November 13, 2014

Industry Response to Consumer Arbitration Study

By Paul Kirgis

Alan Kaplinsky and Mark Levin, Ballard Spahr attorneys writing on their CFPB Monitor blog, have offered their initial thoughts on the study of consumer understanding of arbitration agreements that my St. John’s colleagues and I recently posted. My colleague Jeff … Continue reading

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November 13, 2014 in Arbitration | Permalink | 2 Comments

June 17, 2014

Gilles & Sebok on Crowd-Classing Individual Arbitrations

By Paul Kirgis

In a new article published as part of DePaul Law School’s excellent annual Clifford Symposium on Tort Law & Social Policy, Miriam Gilles and Tony Sebok take up the subject of Crowd-Classing Individual Arbitrations in a Post-Class Action Era. They … Continue reading

April 23, 2014

Strong on Class, Mass, and Collective Arbitration discussed at ITA-ASIL Conference

By Art Hinshaw

Stacie Strong (Missouri) sends this dispatch from the recent Institute of Transnational Arbitration – American Society of International Law (aka ITA-ASIL) conference in Washington D.C. ———————————— The last few years have seen a significant number of judicial opinions concerning class … Continue reading

March 26, 2014

Sternlight – Public Justice on Companies’ Use of ‘Bait and Switch’ in Arbitration

By Art Hinshaw

Semi-regular guest blogger Jean Sternlight (UNLV) brings us news from Public Justice’s take on the “bait and switch” going on in consumer arbitration. ———————————– Public Justice, a public interest law firm that has been fighting mandatory consumer and employment arbitration … Continue reading

February 6, 2014

Nappert Prize in International Arbitration

By Art Hinshaw

From Stacie Strong via the list serv. McGill University is pleased to host the Nappert Prize in International Arbitration, which is open to all students, junior scholars and junior practitioners from around the world. To be eligible for the prize, … Continue reading

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February 6, 2014 in Arbitration | Permalink | No Comments

December 16, 2013

Sternlight: Tide Turning a Bit on Mandatory Arbitration Through Recognition that Process Suppresses Claims?

By Art Hinshaw

FOI and semi-regular guest blogger Jean Sternlight (UNLV) shares with us her latest thoughts about mandatory arbitration. ——————————————– These have been very bleak times for those, like me, who abhor mandatory arbitration because they think it disserves consumers, employees, and others.  In case after … Continue reading

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December 16, 2013 in Arbitration | Permalink | No Comments

September 5, 2013

The Most Recent Example of Arbitration Overreach

By Paul Kirgis

Paul Bland has a compelling post on the Second Circuit’s recent decision in Duran v. The J. Hass Group, in which the court enforced an arbitration agreement requiring a consumer from New York, who alleged she was defrauded of almost $4000, … Continue reading

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September 5, 2013 in Arbitration | Permalink | No Comments

July 16, 2013

Call for Papers – Forced Arbitration in the Workplace

By Art Hinshaw

Jean Sternlight passes this along this call for papers for what looks like an interesting symposium. ——————————————————————–  Forced Arbitration In The Workplace: A Symposium About the Symposium  The Berkeley Journal of Employment and Labor Law (BJELL) and The Employee Rights Advocacy … Continue reading

June 28, 2013

Aragaki on Szalai’s Outsourcing Justice: The Rise of Modern Arbitration Laws in America

By Art Hinshaw

Friend of Indisputably Hiro Aragaki (Loyola, Los Angeles) shares his thoughts on Imre Szalai’s (Loyola, New Orleans) new book Outsourcing Justice: The Rise of Modern Arbitration Laws in America.  And don’t forget to follow Imre’s blog of the same name … Continue reading

June 25, 2013

SEC Seeks Public Comment on Arbitrator Selection Rule Proposal

By Jill Gross

The SEC has published for public comment a rule change proposal filed by FINRA to alter the arbitrator selection method in three-arbitrator customer cases.   Comments are due by July 11, 2013. Currently, customers must elect a panel composition method at the … Continue reading

May 17, 2013

Schwab removes class action waiver from customer agreements

By Jill Gross

Responding to substantial pressure from regulators and the investing public, the brokerage firm Charles Schwab reversed itself and eliminated the class action waiver clause from its pre-dispute arbitration clause in its customer account agreements. See news coverage here. Readers of … Continue reading

May 8, 2013

Arbitration Fairness Act of 2013 introduced in Congress

By Jill Gross

Once again, a bill to ban mandatory arbitration of consumer, employment and civil rights disputes has been introduced into both houses of Congress. It is sponsored by Sen. Al Franken (D-MN) and Rep. Hank Johnson (D-GA). The text is not … Continue reading

March 19, 2013

The Supreme Court and the Future of Arbitration

By Art Hinshaw

At the 2012 AALS meetings Ron Aronovsky (Southwestern) organized the ADR Section’s program entitled The Supreme Court and the Future of Arbitration.  Here’s a short blurb describing the program. Over the past twenty five years, the range of disputes subject … Continue reading

