Financial Institutions, Arbitration Agreements, Dispute Resolution

The Latest Attack on Consumer Arbitration Agreements

Katten Muchin Rosenman LLP on 3/18/2025

The war against arbitration agreements continues apace. The latest volley comes from the U.S. Court of Appeals for the Fourth Circuit, Johnson v. Continental Finance Company, LLC, No. 23-2047 (4th Cir. Mar. 11, 2025). In...more

Fourth Circuit Holds SCRA Does Not Bar Mandatory Arbitration in Consumer Agreements, Forcing Portion of Class Action Into...

Troutman Pepper Locke on 1/29/2025

On January 27, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued a significant opinion holding that the Servicemembers Civil Relief Act (SCRA) does not prohibit the enforcement of arbitration...more

Update: Asymmetrical jurisdiction clauses in the onshore UAE

A&O Shearman on 11/20/2024

The onshore Dubai Court of Cassation (Commercial Appeal No. 735 of 2024, dated October 29, 2024) has held that a unilateral option to arbitrate, included within an asymmetrical jurisdiction clause, did not constitute a...more

Plaintiffs Pursuing Increased Class Action Claims for Overdraft Fees and Charges Against Customers

Spilman Thomas & Battle, PLLC on 3/22/2023

With plaintiff attorneys seeing potential large dollar settlements and verdicts, along with increased regulatory scrutiny, banks need to review their overdraft practices. As noted by the American Bankers Association, banks...more

Time to reconsider? Post-Brexit, now is a good opportunity for the finance sector to take a second look at the key benefits...

BCLP on 4/22/2021

As we discussed in our It’s Good To Talk article as part of our Emerging Themes in Financial Regulation 2021 publication, many banks and financial institutions operating in the UK have historically tended to favour exclusive...more

Growing Acceptance of Arbitration in International Commercial Financial Transactions

Skadden, Arps, Slate, Meagher & Flom LLP on 1/30/2018

Financial institutions have historically been skeptical about arbitration in the commercial context. As a result, the documentation used in commercial financial transactions has generally required that disputes be submitted...more

Noted Scholars Critique the CFPB’s Arbitration Study and Find It Lacking

Ballard Spahr LLP on 8/26/2015

We have previously blogged about the comment letter concerning the CFPB’s March 10, 2015 Study on consumer arbitration that we submitted to the CFPB on behalf of the American Bankers Association, the Consumer Bankers...more

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