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Arbitration
SCOTUS to Consider FAA Subject-Matter Jurisdiction Case
By Beth Graham - May 20, 2021
The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a federal court has subject-matter jurisdiction to confirm or vacate an arbitration award under the Federal Arbitration Act (“FAA”) in situations where the court only has jurisdiction because the underlying dispute involves a federal question.
Tracy McCormack and Karl Bayer Teach Arbitration Advocacy
By Beth Graham - April 29, 2021
We are excited to announce the newly redesigned Arbitrate.com now offers a variety of on-demand arbitration courses, including four classes taught by Disputing blog’s own Professor Tracy McCormack and Karl Bayer!
SCOTUS Rejects Amazon’s Petition in “Last Mile” Delivery Driver Arbitration Dispute
By Beth Graham - February 23, 2021
The Supreme Court of the United States has declined to consider whether “final mile” delivery drivers are transportation workers engaged in interstate commerce and exempt from the Federal Arbitration Act (“FAA”).
SCOTUS Dismisses Henry Schein, Denies Certiorari in Another Question of Arbitrability Case
By Beth Graham - January 26, 2021
Yesterday, the United States Supreme Court dismissed the latest petition in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 19-963, as improvidently granted.
NADN Conducts “The Customer is Always Right(?)” Survey of Litigators
By Beth Graham - January 6, 2021
The National Academy of Distinguished Neutrals (“NADN”) recently conducted a survey of litigators titled “The Customer Is Always Right(?)”.
SCOTUS Asked to Resolve Circuit Split Over U.S. Discovery in Foreign Private Commercial Arbitrations
By Beth Graham - December 23, 2020
The United States Supreme Court has reportedly been asked to resolve a circuit split over whether parties to a foreign commercial arbitration proceeding may see discovery in the United States under 28 U.S.C. § 1782(a).
Arbitrator Diversity: Can It Be Achieved?
By Beth Graham - December 21, 2020
Professor Sarah Rudolph Cole, Michael E. Moritz Chair in Alternative Dispute Resolution at The Ohio State University’s Moritz College of Law, has published “Arbitrator Diversity: Can It Be Achieved?” Washington University Law Review, Vol. 98; Ohio State Legal Studies Research Paper No. 581.
Artificial Intelligence and Arbitration: The Computer as an Arbitrator — Are We There Yet?
By Beth Graham - November 24, 2020
Attorney Paul Bennett Marrow, member of the American Arbitration Association’s Commercial Panel and Domestic Arbitration instructor at New York Law School, Mansi Karol, Director of ADR Service for the Commercial Division at the American Arbitration Association in New York, and Steven Kuyan, Director of Entrepreneurship at New York University’s Tandon School of Engineering and Managing Director of the NYU Tandon Future Labs, have published “Artifi
Fifth Circuit Holds Federal Whistleblower Statute Does Not Exempt Former Employee’s Claims from Arbitration
By Beth Graham - November 20, 2020
Last month, the United States Court of Appeals for the Fifth Circuit held a federal whistleblower statute did not render an arbitration agreement between a man and his former employer unenforceable.
Arbitration, Mediation and Mixed Modes: Seeking Workable Solutions and Common Ground on Med-Arb, Arb-Med and Settlement-Oriented Activities by Arbitrators
By Beth Graham - November 17, 2020
Professor Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution at Pepperdine University's Caruso School of Law and Associate Dean of the Straus Institute for Dispute Resolution, has published “Arbitration, Mediation and Mixed Modes: Seeking Workable Solutions and Common Ground on Med-Arb, Arb-Med and Settlement-Oriented Activities by Arbitrators,” Harvard Negotiation Law Review, Forthcoming; Pepperdine University Legal Studies Re
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