reduce the risk of human error during discovery, write Winston Maxwell and Gauthier Vannieuwenhuyse of Hogan Lovells.

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Are Your Employees’ Electronically-Signed Agreements Enforceable?

Are Your Employees’ Electronically-Signed Agreements Enforceable?

Insight
In several recent cases, employees have disputed that they electronically acknowledged an agreement with their employer,” writes Drew York for Gray Reed & McGraw.

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