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Arbitration News

Arbitration News

8/04:

U.S. judge denies claims Uber won price-fixing suit because arbitrator was scared

A U.S. judge denied a request by an Uber customer to overturn an arbitration win for the company in a price-fixing case over claims the arbitrator only ruled in Uber’s favor because he was scared.

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8/04:

Climate Change Disputes Take Center Stage at Paris Arbitration Week

There is increasing awareness about the interconnected nature of climate-related issues such as biodiversity loss, health, human rights, security and inequality. Indeed, climate change disputes are on the rise, and the International Bar Association (the “IBA”), in its 2014 report (Achieving Justice and Human Rights in an Era of Climate Disruption), called for the immediate creation of an international ad hoc arbitral body specifically for environmental litigation and the eventual establishment of an International Court for the Environment.

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7/28:

These Furloughed Workers Must Sign Arbitration Agreements To Get Their Jobs Back

The situation at The Container Store underscores how little leverage workers have during a global pandemic with sky-high unemployment.

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7/28:

FINRA Extends Postponement of In-Person Arbitration and Mediation Hearings

Due to the COVID-19 epidemic, FINRA has extended the postponement of all in-person arbitration and mediation hearings scheduled through September 4, 2020. Parties may opt to proceed telephonically or by Zoom or panels may order that that the hearings will take place telephonically or by Zoom.

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7/21:

Issue of Applicability of 28 U.S.C. §1782 to Private International Commercial Arbitrations Is Ripe for Supreme Court’s Review After Second Circuit Decision

A four-circuit split and the recent history of the Supreme Court taking on arbitration issues suggests that the Supreme Court will decide next term if Section 1782 is applicable in aid of private international commercial arbitration proceedings.

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7/21:

Arbitration: An Effective Means to an End during COVID-19

Depending on the case and contract that is subject of the dispute, arbitration may be a requirement. Of course, those parties to the contract can ultimately waive that requirement or come up with some variant of their mutual choosing. Conversely, in matters absent an arbitration provision in a contract, the parties can voluntarily agree to go to arbitration.

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7/21:

Avoiding Formation Challenges To Your Arbitration Clause With Consumers

In this third installment, we look at what companies should be doing to ensure that they can present proof of their arbitration agreements if ever required to do so in court. Your company may have a perfect arbitration clause, but if a customer claims never to have signed the arbitration agreement or not to have seen the website providing notice of the terms and conditions, you will have to present evidence that the customer is wrong.

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7/21:

Maricopa County Superior Court Announces Certified Arbitrator Program in Response to COVID-19

In response to the COVID-19 public health emergency, the Maricopa County Superior Court recently announced its Certified Arbitrator Program. The program is the result of various studies focused on making court operations more efficient and responsive to litigants in this unique time.

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7/21:

Pennsylvania’s binding arbitration law stunting police reform, officials say

Philadelphia Police Commissioner Danielle Outlaw agreed that police arbitrators wield too much power and often stunt the department’s attempts to fire bad cops.

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7/21:

New Jersey Supreme Court Confirms Enforceability of Employment Arbitration Agreements With Class Action Waivers Exempted Under FAA

The decision is not only a watershed victory for businesses that employ or engage transportation workers who fall within the Section 1 exemption, but all businesses that employ or engage workers in New Jersey. The decision highlights the enormous value of an effective arbitration program and illustrates why businesses that do not already have arbitration agreements with their workers may want to carefully consider obtaining them.

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