Category Archives: Uncategorized

Matthew Iverson of Nelson, Mullins has this post, available at Lexology, describing the competing desires to seek vacatur of an unfavorable arbitration award and maintaining the confidentiality of the result. He discusses the Second Circuit’s decision in Stafford v. International Business Machines Corp, where the court held that sealing the award was appropriate when theContinue reading ““Don’t Put Your Arbitration Award’s Confidentiality At Risk””

This article, by Frank Shuster at Constangy, Brooks, Smith & Prophete, LLP, and available at JD Supra, provides solid mediation reminders to attorneys. My personal favorite is “Rule No. 3: Declare your victory when you see it,” where Attorney Shuster advises: “Once your defined victory has been presented to you by the mediator, take it.Continue reading ““Three often overlooked keys for a successful mediation””

James F. Bogan III of Kilpatrick Townsend has authored this article, available on Lexology, discussing the recent federal court decision in Montoya v. King.Com Limited. The court held that the question of arbitrability–where there was a conflict between general contractual terms of use, and those specifically applicable to a “Candy Crush All Stars” tournament–was forContinue reading ““Conflicting online terms – E.D. Va. rules that ‘arbitrability delegation’ clause requires that arbitrator resolve conflict”

Those who include arbitration provisions in commercial contracts follow one of two paths. In most instances, the parties agree to arbitrate in accordance with the rules of a leading arbitration provider such as the American Arbitration Association. Providers such as AAA have a developed, robust set of rules that are continually reviewed and updated toContinue reading ““A man needs to know his [statute of] limitations.” –Clint Eastwood”

Attorneys practicing in the Second Circuit take note. Allison Frankel of Reuters has authored this detailed and interesting analysis of United States District Judge Jesse Furman’s recent decision holding that a protective order entered in an arbitration cannot trump a grand jury subpoena. This decision, appearing to be one of first impression, distinguishes arbitral protectiveContinue reading ““Grand jury subpoenas trump protective orders in arbitration, says NY judge””

Attorney Joanne Deschenaux has authored this article, available at SHRM.org, discussing the California Court of Appeals decision in Hasty v. American Automobile Association of Northern California, Nevada & Utah. As the article explains, the appellate court deemed an arbitration agreement between the defendant association and an employed insurance sales agent to be both procedurally andContinue reading ““Poorly Written Arbitration Agreement Was Not Enforceable””

Companies seeking to avoid defending class actions sometimes include in contractual terms and conditions provisions requiring consumers claiming aggrievement to arbitrate their claims in individual proceedings. Attorneys representing consumers have responded by asserting mass claims–sometimes numbering in the thousands–which require the companies to pay exceedingly large fees to arbitration service providers to have the claimsContinue reading ““Updated AAA Rules and Fees Could Change the Mass Arbitration Landscape””

Retired judge, John Moore, who recently joined the ADR group at Pullman Comley offers great reminders for mediators–which attorneys also will benefit from reviewing–in this article available at JD Supra.

Thanks to Dave Reif for inviting and encouraging me to participate in the sharing of ideas regarding ADR issues that hopefully are timely and of interest. Here’s a discussion about how the Supreme Court may practically impact the timing and orderly pursuit of arbitrations.