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March 19, 2013 in Arbitration | Permalink | 1 Comment

December 7, 2012

Nitro-Lift Technologies v. Howard: Forum Selection and the FAA Savings Clause

By Paul Kirgis

As I argued in a recent post, Nitro-Lift Technologies v. Howard, 568 U.S. ___ (2012), is another in an increasingly long line of cases that trample on state sovereignty in the name of the Supreme Court’s fabricated “federal policy favoring … Continue reading

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December 7, 2012 in Arbitration | Permalink | 1 Comment

December 5, 2012

Nitro-Lift Technologies v. Howard: The Arbitration Locomotive Rolls On

By Paul Kirgis

As Jill Gross suggested in her post the other day, there is nothing novel about the Supreme Court’s per curiam decision in Nitro-Lift Technologies v. Howard, 568 U.S. ___ (2012). And the fact that the case seems unexceptional is powerful evidence … Continue reading

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December 5, 2012 in Arbitration | Permalink | 2 Comments

October 16, 2012

Class Actions are Dead, Long Live Social Media?

By Art Hinshaw

Another guest posting from FOI Jean Sternlight (UNLV). ————————- With the demise of class actions (thank you Supreme Court in AT&T Mobility v. Concepcion)  consumer advocates are struggling to find a way to continue to fight corporate malfeasance.  Several consumer … Continue reading

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October 16, 2012 in Arbitration | Permalink | No Comments

August 31, 2012

A Stumble in the March of Adjudicative Privatization: Delaware Chancery Arbitration Scheme Declared Unconstitutional

By Paul Kirgis

Last winter, I wrote about the Delaware Court of Chancery’s arbitration scheme, in which the court hired out its Chancery Judges to serve as “private” arbitrators, deciding in secret cases they otherwise would have been deciding in public, with proceeds … Continue reading

August 23, 2012

ABA Law Student Division Arbitration Competition

By Art Hinshaw

From Friend of Indisputably Kristen Blankley (Nebraska) – It is time to register for the American Bar Association 2012-13 Arbitration Competition!  For details about the competition and to register your school by the September 14 deadline, please visit the Arbitration Competition … Continue reading

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August 23, 2012 in Arbitration | Permalink | 1 Comment

August 13, 2012

Sternlight on Mandatory Arbitration and Procedurally Difficult Claims

By Art Hinshaw

You may remember the AALS ADR Section’s program “The Supreme Court and the Future of Arbitration” at the AALS Annual Meeting in January.  I thought the program was fantastic – kudos to Ron Aronovsky for putting the program together and … Continue reading

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August 13, 2012 in Arbitration | Permalink | 1 Comment

March 30, 2012

Helfland on Religion and Arbitration

By Art Hinshaw

If you’re not a regular reader of Prawfsblog, you’ve missed out on some excellent guest blogging by Michael Helfland (Pepperdine).  Helfland’s primary interest areas are arbitration and the intersection between law and religion and, not surprisigly, his Prawfs posts of interests focus … Continue reading

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March 30, 2012 in Arbitration | Permalink | 1 Comment

March 7, 2012

The Unfairness of Arbitration?

By Art Hinshaw

In today’s New York Times, Stanford Law Prof. Amalia Kessler has an interesting op-ed about consumer arbitration.  The interesting thing about this piece is not its arguments against consumer arbitration but its historical take on arbitration that looks back past the FAA.  That … Continue reading

March 4, 2012

SEC Seeks Public Comment on Two FINRA Dispute Resolution Rule Proposals

By Jill Gross

The SEC has published two requests for public comment on proposals to amend two separate FINRA Dispute Resolution procedural rules. The SEC’s first request for comment on a FINRA rule change proposal to raise the monetary threshold for Simplified Arbitration … Continue reading

March 2, 2012

The Commodification of Legal Decisionmaking

By Paul Kirgis

The Delaware Chancery Court arbitration scheme is on one side of a gold coin, with the “federal policy favoring arbitration” on the other. The story starts with the slow strangulation of the judiciary caused by Congress’s failure over the last … Continue reading

February 20, 2012

Cardozo Conference on Concepcion

By Paul Kirgis

On Thursday, April 26, 2012, Cardozo Law will hold a half-day conference on the scope and impact of AT&T Mobility v. Concepcion. The conference will begin at 1:30 and will feature scholars such as Jean Sternlight, Nina Pillard, Judith Resnik, … Continue reading

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February 20, 2012 in Arbitration | Permalink | 1 Comment

February 4, 2012

Schwab’s Complaint Against FINRA

By Jill Gross

Yesterday I mentioned that I heard Schwab sued FINRA in federal court for declaratory relief regarding the validity of its class action waiver in the arbitration clause of its customer agreement. Schwab claims that the FAA and the Supreme Court’s … Continue reading

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February 4, 2012 in Arbitration | Permalink | 3 Comments