Section Newsletters

Articles From Jay R. Schleppenbach

Singapore International Arbitration Center Amends Rules to Enhance Emergency Arbitrator Procedure, Third-Party Funding Provisions By Jay R. Schleppenbach Alternative Dispute Resolution, February 2025 On January 1, 2025, the seventh edition of the Singapore International Arbitration Center (SIAC) Rules went into effect. The changes from prior versions of the SIAC Rules are more than just ministerial and several potentially impactful substantive revisions have been made.
Third Circuit Embraces De Novo Review of Demand Futility Dismissals, Overruling Prior Precedent and Joining Delaware Supreme Court and Other Circuits By Jay R. Schleppenbach Business and Securities Law, February 2025 For decades, courts have dismissed derivative suits for failure to properly allege demand futility. But for almost as long, the standard of review appellate courts should apply to such dismissals has been in flux, with courts seeming to gradually move from an abuse of discretion standard to de novo review. Recently, in In re Cognizant, the United States Court of Appeals for the Third Circuit became the latest court to adopt de novo review, overruling its prior precedents.
CFPB Permanently Bans Company from Arbitrating Consumer Financial Disputes By Jay R. Schleppenbach Alternative Dispute Resolution, January 2025 The federal government exercises oversight over arbitration, for instance through legislation exempting certain classes of disputes from arbitration or delegating to agencies the power to regulate arbitration clauses in certain types of contracts. In October 2024, a more obvious form of oversight came to public view when the Consumer Financial Protection Bureau entered a consent order permanently banning Ejudicate, Inc. from arbitrating consumer financial disputes.
Jordan Chiles Olympics Controversy Highlights Arbitral Issues By Jay R. Schleppenbach Alternative Dispute Resolution, November 2024 On August 10, 2024, United States Olympic gymnast Jordan Chiles made headlines when the Court of Arbitration for Sport (CAS) overturned her bronze-medal finish in the gymnastics floor exercise finals of the Paris Olympics and instead held that bronze should be awarded to a Romanian gymnast. Chiles has appealed the CAS’s decision to the Swiss Supreme Court. Whatever the merits of that appeal may be, the controversy has brought arbitration issues into the limelight in an interesting way.
IBA Updates Guidelines on Conflicts of Interest in International Arbitration By Jay R. Schleppenbach Alternative Dispute Resolution, September 2024 A look at the updated IBA Guidelines on Conflicts of Interest in International Arbitration.

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