Category Archives: Arbitration

Weidemaier on How Arbitrators Use and Create Precedent

1 Comment

Mark Weidemaier (University of North Carolina) has posted Judging Lite: How Arbitrators Use and Create Precedent. The abstract: Common wisdom has it that arbitrators neither follow nor make precedent, with potentially dire consequences. These include the failure to enforce individual rights and the possibility that, over time, widespread use of arbitration will result in the … Continue reading Weidemaier on How Arbitrators Use and Create Precedent →

How Will Courts Review the NLRB Employment Class Action Decision?

3 Comments

Jean Sternlight’s post on the NLRB’s decision in D.R. Horton, Inc. and Michael Cuda cogently summarizes the NLRB’s rationale for treating class waivers differently in the employment context governed by the NLRA than in other FAA contexts. As she points out, this decision is controversial. Because it runs counter to a steady current of Supreme Court … Continue reading How Will Courts Review the NLRB Employment Class Action Decision? →

NLRB Bars Class Action Waivers in Labor and Employment Cases

3 Comments

After being part of the panel at the AALS meeting that declared class arbitration dead, Jean Sternlight from UNLV contributes a guest post about the NLRB’s declaration that “they’re not dead yet.”  In all seriousness, the discussion on the future of arbitration was fantastic.  Thanks to Jean and all of the other presenters, and congratulations to Jen … Continue reading NLRB Bars Class Action Waivers in Labor and Employment Cases →

Originalism, Arbitration, and the Civil Jury

2 Comments

In Buckeye Check Cashing v. Cardegna, Justice Scalia authored an opinion for the Supreme Court holding that, where a consumer credit contract contains an arbitration provision, the arbitrator rather than a court decides all questions about the legality of the underlying debt instrument. Buckeye’s holding was controversial, because it effectively pushes a consumer debtor into arbitration … Continue reading Originalism, Arbitration, and the Civil Jury →

Occupy Arbitration? Judicial Nonviolent Resistance

5 Comments

Over the past 18 months, the Supreme Court has become increasingly brazen in using the Federal Arbitration Act to cut off procedural rights–and in the process substantive rights–established by Congress and state legislatures. Through its decisions in Rent-a-Center, Stolt-Nielsen, and Concepcion, the Court has handed the Chamber of Commerce a simple recipe for relieving itself of many of … Continue reading Occupy Arbitration? Judicial Nonviolent Resistance →

International Arbitration Symposium at Mizzou

If you’re interested in internation commercial arbitration and weren’t able to make it to the University of Missouri School of Law for their recent symposium, you’ll want to watch the video linked below of Gary Born, a leading international commercial arbitration figure.  Here’s a blurb that Stacie Strong, the conference chair, sent my way.  Happy … Continue reading International Arbitration Symposium at Mizzou →

Is collective arbitration the same thing as class arbitration?

1 Comment

According to a four-judge panel of New York’s Appellate Division, First Department, collective arbitration is not the same as class arbitration, such that the Supreme Court’s holding in Stolt-Nielsen (precluding class arbitration if the arbitration agreement is silent on the issue) does not apply to a collective of more than 700 Jet Blue pilots seeking … Continue reading Is collective arbitration the same thing as class arbitration? →