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Category: Commercial
Featured Arbitrators
Appeals Court Affirms Employer’s Ability to
Compel Arbitration in Massachusetts

This article first appeared on Ogletree Deakins

insights, here. Mandatory arbitration clauses for
employment disputes have received a great deal...
By Rachel Mandel, Laurielle Howe

Facebook’s Oversight Board, Trump, and

Arbitration
Betty Widgeon, NAA
Website Email Phone
This article first appeared on the Arbitration USA
Blog, here. Earlier today, Facebook’s Oversight
Board issued its decision regarding Donald Trump’s
suspension... VIEW ALL
By Imre Szalai Results from: United States

Canada – Complex Contractual Matrix and

Lack of Privity Prompts Court to Propose
Arbitration

This article first appeared on Urbas Arbtiral here.

In CUSO International v. Pan American Development
Foundation, 2021 ONSC 3101, Mr. Justice...
By Daniel Urbas

Reminder Of American Exceptionalism In

Consumer Arbitration

“American exceptionalism” has been used to

reference the United States’ outlier policies in
various contexts, including its love for litigation. ...
By Amy Schmitz

FINRA Issues Reg Notice on “Do’s and

Don’ts” of PDAA Use in Customer
Agreements

This article first appeared on the Securites

Arbitration Alert (SAA) Blog here. FINRA has issued
a Regulatory Notice reminding industry...
By George Friedman

Arbitrator “Intelligence” and the

Mysterious Brown M&M
When Arbitrator Intelligence promised to increase
transparency, accountability, and diversity in
arbitrator selection, it was celebrated as a welcome
innovation....
By Katherine Simpson

Arbitration of Digital Disputes in Smart

Contracts and The Release of The Digital
Dispute Resolution Rules from The UK
Jurisdiction Taskforce

This article first appeared on Arbitration Notes by

Herbert Smith Freehills, here. On 22 April 2021 the
UK Jurisdiction Taskforce...
By Craig Tevendale, Chris Parker, Dorothy Livingston,
Vanessa Naish, Charlie Morgan

Enforcing Arbitral Awards Globally

Practical Considerations

This article first appeared on the Practical Law

Arbitration Blog, here. What happens after a
claimant successfully obtains an arbitral award
against...
By Christopher Tan, Christina Liew

COVID-19’s Continued Impact on ADR

Providers: The Key Institutions Update Us
on Plans for the Future

This article first appeared on the Securities

Arbitration Alert (SAA) Blog here. The COVID-19
pandemic hit all Americans in many...
By George Friedman

Arbitration Conversation No. 57:

Independent Arbitrator Julie G. Hopkins
from Calgary, Canada

In this episode of the Arbitration Conversation Amy

interviews Independent Arbitrator Julie G. Hopkins
from Calgary, Canada. Julie has decided...
By Julie Hopkins, Amy Schmitz

The Limits of Consent in Multi-Party

Arbitration Agreements

This article first appeared on Global Arbitration

News by Baker McKenzie, here. Certain arbitration
rules, such as Article 22.1(vii) of...
By Nandakumar Ponniya, Richard Allen, Nicholas Tan

Can You Waive Appellate Review of an

Arbitration Award? The Fourth Circuit Says
Yes

Many arbitration agreements address the finality of

any resulting award, with differing and sometimes
vague language. A number of readers...
By John Lewis

Arbitration Conversation No. 56: Deborah

Hylton Fellow of the Chartered Institute of
Hylton, Fellow of the Chartered Institute of
Arbitrators

In this episode of the Arbitration Conversation, Amy

interviews Deborah Hylton, Fellow of the Chartered
Institute of Arbitrators. Deborah is...
By Deborah Hylton, Amy Schmitz

ICSID and UNCITRAL Release Version Two

of the Draft Code of Conduct for
Adjudicators in International Investment
Dispute

ICSID and UNCITRAL have just released an update

to the draft Code of Conduct for Adjudicators in
International Investment Disputes. This...
By Stacie Strong

Supreme Court of Canada finds Uber

Arbitration Clause is Unconscionable

This article first appeared on Global Arbitration

News by Baker McKenzie, here. In Uber
Technologies Inc. v. Heller, 2020 SCC 16 (“Uber v....
By Christina Doria, Brittany Shales

Canada – Non-party Witnesses Applying to

Arbitrator to Quash Summonses Do Not
Attorn to Jurisdiction

Despite extensive rights of appeal provided in BP’s

and D’s agreement to arbitrate, Mr. Justice William
S. Chalmers in Bergmanis v....
By Daniel Urbas

Margin Debt Hits An All-time High of $814

Million. Any Arbitration Implications?

