Wednesday, May 05, 2010

Dispute Resolution in the Global Economy

Great article discussing trends and factors in international arbitration success.

Sunday, May 02, 2010

Financial reform: Mandatory arbitration?

House financial reform legislation, HR 4173, and Senate reform bill, S 3217 could impact you giving the SEC authority to prohibit mandatory arbitration clauses in broker-dealer and investment advisory accounts.

CA Supreme Court: Arbitration Awards can be Vacated

On Monday, April 26, the California Supreme Court by Justice Moreno, writing for a 4-3 majority, decided that courts may vacate arbitration awards such as Fair Employment and Housing Act claims when the arbitrator makes a "legal error" which deprives an individual of a hearing on unwaivable statutory rights.

Swiss Arbitrations Up

According to the Swiss Chambers' Court of Arbitration and Media newsletter, there has a been a high increase in Swiss arbitrations.

Arbitration Unconscionability lands in U.S. Supreme Court

On Monday, April 26, the U.S. Supreme Court heard arguments on Rent-A-Center West v. Jackson to determine how involved courts may be in the enforceability of an agreement. The transcript is available here. The question: Whether the district court is in all cases required to determine claims that an arbitration agreement subject to the Federal Arbitration Act is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this “gateway” issue to the arbitrator for decision.