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California Supreme Court Narrows the Scope of Arbitration Fee Payment Statute — Avoiding Federal Preemption
The California Supreme Court breathes leniency into that state’s strict rules about arbitration fees.
The Process Arbitrator: An Essential Role in Mass Arbitration
The Process Arbitrator is the secret to smooth sailing mass arbitrations.
"I Agreed to What?" — A Reminder About the Enforceability of Arbitration Clauses
Like a surgeon, arbitrating for the very first time. (Apologies to Weird Al)
New York Eases Its Stance on Clickwrap Arbitration Agreements
New York endorses the clickwrap.
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.
Using a Ticket Is Enough: Fourth Circuit Upholds Arbitration Clause in Stadium Injury Case
The Fourth Circuit weighs in, reinforcing the enforceability of arbitration clauses embedded in ticketing terms.
CFPB Permanently Bans Ejudicate from Handling Consumer Arbitrations
Neutrals that are deceitful taint the whole ADR process.
Burying the Arbitration Agreement: Fourth Circuit Rejects Hidden Terms in Online Job Application
Agreeing to arbitrate must be intentional.
Taming the Mass Arbitration Lion: Seventh Circuit Reins in Fee Obligations in High-Volume Cases
Mass Arbitrations can present their own problems.
CFPB Reignites Debate Over Pre-Dispute Consumer Arbitration Agreements
Will the CFPB violate federal law?
Clarifying the FAA’s Transportation Exemption—Yes, Even for the Wonder Bread Truck Driver
Nothing left to Wonder anymore.
Closing the Door on the Criminalization of Arbitration
An interesting twist in employment arbitration.
Exotic Dancers Strip Back Arbitration Fee Rules
She works hard for the money
So you better treat her right
