A resource for litigators, in-house counsel, and arbitrators
Welcome back to ArbitrationNation after a pandemic and protests hiatus. I hope that you and your families are safe and that you’re confronting and coping with the injustices of our world.
I’m glad to have a good reason to write about arbitration again. I’ve got a boatload of arbitration developments and cases to catch up…
Welcome to 2020!
I hope that you all had a safe and rejuvenating holiday season. A new decade brings us plenty of new opportunities for thrilling arbitration news and developments!
But, up first, more on class arbitrability. I know. I know. So last decade. But trust me, this is a case you want to keep…
Seems like I’m picking on the gig economy these days. I really don’t mean to be. But a former research assistant of mine brought an important, hot-off-the-presses decision to my attention, O’Hanlon v. Uber Techs., Inc., No. 2:19-cv-00675, 2019 BL 434840 (W.D. Pa. Nov. 12, 2019).
The case presents a couple of important Arbitration…
Four weeks ago, the boundary between public enforcement and private dispute resolution became more blurred. On September 4, the Justice Department announced that it had agreed to binding arbitration on the key issue in a current merger case—the market definition.
The enforcement action is garden variety. It challenges Novelis Inc.’s proposed acquisition of Aleris Corporation. …
Delegation provisions are a hot topic this year! This week, we’re going to look at two more circuit court decisions centering on delegations and finding ways around them.
Just to set the stage, though, I’ve got to put a little egg on my own face. To quote myself from back in June: “it’s almost…
Happy August! What’s a better way to start the month than thinking about class arbitrability! Again. Ugh.
Trust me, I would much rather consider so many other exciting arbitration issues, but this one seems to be occupying a lot of court attention, so I’d be remiss not to report on it.
Since my last update,…
The Fifth Circuit just deepened (and confused) a Circuit split over the question of who decides whether an arbitration agreement permits class proceedings. See 20/20 Communications, Incorporated v. Crawford, 2019 WL 3281412 (5th Cir. July 22, 2019).
Liz has written about the split here, here, and here. (You might also recall…
So, remember when we talked about Just How Small the Bullseye Is for Challenging a Delegation Clause a few weeks ago? Apparently, the target is small but not necessarily as unhittable as I suggested.
You might recall that in that earlier post we were looking at a Missouri Supreme Court decision, State Ex Rel. Newberry …
Two posts on arbitration law in one day! What?!? Is it your birthday?
No, no. (Well, maybe. And if so, happy birthday!) It’s just that I finished reading what I think are the three most significant and fascinating arbitration cases to be decided so far this year. I’m so excited that I had to write…
Happy summer! It’s been far too long since my last update, but rest assured I have been thinking a lot about arbitration. In fact, I’m currently teaching a summer course at Queen Mary University of London’s International School of Arbitration, which is a ton of fun.
My teaching, in fact, partly inspired this post. Teaching…