In May 2024, the U.S. Supreme Court decided an issue that has divided the federal courts of appeals. When the claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the...more
4/8/2025
/ Appeals ,
Appellate Courts ,
Arbitration ,
Dispute Resolution ,
Employment Litigation ,
Federal Arbitration Act ,
Motion to Dismiss ,
SCOTUS ,
Smith v Spizzirri ,
Statutory Interpretation ,
Stays
Insolvency proceedings can create potential roadblocks for arbitration proceedings that require careful navigation. Arbitration proceedings are private contractual proceedings intended to resolve individual claims. In...more
Like some other international arbitration institutions, the International Centre for Dispute Resolution (“ICDR”) recently adopted amendments to its International Dispute Resolution Procedures (the “2021 ICDR Rules”). The...more
3/30/2021
/ Amended Rules ,
Case Consolidation ,
Coronavirus/COVID-19 ,
Counterclaims ,
Cybersecurity ,
Dispositions ,
Dispute Resolution ,
E-Signatures ,
ICDR ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
Joinder ,
Jurisdiction ,
Mediation ,
Third Party Funding ,
Tribunals ,
Videoconference ,
Witnesses
A uniform pronouncement of the burden of proof necessary for a party to succeed in summary disposition of a case is conspicuously absent from international arbitration today. The rules for summary disposition of cases...more