Search through prior posts
to the Nationwide ADR Journal
Whose Duty Is It to Initiate Arbitration? A California Appellate Court Weighs In
It becomes increasingly important to anticipate not just whether arbitration will be compelled—but what happens after.
"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.
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 Stays Arbitrations: No Dismissals Under the FAA When Arbitration Is Ordered
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.
Battling Deepfakes in Arbitration: Safeguarding Integrity in the AI Era
The challenge here is that, for the naked eye, deepfakes are almost impossible to decipher.
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.
AAA Updates Its Mass Arbitration Rules — What Practitioners Need to Know
Making Mass Arbitrations a little easier for all.
Closing the Door on the Criminalization of Arbitration
An interesting twist in employment arbitration.
Are “After the Fact” Arbitration Agreements Enforceable? New Jersey Weighs In
A missing corpse and an oral contract.
