The ABA Section of Dispute Resolution seeks experienced mediators and lawyers to be judges and mediators for the Representation in Mediation Competition National Finals. Final Rounds will take place in conjunction with the Section’s Spring Conference at the Sheraton Downtown Denver, in Denver, Colorado, April 13-14. In this competition, law students role-play as attorneys and … Continue reading Volunteer Judges and Mediators Needed for National Finals of Mediation in Representation Competition →

Yesterday, the Second Circuit Court of Appeals reaffirmed its earlier decision in In re Am. Express. Merchs. Litig., 554 F.3d 300 (2009), that a pre-dispute arbitration clause in a credit card agreement (American Express) was not enforceable because it contained a provision requiring consumers to waive their rights to pursue claims as a class. See … Continue reading Second Circuit Once Again Refuses to Enforce an Arbitration Clause in a Credit Card Agreement With A Class Action Waiver →

A federal district court judge’s decision a few weeks ago to issue a TRO to enjoin several FINRA arbitrations against Securities America so as to preserve the broker-dealer’s assets to pay a class action settlement reached in the district court has drawn a lot of media coverage. Earlier today, Professor Black posted on the Securities … Continue reading Texas Judge Enjoins FINRA Arbitrations To Preserve Respondents’ Assets for Class Action Settlement →

For those readers interested in the topic of how mediators persuade parties, James Stark (U Conn) and Douglas Frenkel (U Penn) recently posted on SSRN a working paper entitled “Changing Minds: The Work of Mediators and Empirical Studies of Persuasion.” Here is the abstract: The use of mediation has grown exponentially in recent years in … Continue reading Stark and Frenkel on Mediators and Persuasion →

As promised, I have reviewed the papers in Stok & Associates, P.A. v. Citibank, N.A, Docket 10-514, in which the Supreme Court granted certioriari last week to decide the following question: “Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by … Continue reading More on Stok and Arbitration Waiver →

On Tuesday (Feb. 22), the Supreme Court granted a cert petition in Stok & Associates v. Citibank, Docket 10-514. The issue presented is: “Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver … Continue reading Supreme Court Grants Cert. Petition in Arbitration Case →

FINRA continues to revise its Codes of Arbitration Procedure in response to developments in arbitration practice. This week FINRA filed with the SEC two new rule change proposals: (1) to codify current practice that parties have the right to reply to responses to motions within five days of the response; and (2) to eliminate the … Continue reading More FINRA Dispute Resolution Arbitration-Related Rule Proposals →

The Seventh Circuit Court of Appeals recently held that a court cannot consider an arbitrator’s reputational interest in being appointed again in the future when determining whether that arbitrator is “disinterested” within the meaning of the parties’ arbitration agreement. Trustmark Ins. Co. v. Hancock Life Ins. Co. (USA), __ F.3d __, 2011 WL 285156 (7th … Continue reading Arbitrator’s “Reputational Interest” In Being Appointed Again Does Not Impact His Neutrality →

The anti-consumer arbitration movement is coming to a theatre (and TV screen) near you. HBO just acquired the rights to air, after its Oscar-qualifying theatrical run, the documentary “Hot Coffee,” which premiered at the Sundance Festival in Park City, Utah last week. The documentary tells the story of the woman who obtained a $2.7 million … Continue reading Documentary film at Sundance festival decries tort system and mandatory arbitration →

Last week, France adopted a new law on arbitration, Decree No. 2011-48 dated January 13, 2011. The law, the first French reform of arbitration law since the 1980s, codifies existing case law, reaffirms the French legal system’s support of arbitration, and seeks to establish France as a leader in the field of international arbitration. In … Continue reading France Adopts New Arbitration Law →