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Arbitration
NLRB Orders California Grocery Chain to Revise Arbitration Agreement Banning Workers From Maintaining Class Actions
By Beth Graham - March 21, 2016
The National Labor Relations Board (“NLRB”) has once again ordered an employer to stop “[m]aintaining and/or enforcing a mandatory arbitration policy that requires employees, as a condition of employment, to waive the right to maintain class or collective actions in all forums, whether arbitral or judicial.”
NLRB Continues Attack on Class and Collective Action Waivers
By Beth Graham - March 16, 2016
The National Labor Relations Board (“NLRB”) has ruled that an employer, Samsung Electronics, violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”) by requiring workers to waive their right to engage in collective action over employment-related claims in both arbitral or judicial forums as a condition of employment.
International Arbitration, Judicial Education, and Legal Elites
By Beth Graham - March 15, 2016
Catherine A. Rogers, Professor of Law, Paul and Marjorie Price Faculty Scholar, and Professor of Ethics, Regulation & The Rule of Law at Penn State Law and Director of the Institute for Ethics, Regulation & The Rule of Law at Queen Mary University of London, has published “International Arbitration, Judicial Education, and Legal Elites,” Journal of Dispute Resolution, Vol. 2015, No. 71, 2015; Penn State Law Research Paper No. 19-2015.
Fifth Circuit COA Holds Dallas Employer’s Arbitration Plan Was Illusory and Unenforceable
By Beth Graham - March 14, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that an arbitration agreement included in an employment contract was unenforceable because the "savings clause" failed to expressly require that advance notice regarding any amendments or termination of the arbitral agreement be provided to workers.
Supreme Court of Texas Overturns Appellate Court’s Arbitration Order in El Paso Employment Dispute
By Beth Graham - March 9, 2016
The Supreme Court of Texas has overturned an order compelling arbitration that was issued by the El Paso Court of Appeals.
NLRB, Fifth Circuit Continue Disagreement Regarding Class Arbitration Waivers
By Beth Graham - March 7, 2016
In early February, the National Labor Relations Board (“NLRB”) once again ruled that a class action waiver included in a mandatory arbitration agreement workers were required to sign as a condition of employment violated federal law.
BG Group and ‘Conditions’ to Arbitral Jurisdiction
By Beth Graham - March 2, 2016
rofessor Alan Scott Rau, Mark G. and Judy G. Yudof Chair in Law at the University of Texas School of Law, and Professor Andrea K. Bjorklund, L. Yves Fortier Chair in International Arbitration and International Commercial Law at McGill University, have published “BG Group and 'Conditions' to Arbitral Jurisdiction,” Pepperdine Law Review, Forthcoming; KBH Energy Center Research Paper No. 2016-4.
Start-Ups in Austin and Elsewhere Should Consider Utilizing International Arbitral Procedures to Resolve Cross-Border Disputes
By Beth Graham - February 25, 2016
Many new businesses understand that domestic arbitral proceedings may save the company both time and money in the event of a legal dispute.
The Historical Basis of Securities Arbitration as an Investor Protection Mechanism
By Beth Graham - February 18, 2016
Jill Gross, Professor of Law at Pace Law School, has published “The Historical Basis of Securities Arbitration as an Investor Protection Mechanism,” Journal of Dispute Resolution, Forthcoming.
Large-Scale Dispute Resolution in Jurisdictions Without Judicial Class Actions
By Beth Graham - February 4, 2016
University of Missouri School of Law Professor S.I. Strong has published “Large-Scale Dispute Resolution in Jurisdictions Without Judicial Class Actions: Learning From the Irish Experience,” ILSA Journal of International & Comparative Law, Vol. 22, 2016, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2016-04.
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