Category Archives: Arbitration

Are American Companies Less Innovative in DSD Because Consumer Arbitration is Permissible?

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Interesting post by Rick Bales over at Workplace Prof Blog — Rick suggests that European countries may be ahead of the U.S. in development of dispute systems design because the EU countries did not allow the process of consumer arbitration to take hold. American companies, bolstered by Supreme Court rulings, are less innovative in dispute … Continue reading Are American Companies Less Innovative in DSD Because Consumer Arbitration is Permissible? →

Szalai: DirecTV v. Imburgia Turns Arbitration Law On Its Head

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Arbitration guru Imre Szalai (Loyola) provides us with his thoughts on the Supreme Court’s recent DirecTV case.  Naturally Imre kicked off the listserv thread Jill mentioned yesterday.  And here’s a link to Imre’s arbitration blog for further info on the case. Earlier today, the Supreme Court issued its decision in DirecTV v Imburgia. Three issues … Continue reading Szalai: DirecTV v. Imburgia Turns Arbitration Law On Its Head →

SCOTUS hands down DirecTV v. Imburgia opinion today

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Today the Supreme Court handed down its opinion in DirecTV v. Imburgia today.  No surprises here – the FAA acts as glue when there is an arbitration clause in a contract.  Maybe most surprising in Justice Breyer’s opinion is the “and we mean it” exhortation to the lower courts.  In an ironic twist, this finger-wagging … Continue reading SCOTUS hands down DirecTV v. Imburgia opinion today →

CFPB to Propose Rule Banning Enforcement of Class Action Waivers in Pre-Dispute Arbitration Agreements in the Financial Services Industry

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Today, the CFPB issued a statement indicating that they are going to propose a rule that would prohibit the financial services industry (banks, credit card issuers etc.) from including class action waiver provisions in pre-dispute arbitration agreements that they require consumers to sign as a condition of doing business with the financial services provider. In … Continue reading CFPB to Propose Rule Banning Enforcement of Class Action Waivers in Pre-Dispute Arbitration Agreements in the Financial Services Industry →

Interesting New Article on FAA Preemption By Gary Spitko

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I just learned that Gary Spitko’s latest article, “Federal Arbitration Act Preemption of State Public-Policy-Based Employment Arbitration Doctrine: An Autopsy and an Argument for Federal Agency Oversight,” has just been published in volume 20 of the Harvard Negotiation Law Review. The article (abstract below) explores the relationship between federal preemption in arbitration and the ability … Continue reading Interesting New Article on FAA Preemption By Gary Spitko →

Another View of the Arbitration Cathedral–Further Thoughts on Sharif

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In her post this week, Jean Sternlight argues that the logic of the Supreme Court’s recent decision in Wellness Int’l Network v. Sharif casts doubt on the constitutionality of private mandatory arbitration, at least as applied to consumers and employees. She challenges the insistence by the Court’s pro-arbitration Justices that arbitration does not implicate constitutional rights ecause arbitrators … Continue reading Another View of the Arbitration Cathedral–Further Thoughts on Sharif →

Everything You Know about Dispute Resolution is Wrong – Can You Handle the Truth?

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You are cordially invited to this program at the ABA conference in Seattle, which will take place on Friday, April 17, from 3-4:15, in the Orcas Room. My partners in crime for this caper are Alyson Carrel, Jim Coben, and Noam Ebner. Here’s the idea for our program – How many times have you heard … Continue reading Everything You Know about Dispute Resolution is Wrong – Can You Handle the Truth? →

Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes

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Jen wrote a comment about my post that built on Prof. Vincent Cardi’s new article, “Litigation as Violence,” describing some effects of “violence” even from non-physical acts.  She wrote: We in ADR should not undervalue, when analyzing the dispute resolution landscape, the regulatory function of litigation in the United States.  A business executive may feel … Continue reading Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes →

International Dispute Resolution Symposium at Washington University

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The Washington University School of Law Whitney R. Harris World Law Institute and Negotiation & Dispute Resolution Program (that’s a mouthful) is sponsoring a symposium on international dispute resolution on Friday, Feb. 6, from 8:30 am until noon. The symposium includes panels entitled “International Arbitration and the Cross-Border Deal” and “Mediating International Disputes – An … Continue reading International Dispute Resolution Symposium at Washington University →