News & Analysis as of

Arbitration Discovery

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Troutman Pepper Locke

Understanding California Senate Bill 940

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California Senate Bill 940 (SB 940), enacted in late 2024, introduces several key changes to arbitrations involving “consumer contracts,” which is defined as a contract prepared by a seller and signed by a consumer for the...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Eliminating Excessive Discovery

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This fourth installment of the 10 Compelling Reasons for Employment Arbitration discusses the advantages of conducting discovery pursuant to an arbitration agreement as opposed to under typical court rules. Because...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Tackling Litigation Imbalance

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This third installment of the 10 Compelling Reasons for Employment Arbitration explores the impact of an arbitration agreement on a plaintiff’s litigation strategy. As discussed herein, arbitration programs can tamp down a...more

Felicello Law PC

What to Expect in a Copyright or Trademark Infringement Lawsuit

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No matter what type of business you are in, trademark and copyright law can have significant effects on success and growth of your business. Both of these areas of law provide important rights over the intellectual property...more

Bennett Jones LLP

Upending the Ground Rules: Proposed Major Overhaul of the Ontario Rules of Civil Procedure

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In September 2023, Chief Justice Morawetz of the Superior Court of Justice and Attorney General Doug Downey announced an initiative to undertake a comprehensive review of the Ontario Rules of Civil Procedure, with a view to...more

Carey Olsen

Bermuda Litigation Guide 2025 (Chambers)

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The guide provide the latest Bermuda legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings, settlement, damages and judgment, appeals, costs,...more

Epstein Becker & Green

The Third Circuit Orders Another Review in Cornelius v. CVS Pharmacy, Inc.—Resolution Will Wait for Another Day in New Jersey...

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Case law related to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) continues to develop.  In late 2024, the Third Circuit seemed poised to bring further clarity as to which...more

JAMS

Making Arbitration More Efficient Is the Responsibility of All Participants

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The arbitral procedure shall provide a fair and efficient process for resolving a dispute, and it should be conducted in a manner that avoids unnecessary delays and expenses. However, users of both domestic and international...more

BCLP

Building Safety Act: New TCC Case on Building Information Orders

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Section 130 of the Building Safety Act 2022 (BSA) allows the High Court to make building liability orders (BLO) if it considers it just and equitable to do so.  Section 132 allows the court to make an information order to...more

Hogan Lovells

Recent New York decision highlights that courts can recognize a foreign judgment even without personal jurisdiction

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In Cargill Financial Services Int’l, Inc. v. Barshchovskiy (S.D.N.Y. Feb. 18, 2025), the U.S. District Court for the Southern District of New York clarified that recognition of a foreign monetary judgment by a New York court...more

Miller Canfield

U.S. Courts Can Recognize a Foreign Judgment Even Without Personal Jurisdiction

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A recent federal court decision underscores a critical point for parties seeking to enforce foreign judgments in the U.S.: recognition of a foreign judgment does not require personal jurisdiction over the defendant....more

Snell & Wilmer

Arbitration Lessons From a Arizona Recent Case, Chayce Concrete, LLC v. Path Construction Southwest, LLC

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In Chayce Concrete, LLC v. Path Construction Southwest, LLC, the Arizona Court of Appeals reaffirmed Arizona courts’ deference to arbitrators when it comes to confirming an arbitrator’s award. The opinion further highlights...more

EDRM - Electronic Discovery Reference Model

It is Important to Understand an E-Discovery Vendor’s Contract

In Digital Forensics Corporation, LLC v. King Machine, Inc., __ So.3d __, 2025 WL 63935 (Ala. Sup. Ct. Jan. 10, 2025), the issue was whether an electronic discovery services vendor, DFC, could compel its former client to...more

Genova Burns LLC

Third Circuit Clarifies Procedural Roadmap to Compel Arbitration

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Facing a federal lawsuit, companies with agreements that mandate arbitration of disputes must decide how to efficiently obtain an order from a federal judge compelling arbitration....more

Hinshaw & Culbertson - Lawyers for the...

Arbitration Clause in Attorney-Client Agreement Deemed Unenforceable Due to Lack of Informed Consent

Bryan Dick-Ipsen v. Humphrey, Farrington & McClain, P.C., et al., 2024 IL App (1st) 241043 - Brief Summary - The First District Appellate Court in Illinois affirmed the trial court's denial of a defendant law firm's motion to...more

McGlinchey Stafford

Litigation Byte (September Edition)

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Court Finds Mass Arbitration Bellwether and Delegation Provisions Unconscionable - The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling,...more

Esquire Deposition Solutions, LLC

How Many Depositions Are Enough?

Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...more

JAMS

Arbitration Is Meant To Be Expeditious, But Is It Really?

JAMS on

Arbitration is meant to be expeditious and to avoid the time and expense associated with proceeding in court. While that is still the goal, at times the speed of the arbitration process can vary significantly. As a...more

Association of Certified E-Discovery...

Embracing eDiscovery: Essential Knowledge for Arbitrators, Mediators, and Court-Appointed Neutrals

In recent years, the landscape of dispute resolution has undergone a significant transformation, with a notable rise in arbitration and mediation as preferred methods for resolving conflicts. According to Morris, Manning &...more

Miles Mediation & Arbitration

[Event] 2024 Arbitration Training Institute - June 6th - 7th, Atlanta, GA

Presented by nationally recognized experts, the Institute features comprehensive sessions on every stage of the arbitral process examined from the vantage point of neutrals, advocates, and in-house counsel. Substantive...more

McGlinchey Stafford

Ohio Appeals Court Finds Error in Not Staying Discovery Pending Motion to Compel Arbitration

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In Biotricity, Inc. v. DeJohn, 8th Dist. Cuyahoga No. 113216, 2024-Ohio-1593, the Ohio Eighth Appellate District found that the trial court erred by refusing to stay discovery pending a ruling on a motion to compel...more

Farrell Fritz, P.C.

Litigants Beware: New York Courts Admonish Entanglement in Arbitration Proceedings

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Arbitration can be an effective alternative for parties seeking to avoid drawn-out and costly litigation. As a result, it has become common practice for parties to negotiate arbitration clauses into their agreements....more

Bradley Arant Boult Cummings LLP

Interview: Carly Miller And David W. Owen Of Bradley Discuss Discovery And Third-Party Funding In International Arbitration

Mealey’s: What is your professional background and how did you both become involved in international arbitration? Miller: I’ve been practicing law with Bradley in its construction group for a little over 10 years. We rep-...more

Miller Canfield

A Lil’ Too Late - U.S. Court of Appeals for the Sixth Circuit Refuses to Compel Arbitration After Company Litigates Case for 7...

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When has a party waived its contractual right to arbitrate? Until recently, most federal Courts of Appeal—including the Sixth Circuit— held that a party who participates in litigation (e.g., by serving and responding to...more

Baker Donelson

AAA Amends its Construction Industry Arbitration Rules

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For the first time in almost a decade, the American Arbitration Association has amended its Construction Industry Arbitration Rules for a more streamlined and efficient process as a result of feedback from construction...more

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