2018 | Abril 6
On March 12, 2018, the New York State Senate passed S-7848A, a bill that, if enacted, would significantly change the legislative landscape for sexual harassment claims in the state. Sigue leyendo →
2018 | Abril 2 Un estudio realizado para la American Arbitration Association (AAA), por parte de la firma de investigación económica Micronomics, ha cuantificado económicamente las diferencias de tiempo en la resolución de litigios entre arbitraje y tribunales ordinarios y, por tanto, su influencia en la cuenta de resultados de las empresas. Sigue leyendo →
2018 | Marzo 21 After 36 years as a state court trial and appellate judge, including eight in the commercial division and 21 managing mass torts, I anticipated a seamless transition to becoming a neutral. After all, I had tried, conferenced and settled thousands of cases. To be sure, I realized I would lack the hammer of the imminent trial alternative, so I took several courses in mediation, some of which involved role playing. But ultimately I thought it would just come naturally. After three years as a neutral, I can report that while my judicial skills prepared me in some ways, they presented obstacles in other ways Sigue leyendo →
2018 | Febrero 26
A recent decision from the 10th Circuit shows there is a whole new way to invalidate an arbitration agreement. In Citizen Potawatomi Nation v. Oklahoma, 2018 WL 718606 (10th Cir. Feb. 6, 2018), the court found the arbitration agreement unenforceable because the parties provided for de novo review of any arbitration award in federal court, which is prohibited under the Hall Street decision from SCOTUS in 2008. Sigue leyendo →
2018 | Enero 15 With today’s technology, there are many inexpensive, yet powerful tools that can be used to present your case in a mediation setting. As the saying goes, “a picture is worth a thousand words,” so why not make it as effective as possible? For a case with some holes, you may create an impression with the opposition that you have a great case or if you have a surefire winner, you can buttress that fact. Not to mention, there’s the side benefit of showing your client that you have given their case added or special attention. Sigue leyendo →
2018 | Enero 8 Whenever Bob discusses arbitration with a client he talks about the advantages of avoiding court proceedings. His first words always are “You save so much money.” Bob has learned that his clients like to save money and that these savings are more important to them than the speed of arbitration or the ability to pick the decision-maker or the many other benefits that arbitration provides. Sigue leyendo →
2017 | Diciembre 19 El presidente de Microsoft, Brad Smith, anunció este martes 19 de diciembre de 2017 que el gigante tecnológicodecidió terminar con la “mediación forzosa” en los casos internos de acoso sexual, una práctica ampliamente extendida en las empresas de EE.UU. Sigue leyendo →
2017 | Diciembre 7
Members of the U.S. Senate and House of Representatives unveiled the bill on Wednesday, saying mandatory arbitration agreements had forced women to privately arbitrate misconduct claims, effectively silencing victims and enabling serial harassers. Sigue leyendo →
2017 | Agosto 21 The US Supreme Court invalidated a state court rule that had held unenforceable arbitration agreements entered into under broad powers of attorney whenever the powers of attorney did not expressly entitle the representative to enter into an arbitration agreement. Sigue leyendo →
2017 | Junio 26 Two elements are at play in judicial enforcement of arbitration awards: One is the formal legal elements: Courts are legally incapable of enforcing arbitral awards issued by religious tribunals if they fail to follow the basic legal demands imposed by the Federal Arbitration Act. Second, even if faith-based arbitrators have observed all the formal legal requirements, they must still convince judges that their religious dispute resolution processes are genuinely fair, effective and worth upholding. Sigue leyendo →
2017 | Abril 10 In a long-awaited decision, the California Supreme Court has declined to enforce an arbitration agreement due to a provision allegedly waiving plaintiff’s ability to seek “public injunctive relief” under California’s consumer protection statutes. The court’s rationale seems contrary, if not openly hostile, to the recent U.S. Supreme Court precedent enforcing such agreements under the Federal Arbitration Act (FAA). Sigue leyendo →
2017 | Abril 4 The Florida Supreme Court on March 16 released a new set of rules to simplify the family law processes while establishing a separate set of rules and procedures for matters before family court.
