News and Events for Attorneys and Executives

Tag: Arbitration

Clear Arbitration Provision Deemed Enforceable

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In his Petes’ Take blog for Porzio, Bromberg & Newman, Peter J. Gallagher describes a New Jersey case in which a court ruled that a clear arbitration provision, negotiated by a sophisticated party while represented by counsel, is enforceable.

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Health Law: Is Your Arbitration Agreement Enforceable?

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A recent decision of the Arizona Court of Appeals provides guidance for evaluation of the enforceability of arbitration agreements in the health care field, reports Snell & Wilmer in its Health Law Checkup blog.

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Court: Arbitration Agreement Included In Product Manual Is Unenforceable

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A recent ruling in a federal count stated that a contractual term, like an arbitration clause, is binding only when the terms are reasonably conspicuous, rather than in a manner that de-emphasizes its provisions.

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11th Circuit: Arbitration Clauses Are Like Makeup – They Only Cover So Much

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The arbitration clause which the non-party to the agreement is seeking to enforce is explicitly limited to disputes between the parties, the court found.

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Navigating Construction Disputes, From Mediation to Litigation

Navigating Construction Disputes, From Mediation to Litigation

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All parties involved with a construction contract need to explore which dispute resolution option is right for them and the project, and also ensure their contract terms are as clear as possible to avoid potential problems down the road, writes Kim Slowey in Construction Dive.

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Don’t Bury Arbitration in Your Employee Handbook

Don’t Bury Arbitration in Your Employee Handbook

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Getting an arbitration clause to stick isn’t always easy, but the effort can be worth it if it avoids just one drawn-out, expensive lawsuit, advises Business Management Daily.

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It Can Be Challenging to Enforce an Arbitration Provision in an Expired Contract

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The case highlights the reality that provisions that are contained in written agreements will not necessarily survive expiration of the agreement simply because the relationship between the parties continues, reports Erin Palmer Polly for Butler Snow.

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Fuzzy Math? 6 Differing Arbitration Agreements = 0 Arbitration Agreement

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If the parties intend their choice of arbitration to be binding and enforceable, the arbitration agreements in interrelated agreements must be compatiblewrites Liz Kramer in the Stinson Leonard Street blog.

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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?

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

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Arbitration Award Overturned Because Arbitrator Impersonated Lawyer

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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.

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Arbitration Provisions in Employment Agreements: The Pros and Cons

Arbitration Provisions in Employment Agreements: The Pros and Cons

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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.

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Three Tips for Writing Effective Arbitration Clauses

Three Tips for Writing Effective Arbitration Clauses

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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.

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Arbitration Clauses in Consumer Contracts: Is There Change Afoot?

Arbitration Clauses in Consumer Contracts: Is There Change Afoot?

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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.

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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.

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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.

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How to Write an Arbitration Clause for Offshore Outsourcing Deals

How to Write an Arbitration Clause for Offshore Outsourcing Deals

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

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Arbitration Saves Money and Patents in International Disputes

Arbitration Saves Money and Patents in International Disputes

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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.

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No Arbitration For Lawyer Accused of Breaches in Deal With Client

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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.

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Time to Update Your Client Arbitration Agreements

Time to Update Your Client Arbitration Agreements

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The failure to incorporate new standards into fee agreements means not only that non-conforming provisions will be deemed unenforceable, writes Edward F. Donohue III of Hinshaw & Culbertson LLP.

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What U.S. GCs Should Know About Drafting International Arbitration Clauses

What U.S. GCs Should Know About Drafting International Arbitration Clauses

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Kevin Perry and Joanne Elieli of of Cooley offer some insight for American general counsel on the drafting of international arbitration clauses, covering preliminary considerations and specific drafting issues.

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