Menu
All articles tagged '"class arbitration"'
72 articles found
GUEST-POST PART I | No Mass Arbitration in ICSID Cases – The Abaclat Dissent
By Victoria VanBuren - December 9, 2011
By S.I. Strong On October 28, 2011, a dissenting opinion regarding the preliminary decision on jurisdiction and admissibility was issued in the ground-breaking case of Abaclat (formerly Beccara) v. Argentine Republic, ICSID Case No. Arb/07/5 (available here ). The majority award was issued on August 4, 2011 (available here ) and was discussed on this blog here. The majority decision was remarkable in that it constituted the first time that an arb
U.S. Supreme Court Remands Class Arbitration Waiver Case
By Victoria VanBuren - November 23, 2011
On November 14, 2011 the U.S. Supreme Court remanded Branch Banking and Trust v. Gordon for the Eleventh Circuit to reconsider its decision in light of AT&T Mobility LLC v. Concepcion, 563 U. S. ___ (2011). In Gordon v. Branch Banking & Trust, 419 Fed. Appx. 920 (11th Cir. Fla. 2011) the Eleventh Circuit had ruled that an arbitration provision in a consumer checking account agreement was unenforceable because the arbitration provisionR
Fifth Circuit: Class Arbitration is not a Class Action under CAFA
By Victoria VanBuren - October 11, 2011
In Williams v. Homeland Ins. Co., No. 11-30646 (5th Cir. Sept. 19, 2011), George Raymond Williams brought a class action suit in Louisiana state court on behalf of Louisiana medical providers against operator of preferred provider organization (“PPO”) network and other defendants, alleging violation of PPO notice provisions of Louisiana law. One year later, Williams amended the petition and added three defendants: Corvel Corporation (
GUEST-POST PART II: ICSID Accepts First-Ever Class-Type Arbitration
By Victoria VanBuren - August 30, 2011
By S.I. Strong Another aspect of the consent analysis involved the question of whether this sort of mass claim was permitted under the ICSID Convention and the Argentina-Italy BIT. See id. ¶¶ 467-92. This posed an interesting dilemma, given that both documents are silent on the issue of mass proceedings. Perhaps unsurprisingly, the tribunal’s inquiry was reminiscent of the type of analyses that arise in the class arbitration context with respect
GUEST-POST PART I: ICSID Accepts First-Ever Class-Type Arbitration
By Victoria VanBuren - August 29, 2011
By S.I. Strong On August 4, 2011, a preliminary award on jurisdiction was rendered in Abaclat (formerly Beccara) v. Argentine Republic, ICSID Case No. Arb/07/5. The nearly 300-page award, which is available here, addresses a number of concerns, such as whether the dispute falls within the scope of the relevant bilateral investment treaty (BIT) and whether the claims are contractual or treaty-based. Many of these issues are not themselves unique,
Wall Street Journal: Banks Steer Customers to Arbitration and Away From Court After Concepcion
By Victoria VanBuren - August 25, 2011
The Wall Street Journal (WSJ) reports that some banks are embracing mandatory arbitration in consumer contracts on the wake of AT&T v. Concepcion. The WSJ says that now nearly three-quarters of 265 accounts offered by the 10 largest U.S. banks included mandatory arbitration provisions. Read the story here. Related Posts: ABA Journal: After Supreme Court Win Forcing Customers to Arbitrate, AT&T Now Sues to Stop the Arbitration, Disputing,
ABA Journal: After Supreme Court Win Forcing Customers to Arbitrate, AT&T Now Sues to Stop the Arbitration
By Victoria VanBuren - August 18, 2011
ABA Journal reports that AT&T filed last week eight lawsuits in federal courts seeking to block customer arbitrations that could prevent a potential merger with T-Mobile. Related Posts: AT&T Sues Customers Who Seek to Block T-Mobile Deal, Reuters (Aug. 17) AT&T Goes After Customers Over T-Mobile Merger Lawsuit, PC Magazine (Aug. 15) LawFirm Says 1,000 Customer Arbitration Cases Files Seeking to Stop AT&T T-Mobile Deal, All Things
Second Circuit Remands Fensterstock v. Education Finance Partners
By Victoria VanBuren - July 5, 2011
On June 30, 2011, the U.S. Court of Appeals for the Second Circuit remanded Fensterstock v. Education Finance Partners for initial consideration of the arbitration issues. Fensterstock involves a class-action and class-arbitration waiver provision in a promissory note of a law student loan. Read more here. Following is the summary order: In Fensterstock v. Education Finance Partners, 611 F.3d 124 (2d Cir. 2010) (“Fensterstock II“), va
U.S. Supreme Court Vacates Class Arbitration Decision | Fensterstock v. Education Finance Partners
By Victoria VanBuren - June 14, 2011
Yesterday, the U.S. Supreme Court granted certiorari to Affiliated Computer Services, Inc. v. Fensterstock, No. 09-1562-cv. In Fensterstock v. Education Finance Partners, Inc., No. 08-CV-3622, 2009 U.S. Dist. LEXIS 30457 (S.D.N.Y. 2009) the U.S. District Court for the Southern District of New York had held that an arbitration agreement containing a class action waiver within a student loan promissory note is unconscionable and unenforceable as a
ALI-ABA Webinar | AT&T Mobility v Concepcion – What It Means for Class Actions and Arbitration, June 1, 2011
By Victoria VanBuren - May 30, 2011
Mark your calendars! our blog contributor professor S.I. Strong, will be hosting the live Webcast AT&T Mobility v. Conception: What It Means for Class Actions and Arbitration on June 1, 2011 at 12:30 pm – 1:30 pm EDT. Here is the course description: Taught by Elyse D. Echtman, Jennifer L. Young and S.I. Strong, this session provides insights on Concepcion from both the plaintiffs’ and the defendants’ bar, as well as the views of one of
Legal Research
Recent Posts
Search
Legal Research
© 2026, Karl Bayer. All rights reserved. Privacy Policy