News & Analysis as of

Arbitration Dispute Resolution

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 -
Proskauer - California Employment Law

Arbitration Agreement Was Unconscionable

Velarde v. Monroe Operations, LLC, 111 Cal. App. 5th 1009 (2025) - The Court noted “[t]here was extensive evidence of procedural unconscionability, with an adhesive contract, buried in a stack of 31 documents to be signed...more

Morgan Lewis

The Introduction of Commercial Courts and Commercial Chambers in Germany

Morgan Lewis on

On April 1, 2025, the Act to Strengthen the Judicial System (Justizstandort-Stärkungsgesetz – Strengthening Act) came into force. This Act authorizes the federal states to establish specialized chambers for commercial matters...more

Proskauer - Health Care Law Brief

No Surprises Here!  Payers Push Back on IDR Submissions, Opening New Front in NSA Implementation Landscape

On May 27, 2025, Blue Cross Blue Shield Healthcare Plan of Georgia (“BCBSGA”) sued several emergency physician groups and their billing agent, Halo MD, alleging abuse of the No Surprises Act’s (“NSA”) independent dispute...more

Clark Hill PLC

3 key steps before signing a manufacturing NDA in China

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If your company is working with Chinese manufacturers to produce goods or prototypes, you’ve likely encountered a non-disclosure agreement (NDA) along the way. But many companies don’t realize that standard U.S. NDAs are...more

Husch Blackwell LLP

The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I

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Host Tom Godar welcomes to the show Husch Blackwell partner Jon Anderson to help him lead a two-part conversation with Howard Bellman, a fixture in the world of dispute resolution for many decades who has helped to shape the...more

Jenner & Block

US Supreme Court Rejects Heightened Standard for International Arbitration Award

Jenner & Block on

On June 5, 2025, the US Supreme Court held, in a unanimous decision, that civil litigants in US courts seeking to enforce an arbitration award against foreign nations or instrumentalities do not need to meet a higher standard...more

Blake, Cassels & Graydon LLP

Un tribunal albertain applique l’arrêt Petrowest pour suspendre un arbitrage en faveur d’une procédure de mise sous séquestre

Le 26 mai 2025, la Cour du Banc du Roi de l’Alberta (la « CBRA ») a suspendu un projet d’arbitrage en faveur d’une procédure de mise sous séquestre en cours dans l’affaire Mayfield Investments Ltd (Re). C’était la première...more

Kerr Russell

Is Your Supply Contract Built for Disruption? A Framework for Resilience

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What once seemed like temporary disruptions have become a persistent reality, challenging financial forecasts and threatening operational stability. Meticulous planning can be undone overnight by a single supplier’s inability...more

JAMS

What Honeybees Have Taught Me About Dispute Resolution

JAMS on

From stingers to settlements: Finding parallels between bees and the ADR process - Beekeeping is one of my hobbies when I’m not dedicating myself to dispute resolution. In my more than 10 years as a beekeeper, I’ve learned...more

JAMS

Arbitration Essentials: How to Initiate and Navigate an International Arbitration, Part 2: Hearings

JAMS on

Rules and Procedures: Hearings - JAMS provides a comprehensive spectrum of conflict prevention and dispute resolution services to meet the unique needs of today’s global business environment. Those services include...more

Ervin Cohen & Jessup LLP

Surprise! Misleading Statements and Time Pressure May Render an Employer’s Arbitration Agreement Unenforceable

Employers have long been scrutinized for perceived unequal bargaining power when it comes to enforcement of company-drafted arbitration agreements. Indeed, both the California legislature and the courts have aimed to protect...more

King & Spalding

Saudi Arabia Strengthens its Arbitration and ADR Framework

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The Council of Ministers of the Kingdom of Saudi Arabia (“KSA”) recently passed a resolution to strengthen the country’s arbitration and ADR framework (the “Resolution”), demonstrating a continued commitment to a range of...more

Mayer Brown

The Civil Justice Council's Final Report on Litigation Funding – Key Recommendations and Market Implications

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On 2 June 2025, the UK Civil Justice Council ("CJC") published its long-awaited Final Report on the regulation and future of litigation funding in England and Wales (the "Report"). The Report makes 58 recommendations, which...more

CDF Labor Law LLP

The Faster Contract Act: A Republican-Proposed Landmark Shift in Labor Negotiations

CDF Labor Law LLP on

Senate Bill 844, also known as The Faster Labor Contracts Act was introduced in March 2025. As labor relations matters continue to stagnate before the quorum-less National Labor Relations Board (“NLRB”), this new bill is...more

Blake, Cassels & Graydon LLP

Key Clauses in Construction Contracts: Practical Guidance for Project Success

As the legal and commercial landscape around construction projects continues to evolve, so must the contracts that govern these projects. In recent years, courts and contracting parties have emphasized how agreements allocate...more

Blake, Cassels & Graydon LLP

Dispute Resolution in Western Canada for Public Infrastructure Projects: The Costs of Litigation Relative to Arbitration

Public utilities, municipalities and other government or quasi-governmental entities are confronted with unique challenges when assessing risks related to dispute resolution. This includes considering how the cost of legal...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Preventing Class and Collective Actions

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This fifth installment of our series on employment arbitration delves into how an arbitration program can effectively eliminate multi-plaintiff, class, and collective actions brought by employees. The impact of eliminating...more

Awatif Mohammad Shoqi Advocates & Legal...

Dispute Resolution in the UAE: Litigation and Alternative Dispute Resolution.

In the UAE, disputes can be settled by two different methods. This method includes traditional court litigation and alternative dispute resolution (ADR) methods, such as arbitration and mediation. Each dispute resolution...more

Miles Mediation & Arbitration

Navigating Family Disputes: The Power of Arbitration

In today’s increasingly complex legal landscape, finding efficient ways to resolve family disputes has become paramount. While traditional litigation remains an option, alternative dispute resolution (ADR) methods like...more

BCLP

Is the Adjudication Process Unfair?

BCLP on

On 17 June 2025 the Adjudication Society held a panel discussion, hosted by BCLP, looking at whether the adjudication process is unfair to employers, main contractors or subcontractors or does it just feel that way....more

Hudson Cook, LLP

Not All Third Parties Are Created Equal

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Motor vehicle purchase and finance transactions are rarely simple, even if they're routine from the perspective of the businesses involved. The typical motor vehicle retail installment transaction features the buyer, the...more

Davidoff Hutcher & Citron LLP

Fraud and Financial Misconduct in Restaurant Partnerships: Legal Recourse

Running a restaurant requires a delicate balance of creativity, management, and financial responsibility. When partners share ownership of a restaurant, each has a fiduciary duty to act in the business’s best financial...more

Foley & Lardner LLP

Mexico’s Judicial Reform: Why Arbitration is Now Essential for Protecting Your Business

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On June 1, 2025, Mexico implemented a sweeping Judicial Reform that changes the very foundation of how justice is administered in the country. Judges, magistrates, and justices are now chosen through popular elections—a major...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

Mayer Brown

Mexico’s 2025 Judicial Elections and Dispute Resolution

Mayer Brown on

OVERVIEW - On 1 June 2025, Mexico held its first-ever nationwide elections to appoint of 2,681 national and local judges by popular vote. This unprecedented process was marked by low voter turnout, a high rate of invalid...more

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