Section Newsletters

Articles on Arbitration

International Bar Association Releases Revised Version of Widely-Used Rules on the Taking of Evidence By John R. Schleppenbach International and Immigration Law, May 2021 To govern what evidence should be admitted or excluded at an arbitration hearing and how those determinations should be made, parties in recent years have increasingly chosen the International Bar Association Rules.
Arbitration for the Future Occurring in the Present By Hon. Michael S. Jordan Labor and Employment Law, April 2021 A look at virtual arbitration during COVID-19.
International Bar Association Releases Revised Version of Widely-Used Rules on the Taking of Evidence By John R. Schleppenbach Alternative Dispute Resolution, April 2021 To govern what evidence should be admitted or excluded at an arbitration hearing and how those determinations should be made, parties in recent years have increasingly chosen the International Bar Association Rules.
Supreme Court Denies Certiorari in Case Exempting Amazon Delivery Drivers from Federal Arbitration Act By John R. Schleppenbach Alternative Dispute Resolution, March 2021 Interstate transportation workers like independent contractor truck drivers have been held by the U.S. Supreme Court to be exempt from compelled arbitration under the Federal Arbitration Act.
Teaching Advocacy in Arbitration on the International Stage By Kristen E. Hudson International and Immigration Law, November 2019 An overview of the Willem C. Vis International Commercial Arbitration Moot.
Arbitration Award in ERISA Dispute Vacated By Douglas Darch Employee Benefits, October 2019 The third circuit recently vacated an award by an arbitrator in a pension fund withdrawal dispute.
Ninth Circuit Overrules 35-Year-Old Decision Barring Arbitration of ERISA Disputes By Jay Schleppenbach Alternative Dispute Resolution, October 2019 The ninth circuit recently concluded in Dorman v. Charles Schwab that ERISA claims are subject to mandatory arbitration, serving as a possibly sign of increasingly supportive judicial attitudes toward arbitration.
Teaching Advocacy in Arbitration on the International Stage By Kristen E. Hudson Alternative Dispute Resolution, October 2019 An overview of the Willem C. Vis International Commercial Arbitration Moot.
Southern District of New York Holds FAA Preempts State Law Prohibiting Arbitration of Sexual Harassment Claims By Jay Schleppenbach Alternative Dispute Resolution, August 2019 From time to time, courts and legislatures have attempted to exclude certain types of claims from being arbitrated.
Courts continue to rule on retirement plan mandatory arbitration provisions By Gregory K. Brown & Louis L. Joseph Employee Benefits, July 2019 In the past few years, some retirement plans have included terms and provisions that require participant breach of fiduciary claims to be resolved in arbitration, which has caused the courts to begin to consider participant motions to invalidate or limit the effect of these mandatory arbitration provisions.
Law students going after BigLaw firms that employ mandatory arbitration agreements By Samantha Hasiewicz Alternative Dispute Resolution, July 2019 Harvard law student activists have recently been going after law firms that require mandatory arbitration for employment issues.
Courts continue to rule on retirement plan mandatory arbitration provisions By Gregory K. Brown & Louis L. Joseph Corporate Law Departments, May 2019 In the past few years, some retirement plans have included terms and provisions that require participant breach of fiduciary claims to be resolved in arbitration, which has caused the courts to begin to consider participant motions to invalidate or limit the effect of these mandatory arbitration provisions.
Google ends mandatory arbitration in response to employee discord By Samantha Hasiewicz Alternative Dispute Resolution, May 2019 In November, 20,000 Google employees walked out in protest to draw attention to how the company handles sexual misconduct claims.
Do new international agreements indicate a downward trend of investor-state arbitration? By Hannah Friedle & Tanner James International and Immigration Law, February 2019 A discussion of the unique challenges private companies face when entering an agreement with a state controlled entity.
Do new international agreements indicate a downward trend of investor-state arbitration? By Hannah Friedle & Tanner James Alternative Dispute Resolution, December 2018 A discussion of the unique challenges private companies face when entering an agreement with a state controlled entity.
National policy favoring class arbitration reaffirmed By Mark Rouleau Civil Practice and Procedure, September 2013 In Oxford Health Plans LLC v. Sutter, the United States Supreme Court “reaffirmed the national policy favoring arbitration in relation to class arbitration.”
Arbitration clauses in employment contracts: To do or not to do By Nile J. Williamson Alternative Dispute Resolution, December 2002 A recent article in this newsletter by Alan Kaplan comprehensively discussed possible clauses to be used in employment contracts.
Arbitration clauses in employment contracts: to do or not to do By Nile J. Williamson Labor and Employment Law, May 2002 A recent article in this newsletter by Alan Kaplan comprehensively discussed possible clauses to be used in employment contracts.

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