Search through prior posts
to the Nationwide ADR Journal
The Process Arbitrator: An Essential Role in Mass Arbitration
The Process Arbitrator is the secret to smooth sailing mass arbitrations.
Sixth Circuit Invalidates Arbitration Clause in ERISA Plan: A Vindication of Rights
Effective vindication is not part of a well balanced breakfast. It’s a well-established legal principle that limits the enforceability of arbitration provisions when they obstruct a party’s ability to enforce their statutory rights.
Sixth Circuit Reinforces Arbitrator Authority Over Threshold Issues of Arbitrability
Who gets the last say? Incorporation of institutional rules like those of the AAA can effectively shift power from courts to arbitrators—even on gateway questions of jurisdiction and arbitrability.
The Court Decides, Not the Arbitrator: Who Determines the Existence of an Arbitration Agreement?
Existence of a valid arbitration agreement must be determined before arbitrability can be addressed.
SCOTUS Resolves Coinbase Arbitration Dispute: Who Decides Which Contract Controls?
The Court continues to rule on arbitrations.
