Monthly Archives: December 2021

Igor Gorchakov and Andrey Panov of Allen & Overy have this article, available at JD Supra, discussing the Russian Supreme Court’s recent decision in Uraltransmash vs PESA, which, as the article notes, is “of great interest for every party doing business with Russian companies.” As the article explains, finding that “sanctioned persons are free toContinue reading ““Russian Supreme Court says sanctioned persons may ignore arbitration clauses””

Last year, in the aftermath of George Floyd’s murder, Uber adopted what it intended to be a supportive measure by freeing black-owned restaurants of delivery charges. The policy received pushback, resulting in a reverse discrimination claim by the state of Arizona that Uber subsequently settled. Additionally, and more relevant to this site, attorneys filed withContinue reading ““Arbitration Claimants Ask for Court Order Compelling UberEats to Pay AAA Fees””

In the world of ADR, questions of impartiality most often with respect to arbitration. Insofar as an arbitrator is entrusted with picking a winner in a contested proceeding, prior relationships with the parties and their counsel warrant careful scrutiny to ensure there is no explicit or inherent bias. Mediator impartiality, while certainly important, generally doesContinue reading ““Boy Scouts bankruptcy judge ousts mediator, questioning ‘impartiality’””

Ellen Phillips of Squire Patton Boggs has authored this article, available at The National Law Review, discussing the Sixth Circuit’s recent 2-1 decision in In re: StockX Customer Data Security Breach Litigation. As Attorney Phillips emphasizes, the case serves as a reminder that “If one wants a court to determine whether an arbitration agreement is enforceable,Continue reading ““Sixth Circuit emphasizes the importance of challenging an arbitration agreement’s delegation clause to allow a court to resolve the arbitration agreement’s enforceability.””

In RTM Capital Partners, Inc. v. Barnes, a decision by my long ago law firm colleague, U.S. Magistrate Judge Dave Vatti, the court provides a detailed analysis of an arbitration provision that is worth reading in its entirety. Perhaps most interesting, however, is Judge Vatti’s view that the arbitration agreement, facially broad in that itContinue reading “Federal Court Rejects Arbitration Provision As Being Contrary To Public Policy”