This article first appeared on the Securities

Arbitration Alert (SAA) blog, here. Margin debt in
February grew to $814 million,...
By George Friedman

Arbitration Conversation No. 55: Jan

Martinez, Director, Gould ADR Program,
Stanford Law School

In this episode of the Arbitration Conversation, Amy

interviews Janet Martinez, Director, Gould
Negotiation and Mediation Program; Director, Gould
Alternative...
By Janet Martinez, Amy Schmitz

Arbitration Tips-N-Tools (TNT): Round 11

In this round of Arbitration Tips-N-Tools, Professor

Amy Schmitz asks some of the leading arbitration
practitioners about advice for holding...
By Deborah Hylton, Marsha Ternus, Michael Pitton,
Amy Schmitz

GAO Report Says Arbitration Has Impacted

Servicemember Rights, But to what Extent
is Unclear
is Unclear

This article first appeared on the Securities

Arbitration Alert Blog, here. The Government
Accountability Office (“GAO”) has released a
Report...
By George Friedman

Call for Participation in Questionnaire for

the Cross-Institutional Task Force on
Gender Diversity in Arbitral Appointments
and Proceedings

Women who have served or are serving as

arbitrators are invited to participate in a
questionnaire regarding their experiences, with...
By Stacie Strong

Arbitration Conversation No. 54: Canadian

Arbitrator Myriam M. Seers, Senior
Associate at Torys LLP

In this episode of The Arbitration Conversation,

Amy interviews Myriam Seers, an experienced
arbitrator and Vice-Chair of the ICC Canada...
By Myriam Seers, Amy Schmitz

Prehearing Issues Raised by Virtual

Hearings of FINRA Arbitrations

The Financial Industry Regulatory Authority

(FINRA) has made significant changes to the
arbitration process in response to the COVID-19
pandemic....
By Joel Everest, Josh Jones

Virtual v. In-Person Hearings in a COVID

World and Beyond

Prior to the pandemic, virtual hearings for labor-

management arbitration and mediation were rarely
used. Since the start of the pandemic...
By Joshua Javits

FINRA Posts Dispute Resolution Stats

Through February: A Decent Month After a
Rough Start to the Year

This article first appeared on the Securities

Arbitration Alert (SAA) Blog, here. FINRA Dispute
Resolution Services (“DRS”) posted
case statistics through February...
By George Friedman

Canada – Jurisdiction Involves Whether

Arbitrator has Authority to Make Inquiry,
Not the Answer to the Inquiry

This article first appeared on Urbas Arbitral, here.

In Parc-IX Limited v. The Manufacturer’s Life
Insurance Company, 2021 ONSC 1252, Mr....
By Daniel Urbas
 Arbitration Conversation No. 53: Canadian
Arbitrator Janet Walker

In this episode of the Arbitration Conversation Amy

interviews Janet Walker, an independent arbitrator
with chambers at Arbitration Place in...
By Janet Walker, Amy Schmitz

California Appellate Court Overturns

Arbitration Award that Violated Plaintiff’s
Statutory Right to Work

This article first appeared on Globar Arbitration

News, Baker McKenzie, here. Brown v. TGS
Management Co., 57 Cal. App. 5th...
By Jacob Kaplan, Michael Hidalgo

Arbitration Conversation Episode 52:

Graham Ross, Head Of International
Marketing at Smartsettle.com

In this episode of the Arbitration Conversation Amy

interviews Graham Ross, Head Of International
Marketing at Smartsettle Resolutions Inc. and...
By Graham Ross, Amy Schmitz

Right to a Physical Hearing Project: The

Release of 20 New Reports Reinforces
Core Trends and Important Divergences

Several months ago, Co-editors Giacomo Rojas

Elgueta, James Hosking and Yasmine Lahlou, in
collaboration with ICCA, released a number of...
By Stacie Strong

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