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All articles tagged '"arbitration clauses"'
85 articles found
Ten Hallmarks of Effective International Arbitration Agreements
By Victoria VanBuren - February 9, 2010
We came across this Mayer Brown LLP article identifying ten characteristics of an enforceable dispute resolution clause. Ten Hallmarks of Effective International Arbitration Agreements By William H. Knull Article – International Arbitration, Litigation & Dispute Resolution, Americas, Asia, Europe 19 January 2010 International arbitration can provide the security of a neutral forum and a framework of enforcement treaties that is far supe
U.S. Arbitration and Mediation Legislative Update
By Victoria VanBuren - January 25, 2010
The following bills relating to alternative dispute resolution were introduced by the 111st Congress. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! Bills that passed: “An Act Making Appropriations for the Department of Defense for the Fiscal Year Ending September 30, 2010, and for Other Purposes” contains an amen
2009 U.S. Legislation on Arbitration and Mediation
By Victoria VanBuren - December 15, 2009
During 2009, the following bills relating to alternative dispute resolution were introduced and are currently being considered by the 111st Congress. Click on the bill number for its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandatory pre-dispute arbitration in employment, consumer, and franchise contracts. Sen
Pending U.S. Legislation on Arbitration and Mediation: Update
By Victoria VanBuren - October 14, 2009
The One Hundred Eleventh United States Congress began on January 3, 2009 and will last till January 3, 2011. Following is a summary of some alternative dispute resolution bills currently being considered during this session. Click on the bill number for its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandatory pr
U.S. Congressional Hearing | “Mandatory Binding Arbitration – Is it Fair and Voluntary?”
By Victoria VanBuren - September 16, 2009
As reported by PointofLaw.com, the House Judiciary Committee Subcommittee on Commercial and Administrative Law held a hearing on September 15th, titled “Mandatory Binding Arbitration – Is it Fair and Voluntary?“ Witnesses included: Rep. Henry C. “Hank” Johnson (D-GA), sponsor of H.R. 1020 (a.k.a. “Arbitration Fairness Act”). The Arbitration Fairness Act of 2009 would ban mandatory pre-dispute arbitration
Pending Legislation on U.S. Alternative Dispute Resolution: Update
By Victoria VanBuren - August 31, 2009
The One Hundred Eleventh United States Congress began on January 3, 2009 and will last till January 3, 2011. Following is a summary of some alternative dispute resolution bills currently being considered during this session. Click on the bill number for its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandatory pr
Obama’s Financial Regulatory Reform and Mandatory Arbitration in Financial Contracts
By Victoria VanBuren - July 1, 2009
Within President Obama’s proposal to reform the financial services sector, A New Foundation: Rebuilding Financial Supervision and Regulation, there is a provision that directs the U.S. Securities and Exchange Commission (SEC) to study the use of mandatory arbitration clauses in investor contracts. Check out Professor Barbara Black’s discussion of the proposal in her post First Look at the Administration’s Financial Regulatory Re
U.S. Dispute Resolution Legislation: Update
By Victoria VanBuren - June 23, 2009
The One Hundred Eleventh United States Congress began on January 3, 2009 and will last till January 3, 2011. Following is a summary of some alternative dispute resolution bills currently being considered during this session. Click on the bill number for its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! The Arbitration Fairness Act of 2009 would ban mandat
U.S. Supreme Court Grants Cert to Stolt-Nielsen: Class Action Arbitration Case
By Victoria VanBuren - June 16, 2009
As posted in our Commercial and Industry Arbitration and Mediation Group on LinkedIn, yesterday the U.S. Supreme Court granted certiorari to Stolt-Nielsen SA v. AnimalFeeds Int’l Corp., 548 F.3d 85 (2d Cir. 2008). The issue to be decided is whether imposing class arbitration on parties whose arbitration clauses are silent on that issue is consistent with the Federal Arbitration Act. You can find background about this important case followin
Federal Legislation on Arbitration
By Victoria VanBuren - February 24, 2009
The following bills are currently being floated around the U.S. House: H.R. 991. To treat arbitration clauses which are unilaterally imposed on consumers as an unfair and deceptive trade practice and prohibit their use in consumer transactions. Status: Referred to the House Committee on Financial Services on 02/11/2009. H.R. 1020. To amend Chapter 1 of title 9 of the U.S. Code with respect to arbitration. This is the “Arbitration Fairness A
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