Martin J. Valasek and Ernesto M. Hernandez | Norton Rose Fulbright Group arbitration can offer certain advantages over class litigation (not least, the ability to enforce awards across multiple jurisdictions). However the consent-based nature of arbitration can lead to jurisdictional obstacles for such claims. This article explores the US line of authorities dealing with group… Continue reading Group, Class and Collective Arbitration: Recent Developments in US Commercial Arbitration
Tag: arbitration
Concurrent Delay in the Americas: Is There a Continental Shift?
Ted Scott and Meera Wagman | Global Arbitration Review This is an extract from the 2022 edition of The Arbitration Review of the Americas. The whole publication is available here. In summary This article will address how concurrent delay is defined and how it is applied in different parts of the Americas. It will also discuss pitfalls,… Continue reading Concurrent Delay in the Americas: Is There a Continental Shift?
In Brief: Arbitration Agreements in USA
Matthew E. Draper | Draper & Draper Arbitration agreement Arbitrability Are there any types of disputes that are not arbitrable? There are very few restrictions on the types of disputes that can be arbitrated under federal law. Certain intrastate family, consumer and municipal matters may be considered non-arbitrable under state law. Requirements What formal and… Continue reading In Brief: Arbitration Agreements in USA
The Significance of Nonverbal Communication in Mediation and Arbitration
Joan B. Kessler | JAMS Nonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions. While the words that are spoken are critical to assessing communication, assessing the meaning of words through evaluating nonverbal gestures and cues, body language and eye… Continue reading The Significance of Nonverbal Communication in Mediation and Arbitration
Improving Arbitration By Private Right of Appeal
Patricia H. Thompson | Forum on Construction Law The belief that there can be no appellate remedy for erroneous arbitration awards is widespread but mistaken. Granted, the Federal Arbitration Act (FAA) and many state arbitration statutes provide limited judicial relief from a final arbitration award.1 Indeed, the FAA does not allow for any judicial appellate review of an… Continue reading Improving Arbitration By Private Right of Appeal