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Arbitration
SCOTUS Will Yet Again Decide Delegation of Arbitrability Question in Henry Schein Case
By Beth Graham - June 24, 2020
The Supreme Court of the United States has once again agreed to resolve a circuit split regarding whether it is up to a court or an arbitrator to decide questions related to arbitrability in the ongoing saga of Henry Schein, Inc. v. Archer and White Sales, Inc.
Illinois Federal Court Refuses to Send BIPA Lawsuit Filed Against Vimeo to Arbitration
By Beth Graham - June 5, 2020
The Northern District of Illinois has denied Vimeo’s motion to compel a proposed class action lawsuit alleging its recently acquired Magisto mobile web application violated the 12-year-old Illinois Biometric Information Privacy Act (“BIPA”) to arbitration.
Confidentiality and Cybersecurity in Online Dispute Resolution
By Beth Graham - June 4, 2020
Since the COVID-19 pandemic emerged, Disputing blog has worked to synthesize guidance documents from a variety of sources including the AAA, CIArb, CPR, Hogan Lovells, the ICC, and the Seoul Protocol to provide readers with a comprehensive list of best practices for online dispute resolution.
User Ordered to Arbitrate BIPA Claims Despite Shutterfly’s Unilateral Change to Terms of Use
By Beth Graham - May 28, 2020
The Northern District of Illinois has ordered a consumer’s Illinois Biometric Information Privacy Act (“BIPA”) lawsuit filed against online photography company Shutterfly to arbitration, despite that Shutterfly unilaterally amended its Terms of Use (“Terms”) after the consumer agreed to them.
Agreements not to Challenge Remote Arbitration Awards
By Kyle Bailey - May 26, 2020
Due to unprecedented health and safety risks, more clients and attorneys are turning to online dispute resolution ("ODR") to resolve their disputes.
Remote Arbitration Best Practices: Witness Examination
By Kyle Bailey - May 14, 2020
Disputing is synthesizing guidance documents from the AAA, CIArb, CPR, Hogan Lovells, and the ICC, as well as the Seoul Protocol, to provide a comprehensive list of best practices for remote arbitration.
Are Litigation Outcome Disparities Inevitable? Courts, Technology, and the Future of Impartiality
By Beth Graham - May 13, 2020
Avital Mentovich, Assistant Professor in the School of Criminology at the University of Haifa, J.J. Prescott, Henry King Ransom Professor of Law and the Co-director of both the Empirical Legal Studies Center and the Program in Law and Economics at the University of Michigan Law School, and Orna Rabinovich-Einy, Haifa University Vice Dean, Professor, and Faculty of Law, have written “Are Litigation Outcome Disparities Inevitable? Courts, Technolog
Remote Arbitration Best Practices: Security and Confidentiality
By Kyle Bailey - May 12, 2020
Disputing is synthesizing guidance documents from the AAA, CIArb, CPR, Hogan Lovells, and the ICC, as well as the Seoul Protocol, to provide a comprehensive list of best practices for remote arbitration.
Remote Arbitration Best Practices: Technology
By Kyle Bailey - May 6, 2020
Over the last few weeks, numerous organizations have issued guidance on conducting remote arbitration through video teleconferencing.
International Council for Online Dispute Resolution and National Center for Technology and Dispute Resolution Facilitate ODR
By Beth Graham - April 24, 2020
Due to the ongoing COVID-19 worldwide health crisis, online dispute resolution (“ODR”) processes have become increasingly important for most dispute resolution professionals.
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