Category Archives: General

New Dispute Resolution Center for Complex Financial Transactions Opens in The Hague

From the Global Arbitration Review (1/16/12): “The world’s first specialist centre to resolve disputes arising from complex financial transactions has opened in The Hague. PRIME Finance – the Panel for Recognised International Market Experts – was declared open for business today by the Dutch minister of finance, Jan Kees de Jager. It will draw on … Continue reading New Dispute Resolution Center for Complex Financial Transactions Opens in The Hague

SDNY Invalidates Class Waiver for FLSA Claim

Earlier this month, the NLRB ruled that employers may not require employees to consent to the waiver of class rights as part of an employment arbitration agreement. The NLRB’s rationale was that the Fair Labor Standards Act and the Norris-LaGuardia Act guarantee employees the right to enforce their provisions through collective action. Now, in Sutherland … Continue reading SDNY Invalidates Class Waiver for FLSA Claim

Institute for Transnational Arbitration: First Annual Winter Forum in San Francisco – February 1-2, 2012

I am pleased to share this invitation from Susan Franck (Wash. & Lee): I wish to draw your attention to the Institute for Transnational Arbitration (ITA) and its First Annual Winter Forum in San Francisco. It is the first event of its kind that is designed to drawn together the synergies of serious scholars of … Continue reading Institute for Transnational Arbitration: First Annual Winter Forum in San Francisco – February 1-2, 2012

Weidemaier on How Arbitrators Use and Create Precedent

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

SEC Publishes for Comment Proposal to Exempt Collective Actions from FINRA Arbitration

In a Federal Register notice issued last week, the SEC published for public comment a proposal to amend Rule 13201 of the FINRA Code of Arbitration Procedure for Industry Disputes to expressly preclude employees of FINRA members from arbitrating collective actions arising under the Fair Labor Standards Act, the Age Discrimination in Employment Act or the Equal … Continue reading SEC Publishes for Comment Proposal to Exempt Collective Actions from FINRA Arbitration

New submission date (2/17) for Proposals to host the 2012 WIP Conference

We have decided to give some more time for interested schools to apply host the next WIP conference.  Please consider applying. The AALS Dispute Resolution Section is seeking a host for the 6th Annual Works-in-Progress Conference in the fall of 2012. The WIP Conference has proven to be quite successful, and it has quickly become one of … Continue reading New submission date (2/17) for Proposals to host the 2012 WIP Conference

Federal Support for Foreclosure Mediation

Just as some states are giving up on their foreclosure mediation programs (see my note on the demise of Florida’s program here), the Department of Justice is urging greater investment in foreclosure mediation. Through the report of its Access to Justice Initiative, DOJ makes a number of recommendations, including increased research and evaluation of state … Continue reading Federal Support for Foreclosure Mediation

Raymond Shonholtz: Community Mediation Visionary

Earlier today, I learned that Raymond Shonholtz died.  He was a founder and president of the San Francisco Community Boards.  It would be hard to overstate the role these community boards played in the evolution of mediation in the United States, not just the small claims versions thereof, but also many of the facilitative and … Continue reading Raymond Shonholtz: Community Mediation Visionary

Unsurprising is Exactly How I Would Describe Compucredit v. Greenwood

Paul beat me to the punch, but I could not agree more with him that the Court’s decision in Compucredit v. Greenwood is unsurprising. The true mystery of the case is that the Court took it in the first place. Until Congress decides to make it clear that a particular statutory claim cannot be arbitrated, … Continue reading Unsurprising is Exactly How I Would Describe Compucredit v. Greenwood

Supreme Court Holds CROA Claims Arbitrable, Surprising No One

In a thoroughly unsurprising decision, the Supreme Court today held in CompuCredit Corp. v. Greenwood that claims under the federal Credit Repair Organizations Act are arbitrable. CROA contains a disclosure rule requiring that consumers be notified that they “have a right to sue a credit repair organization that violates the Credit Repair Organization Act.” The … Continue reading Supreme Court Holds CROA Claims Arbitrable, Surprising No One