Searching Content indexed under Arbitration & Dispute Resolution by Mintz ordered by Published Date Descending.
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Federal Courts Should Rethink The Personal Jurisdiction Requirement Of 28 U.S.C. § 1782
The increasingly popular federal statute concerning cross-border judicial assistance, 28 U.S.C. § 1782, enables a District Court to order ...
United States
20 Nov 2019
BUBBLER – California Keeps Saying No(vember)
In addition to death and taxes, there's one more certainty in life -- that California's General Assembly will keep employment lawyers in business.
United States
18 Nov 2019
California Prohibits Mandatory Employment Arbitration
California Governor Gavin Newsom just signed AB 51 into law, which means that effective January 1, 2020, employers will (purportedly)
United States
18 Nov 2019
Second Circuit Affirms The Extraterritorial Discovery Reach Of 28 U.S.C. § 1782
The increasingly popular federal statute concerning cross-border judicial assistance, 28 U.S.C. § 1782, enables a District Court to order a "person" that "resides or is found" within its jurisdiction
United States
14 Nov 2019
Waiving Claims For Public Injunctive Relief In California Arbitration Agreements: The McGill Rule On Appeal
The inclusion in arbitration clauses of a waiver of public injunctive relief has gained popularity generally, but such a waiver is currently unenforceable in California.
United States
30 Oct 2019
Can A Settlement Agreement Be Converted To An Arbitration Award That Is Enforceable Under The New York Convention?
Here is an interesting scenario: the parties to a cross-border commercial relationship have a dispute; they have an agreement to arbitrate;
United States
23 Oct 2019
Calling SCOTUS: Sixth Circuit Re-Establishes Circuit Split Re U.S. Discovery In Aid Of Foreign Commercial Arbitration (28 U.S.C. § 1782)
The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration proceeding constitutes a ...
United States
16 Oct 2019
Attacking An Inexplicable Arbitration Award: "Manifest Disregard of the Law" Or Something Else?
What to do with an arbitration award that appears to be fatally internally inconsistent and provides no explanation or reconciliation of the inconsistency?
United States
27 Sep 2019
California Supreme Court Delivers PAGA Win For Employers
In a significant victory for California employers who use arbitration agreements, the California Supreme Court ruled
United States
20 Sep 2019
Incorporation By Reference Of A Commercial Contract's Arbitration Clause Can Bind A Non-Signatory Performance Bond Surety
Heads up, sureties! (And all other contracting parties.) Incorporation by reference of the terms of one agreement into another is a classical common law basis for binding
United States
11 Sep 2019
New Convention Aims To Make Mediated Settlements An Attractive Means Of Resolution Of International Disputes . . . But Will It?
The United States joined 45 other countries on August 7, 2019 as the initial signatories of the UN Convention on International Settlement Agreements Resulting from Mediation
United States
4 Sep 2019
Judge Rakoff Unseals Documents In Petrobras Securities Class Action To Allow Use In Foreign Arbitration, Bypassing Traditional Requirements Of 28 U.S.C. § 1782
Years after Plaintiffs brought a federal securities complaint against Petrobras, and more than a year after the case settled for approximately $3 billion, Judge Jed S. Rakoff
United States
16 Aug 2019
Who Decides The "Class Arbitrability" Issue: Fifth Circuit Joins Consensus That It Is A Court, Not An Arbitrator, But Evidently Missed The Memo From SCOTUS About The Exception
Add the Fifth Circuit to the growing list of Federal Circuit Courts that have decided that "class arbitrability" is a gateway question for a court, rather than an arbitrator
United States
7 Aug 2019
The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate
Federal law nowadays certainly favors enforcement of agreements to arbitrate. But generally applicable state contract law determines contract formation – i.e
United States
1 Aug 2019
SDNY Judge Rules Agreements To Arbitrate Sexual Harassment Claims Are Enforceable, Despite New York Law
A New York Federal District Court Judge ruled last week that an agreement to arbitrate sexual harassment claims is enforceable despite a New York law prohibiting mandatory arbitration agreements
United States
17 Jul 2019
Application To Compel Arbitration Under New York CPLR 7503: What Does It Mean To Be "Aggrieved"?
A party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration.
United States
21 Jun 2019
The Bubbler - June 2019
The court's ruling serves as an illustration that noncompliant practices can have very costly effects on employers.
United States
21 Jun 2019
Establishing Jurisdiction Over Federal Court Motions To Confirm, Vacate Or Modify Domestic Arbitral Awards
As discussed in earlier posts, the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1, et seq., does not provide an independent basis for federal subject matter jurisdiction over federal court
United States
30 May 2019
"Interim Measures" In Arbitration: Requiring Pre-Hearing Security For Payment Of An Eventual Final Award
Can an arbitrator require an arbitrating party to post collateral prior to a hearing on the merits of the substantive claim(s) as security with respect to payment of a possible final award
United States
20 May 2019
You'll Have To Say It If You Mean It: Supreme Court Holds That Agreement To Permit "Class Arbitration" Must Be Express And Unambiguous
Predictably, the U.S. Supreme Court has ruled in Lamps Plus, Inc. v. Varela, No. 17-988, 2019 U.S. LEXIS 2943 (U.S. April 24, 2019),
United States
20 May 2019
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