2017 | Marzo 21 The Straus Institute for Dispute Resolution at Pepperdine University School of Law has once again been named number one among academic dispute resolution programs in U.S. News and World Report’s 2018 Law School Rankings. Released last week, the rankings place the Straus Institute at the top of the list for the twelfth time in thirteen years. Sigue leyendo →
2017 | Marzo 3
An arbitration provision for Samsung Galaxy S smartwatches is nonenforceable in a class action claiming the company exaggerated the product’s battery life, the U.S. Court of Appeals for the Third Circuit has ruled.
A stipulation mandating binding arbitration, printed on page 97 of a 143-page product manual, is not a valid contractual term because the court could not presume that consumers read or had notice of the terms, the court ruled Friday in Noble v. Samsung Electronics America. The appeals court affirmed a ruling by a federal judge in Newark that held the arbitration provision nonbinding. Sigue leyendo →
2017 | Febrero 23 The U.S. Supreme Court on Wednesday questioned the validity of arbitration agreements used by nursing homes in a case involving Kindred Healthcare.
The justices recently ruled in favor of arbitration agreements in two separate cases but they appeared to take a more critical approach to the practice when questioning Andrew Pincus, a lawyer representing Kindred Healthcare. Sigue leyendo →
2017 | Febrero 16 New Jersey has taken the first step toward becoming a global center of international arbitration by enacting the International Arbitration, Mediation, and Conciliation Act (the “Act”) on February 6, 2017. The Act provides the framework for making New Jersey an attractive destination for resolving international business and trade disputes. Sigue leyendo →
2017 | Febero 15
Low commodity prices are causing financial pain on Minnesota farms, but bankruptcies are rare thanks in part to a state mediation program.
The farmer-lender program requires lenders to offer struggling farmers the chance to renegotiate debt terms with the help of a mediator before repossessing any property, Minnesota Public Radio (http://bit.ly/2lLs2ml ) reported.
2017 | Febrero 7 As courts repeatedly have emphasized, arbitration agreements are contracts. That means we have to consider the law of mutual assent in determining whether the parties entered into a binding arbitration agreement and whether a countersignature is required. Sigue leyendo →
2017 | Febrero 7
Silicon Valley Arbitration & Mediation Center (SVAMC), a leading not-for-profit that advances the use of arbitration and mediation in technology and technology-related business disputes in the San Francisco Bay Area and around the world, today released its highly anticipated 2017 List of the World’s Leading Technology Neutrals. Sigue leyendo →
2017 | Enero 23
The New Jersey Assembly has passed legislation that prohibits companies from inserting language in consumer contracts that requires arbitration of disputes in forums outside of the state. Sigue leyendo →
2017 | Enero 17
The U.S. Supreme Court on Friday agreed to consider whether companies can head off costly class action lawsuits by forcing employees to give up their right to pursue work-related legal claims in court as a group. Sigue leyendo →
2017 | Enero 11
A per curiam opinion from the 8th Circuit last week highlights that even if an arbitration goes off the rails, the only remedy is vacating (or confirming) the award. The parties cannot recover from the administrator of the arbitration. Sigue leyendo →
2017 | Enero 10 A South Carolina startup, Dispute Resolution Data, has signed agreements to collect information from some 20 arbitration institutions. To avoid the privacy issues, the institutions upload the data themselves before Dispute Resolution Data reviews the material, so that client names and details remain in the custody of the arbitral institution. The database went live for subscribers in December, with more than 66,000 data fields on thousands of closed arbitration cases, so far connected to 136 countries. More cases are being fed into the database daily. Sigue leyendo →
2017 | Enero 6
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2017 | Enero 3 The Sixth Circuit, in reviewing the Ohio district court’s refusal to compel arbitration de novo, noted that an arbitration clause survives the expiration of a contract only when the dispute at issue “arises under the contract,” which occurs in two circumstances relevant to the current dispute. First, the Court stated that a dispute arises under the contract when a “majority of the material facts and occurrences” giving rise to the dispute occurred prior to the expiration of the contract at issue. Sigue leyendo →