News and Events for Attorneys and Executives

Arbitration & Mediation

image_pdfimage_print

Smart Contracts Pose Enforceability Issues

Insight
Business Insider summarizes the major findings of a new white paper by blockchain consortium R3 and global law firm Norton Rose Fulbright.

Continue Reading »

China Contracts: Dispute Resolution Clauses

Insight
Dan Harris explains why a provision calling for Chinese contract dispute resolution in U.S. courts can sometimes be a hindrance, compared to a clause requiring dispute resolution to take place in Chinese courts.

Continue Reading »

Incorporation by Reference of an Arbitration Clause Is a Simple Matter … Isn’t It?

Incorporation by Reference of an Arbitration Clause Is a Simple Matter … Isn’t It?

Insight
Drafting an arbitration clause for an agreement may seem like a straightforward matter most of the time, writes Gilbert A. Samberg for Mintz, Levin.

Continue Reading »

In Contracts, What a Difference a Word Makes

In Contracts, What a Difference a Word Makes

Insight
Larry P. Schiffer of Squire Patton Boggs describes a recent case that illustrates his point that legalese and unnecessary words can cause a trier of fact to interpret a clause in a way that is unexpected.

Continue Reading »

Four Significant, But Often Overlooked, Provisions in Domestic Commercial Contracts

Four Significant, But Often Overlooked, Provisions in Domestic Commercial Contracts

Insight
Contractual provisions that parties choose to include in their agreement depend on a number of factors including, among others, the identity of and relationship between the parties and the size and nature of the transaction, according to a K&L Gates article.

Continue Reading »

5 Points: Arbitration Clauses in Real Estate Contracts

5 Points:  Arbitration Clauses in Real Estate Contracts

Insight
While consumers may not have many choices when signing agreements that contain arbitration clauses, commercial parties often negotiate every last term of their agreements, according to a post on Shutts & Bowen LLP’s website.

Continue Reading »

Arbitration Award Overturned Because Arbitrator Impersonated Lawyer

News
The Ninth U.S. Circuit Court of Appeals overturned an arbitration award in a multimillion-dollar investment case Friday because the lead arbitrator impersonated a California attorney — something he did in dozens of cases before being exposed, the San Francisco Chronicle reports.

Continue Reading »

Arbitration Provisions in Employment Agreements: The Pros and Cons

Arbitration Provisions in Employment Agreements: The Pros and Cons

Insight
Deciding whether to include an arbitration provision in an employment agreement requires thorough consideration based upon an employer’s individual circumstances, according to a post in Trenam Law’s Employment Law Update.

Continue Reading »

Three Tips for Writing Effective Arbitration Clauses

Three Tips for Writing Effective Arbitration Clauses

Insight
A well-drafted arbitration provision can save companies from expensive and time-consuming class litigation, two defense attorneys say in a report published by Bloomberg BNA.

Continue Reading »

Class-Action Attorneys Awarded $555.2 Million for Work in BP Suits

Class-Action Attorneys Awarded $555.2 Million for Work in BP Suits

News
U.S. District Judge Carl Barbier pointed out that award represents about 4.3 percent of the estimated $13 billion that BP is expected to pay under the ongoing settlements, reports The Times-Picayune.

Continue Reading »

Arbitration Clauses in Consumer Contracts: Is There Change Afoot?

Arbitration Clauses in Consumer Contracts: Is There Change Afoot?

Insight
Many state and federal government representatives, judges, politicians, and interest groups have been speaking up about arbitration, and some have publicly pulled away from upholding universal “forced arbitration,” according to an article posted by Newsome Melton.

Continue Reading »

Ethics Issues in International Arbitration

Event, Oct. 6, 1 p.m. EDT
Practical Law will present a webinar titled “Ethics Issues in International Arbitration” on Thursday, Oct. 6, at 1-2:30 p.m. EDT.

Continue Reading »

Wells Fargo Customers May Never See Their Day in Court, Experts Say

Wells Fargo Customers May Never See Their Day in Court, Experts Say

News
Mandatory arbitration contract clauses may protect the bank from class-action suits brought by customers who had bank or credit card accounts opened in their names without their knowledge, reports NBC News.

Continue Reading »

When Arbitration Is Favored Despite USERRA Violations

Insight
The Eleventh Circuit found in Bodine v. Cook’s Pest Control Inc. that an arbitration agreement in an employment contract is enforceable despite the fact that certain provisions of the arbitration agreement violate the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA).

Continue Reading »

How to Write an Arbitration Clause for Offshore Outsourcing Deals

How to Write an Arbitration Clause for Offshore Outsourcing Deals

Insight
Incorporating an effective arbitration clause into international outsourcing contracts is critical, writes Stephanie Overby for CIO magazine.

Continue Reading »

Circuit Split Widens Over Enforceability of Arbitration Agreements Containing Class/Collective Action Waivers

Insight
Polsinelli shareholder James C. Sullivan writes about how unsettled the law is on employer/employee arbitration provisions containing class/collective action waivers.

Continue Reading »

Patent Infringement Claim Exempts Related Counterclaims from Mandatory Arbitration

Patent Infringement Claim Exempts Related Counterclaims from Mandatory Arbitration

Insight
The U.S. Court of Appeals for the Federal Circuit determined that a defendant’s breach of contract counterclaims were related to the plaintiff’s patent infringement claims and thus were exempt from compulsory arbitration under the supply agreement. reports Andrea Coronado for McDermott Will & Emery.

Continue Reading »

U.S. Appeals Court Strikes Down Ernst & Young Class Action Waiver

News
The court found that the arbitration agreement violated the National Labor Relations Act by making workers arbitrate work-related claims as individuals in separate proceedings.

Continue Reading »

Arbitration Saves Money and Patents in International Disputes

Arbitration Saves Money and Patents in International Disputes

Insight
If parties to a license or industry dispute resolution agreement devote appropriate time and effort to preparing an arbitration provision to meet their specific objectives, arbitration can be a valuable tool in resolving patent disputes, writes Kirk Watkins of Womble Carlyle Sandridge & Rice, LLP.

Continue Reading »

No Arbitration For Lawyer Accused of Breaches in Deal With Client

Insight
A California appellate court closely parsed the language in an arbitration clause and reversed an order compelling arbitration of a dispute between a lawyer and his client-turned-business-partner, reports Karen Rubin in Thompson Hine’s blog, The Law for Lawyers Today.

Continue Reading »

Top