Category Archives: Arbitration

Theodore St. Antoine to Deliver 2016 Schwartz Lecture at OSU’s Moritz College of Law on April 5

Theodore St. Antoine, the James E. & Sarah A. Degan Professor of Law Emeritus at the University of Michigan, will deliver the 2016 Schwartz Lecture on Dispute Resolution. Professor St. Antoine’s lecture will take place on April 5 at 12:10 in Saxbe Auditorium at The Ohio State University Moritz College of Law. The Moritz Program … Continue reading Theodore St. Antoine to Deliver 2016 Schwartz Lecture at OSU’s Moritz College of Law on April 5

Are American Companies Less Innovative in DSD Because Consumer Arbitration is Permissible?

Interesting post by Rick Bales over at Workplace Prof Blog — Rick suggests that European countries may be ahead of the U.S. in development of dispute systems design because the EU countries did not allow the process of consumer arbitration to take hold. American companies, bolstered by Supreme Court rulings, are less innovative in dispute … Continue reading Are American Companies Less Innovative in DSD Because Consumer Arbitration is Permissible?

Szalai: DirecTV v. Imburgia Turns Arbitration Law On Its Head

Arbitration guru Imre Szalai (Loyola) provides us with his thoughts on the Supreme Court’s recent DirecTV case.  Naturally Imre kicked off the listserv thread Jill mentioned yesterday.  And here’s a link to Imre’s arbitration blog for further info on the case. Earlier today, the Supreme Court issued its decision in DirecTV v Imburgia. Three issues … Continue reading Szalai: DirecTV v. Imburgia Turns Arbitration Law On Its Head

SCOTUS hands down DirecTV v. Imburgia opinion today

Today the Supreme Court handed down its opinion in DirecTV v. Imburgia today.  No surprises here – the FAA acts as glue when there is an arbitration clause in a contract.  Maybe most surprising in Justice Breyer’s opinion is the “and we mean it” exhortation to the lower courts.  In an ironic twist, this finger-wagging … Continue reading SCOTUS hands down DirecTV v. Imburgia opinion today

CFPB to Propose Rule Banning Enforcement of Class Action Waivers in Pre-Dispute Arbitration Agreements in the Financial Services Industry

Today, the CFPB issued a statement indicating that they are going to propose a rule that would prohibit the financial services industry (banks, credit card issuers etc.) from including class action waiver provisions in pre-dispute arbitration agreements that they require consumers to sign as a condition of doing business with the financial services provider. In … Continue reading CFPB to Propose Rule Banning Enforcement of Class Action Waivers in Pre-Dispute Arbitration Agreements in the Financial Services Industry

Interesting New Article on FAA Preemption By Gary Spitko

I just learned that Gary Spitko’s latest article, “Federal Arbitration Act Preemption of State Public-Policy-Based Employment Arbitration Doctrine: An Autopsy and an Argument for Federal Agency Oversight,” has just been published in volume 20 of the Harvard Negotiation Law Review. The article (abstract below) explores the relationship between federal preemption in arbitration and the ability … Continue reading Interesting New Article on FAA Preemption By Gary Spitko

Another View of the Arbitration Cathedral–Further Thoughts on Sharif

In her post this week, Jean Sternlight argues that the logic of the Supreme Court’s recent decision in Wellness Int’l Network v. Sharif casts doubt on the constitutionality of private mandatory arbitration, at least as applied to consumers and employees. She challenges the insistence by the Court’s pro-arbitration Justices that arbitration does not implicate constitutional rights ecause arbitrators … Continue reading Another View of the Arbitration Cathedral–Further Thoughts on Sharif

Everything You Know about Dispute Resolution is Wrong – Can You Handle the Truth?

You are cordially invited to this program at the ABA conference in Seattle, which will take place on Friday, April 17, from 3-4:15, in the Orcas Room. My partners in crime for this caper are Alyson Carrel, Jim Coben, and Noam Ebner. Here’s the idea for our program – How many times have you heard … Continue reading Everything You Know about Dispute Resolution is Wrong – Can You Handle the Truth?