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NLRB Finds that Certain Arbitration Agreements Violate Federal Labor Law
By Victoria VanBuren - January 10, 2012
As the New York Times reports, the National Labor Relations Board (NLRB) ruled on January 3, 2012 that employers could not prevent workers from filing work-related class actions. This ruling will effectively make certain employment agreements that require workers to pursue all claims individually via arbitration null and void. The decision on D. R. Horton, Inc. and Michael Cuda, Case 12–CA–25764 is here and the NLRB press release is here. Stay tu
2011 Developments in International Arbitration
By Victoria VanBuren - December 27, 2011
Today, Disputing continues its 2011 Year-End Highlights. Following are some of the recent developments in international arbitration published in 2011 by the International Law Office (free registration is required to view the articles): Brazil: Let’s continue to talk about arbitration! Canada: Validity of arbitration agreement is issue for arbitral tribunal, not court Denmark: New rules make arbitration faster and better Germany: Supreme Cou
2011 Arbitration Case Law | U.S. Supreme Court
By Victoria VanBuren - December 20, 2011
Welcome to Disputing‘s 2011 Year-End Highlights. During this year, the U.S. Supreme Court decided several cases related to arbitration: On April 27, 2011, in a 5-4 decision, the United States Supreme Court ruled that the the Federal Arbitration Act preempted California law with regard to class arbitration in AT&T Mobility, LLC v. Concepcion, 09-893, (April 27, 2011). Read James Gaitis guest-posts about the case here and here. On May 17, 2011,
GUEST-POST PART II | No Mass Arbitration in ICSID Cases – The Abaclat Dissent
By Victoria VanBuren - December 12, 2011
By S.I. Strong Some interesting new arguments found their way into the dissenting opinion. For example, the dissent considered how mass claims are treated under various United Nations mass claims processes, claiming that these processes are analogous to ICSID arbitrations. See Award dated October 28, 2011, ¶¶ 176-81. This is an interesting proposition that bears closer analysis, since there are likely a variety of ways that the Permanent Court of
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
New York State Bar Association | Guidelines for the Arbitrator’s Conduct of the Pre-Hearing Phase
By Victoria VanBuren - December 6, 2011
Our friend John Wilkinson alerted us of that the ADR Section of the New York State Bar Association was combining into a single attractive booklet its April 2009 Guidelines for the Arbitrator’s Conduct of the Pre-Hearing Phase of Domestic Commercial Arbitrations and its November 2010 Guidelines for the Arbitrator’s Conduct of the Pre-Hearing Phase of International Arbitrations. The booklet just came out and you may download the pdf ver
Book | Definitive Creative Impasse-Breaking Techniques in Mediation
By Victoria VanBuren - November 4, 2011
Definitive Creative Impasse-Breaking Techniques in Mediation, a resource for mediators and attorneys, has been recently released by the New York State Bar Association. Edited by Molly Klapper, J.D., Ph.D., it contains chapters written by leading practitioners, trainers, academics, and judges, including John DeGroote (contributor of this blog), Professor Vivian Berger, Professor Dwight Golann, Hon. William A. Dreier, Laura A. Kaster, and Hon. Barb
JAMS Launches International Branch
By Victoria VanBuren - September 30, 2011
JAMS, the U.S. arbitration and mediation provider, has launched its international arm and unveiled a panel of more than 40 arbitrators and mediators to handle cross-border disputes. JAMS International is headquartered in London, with additional hearing locations in Amsterdam, Milan, New York, and Rome. For more information, visit the JAMS International website. The press release is here. Technorati Tags: law, ADR, arbitration
Recent Developments in International Arbitration | Sept. 2011
By Victoria VanBuren - September 13, 2011
Following are this month’s recent developments in international arbitration law published by the International Law Office: Germany: Court rules on New York Convention’s more-favourable right provision India: Supreme Court rules on dragging non-parties to arbitration Kenya: Arbitration: advantages, drawbacks and processes Spain: Arbitration Law is amended: compulsory insurance policy introduced Switzerland: Supreme Court confirms bench
GUEST-POST PART III: ICSID Accepts First-Ever Class-Type Arbitration
By Victoria VanBuren - August 31, 2011
By S.I. Strong Ultimately, concerns about individual litigation rights did not turn out to be a problem for several reasons. First, the scope of the consent given in the TFA offset any objections from claimants. Second, the homogenous nature of the claims offset any objections from the respondent. Indeed, the tribunal noted that forcing Argentina “to face 60,000 proceedings would be a much bigger challenge to Argentina’s effective defense rights
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