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Lou Chang publishes a bi-monthly ADR e-newsletter with arbitration and mediation news, case notes, ADR training events and mediation information developments
Drafting Arbitration Clauses: Part I (General Commercial Matters)
Arbitration is traditionally a product of contractual agreement. There are a few exceptions where arbitration is the product of judicial rules (Court Annexed Arbitration) or statutory provisions (Arbitration of condominium disputes). Often, a simple sentence or two in...
Are you bound to arbitrate?
Commercial and Consumer Contracts. When a written agreement contains a clear, well-crafted, broad arbitration clause, parties will be bound to arbitrate. An excellent example is the recent case of Fox v. Transunion, 2018 U.S. Dist. LEXIS 183937 (S.D. Ohio Oct. 26,...
U.S. Supreme Court rules that “gateway” jurisdictional issues traditionally reserved to the Courts to decide can be delegated by the parties to be decided by the arbitrator.
In Henry Schein, Inc. v. Archer & White Sales, Inc., (January 8, 2019), a decision written by Justice Kavanaugh, the Supreme Court unanimously ruled that: Under the Federal Arbitration Act, “arbitration is a matter of contract, and courts must enforce arbitration...
Are you/your client ready for mediation?
It is now well established that mediation is an extremely effective process for the resolution of a wide variety of business, personal, contract and other legal disputes. Party self-determination and control of decisions leads to more durable resolutions. Preparing...
Ninth Circuit Issues several employment/collective bargaining decisions
In Dent et. al v. NFL, No. 15-15143, Sept. 6, 2018, former football players brought a class action suit asserting negligence, breach of statutory obligations, negligent hiring and negligent misrepresentation claims against the NFL in connection with the leagues...
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