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Federal Arbitration Act Will Likely Be Amended to Prohibit Pre-Dispute Arbitration Clauses for Sexual Assault and Sexual...

President Biden is expected to soon sign into law an amendment to the Federal Arbitration Act (FAA) that would prohibit mandatory arbitration of sexual assault and sexual harassment claims regardless of whether the claims...more

Injunction Carve-Outs in Arbitration: Emergency Only, or All Equity Claims?

Arbitration may end sooner and more efficiently than litigation, but it is slower to begin. A courthouse is just sitting there waiting for a complaint to be filed. Originally published in Alternatives to the High Cost of...more

Is This the End of Arbitration for Consumer Financial Disputes?

The proposed rule has broad implications for the financial industry, which has relied on class action waivers in consumer agreements to ensure that arbitration is a cost-effective way of resolving disputes with customers....more

New Ninth Circuit Opinion Requires Companies Seeking to Enforce Arbitration to Pay 'Sirius' Attention to Contract Formation

On November 10, 2014, the U.S. Court of Appeals for the Ninth Circuit continued its recent trend of declining to enforce arbitration clauses after finding that the contracts containing those clauses were never actually formed...more

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