Class Action Waivers Explained

Class Action Waivers

With the rise of arbitration as a way to resolve many consumer and employment disputes in somewhat recent history, it has become more common for companies to begin including class action waivers in their consumer and employment contracts. For example, the Microsoft Advertising Agreement includes a section labeled “Arbitration Agreement and Class Action Waiver.” This …

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Med-Arb May Be Right For Your Business Dispute

Med-Arb May Be Right For You

Med-Arb is a long-standing and robust practice that combines the flexibility and self-determination inherent in mediation with the certainty and finality of arbitration. Med-Arb has become widely used in the last decade. A survey performed by David Lipsky and Ronald Seeber found that an astonishing forty percent of responding Fortune 1,000 corporations had engaged in …

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UNCITRAL Arbitration Rules

The UNCITRAL Arbitration Rules are a set of procedural rules that govern the process of arbitration and the international resolution of commercial disputes.  These rules may be used both in proceedings administered by UNCITRAL or by parties and arbitrators who have chosen to use them.  They provide a framework for the arbitration process and cover …

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Texas Arbitration Act

Texas Arbitration Act

The Texas Arbitration Act is the governing law over arbitrations occurring in Texas.  The Act covers most aspects of the arbitration procedure and aims to ensure that arbitrations are conducted fairly within the state.  While it has existed in some form for quite some time, it has been shifted and amended to fit the demands …

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Peace Palace in The Hague

Peace Palace in The Hague

I recently visited the Peace Palace in The Hague.  The structure and layout of the building is a testament to its unique purpose.  Andrew Carnegie contributed the funds to build the palace under two conditions: that it contain the largest international law library in the world, and that each member country contribute gifts to decorate …

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What Should Appellate Mediation Look Like?

Appellate Mediation

For a case to reach the appellate level is a rare feat indeed.  It has been estimated that nearly ninety-five percent of all cases will settle before trial. Of the remaining five percent, only the most difficult and stubborn will proceed to the appellate level.  This creates a unique environment for alternative dispute resolution (ADR).  …

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International Bar Association’s Guidelines on International Arbitration

IBA International Arbitration

The International Bar Association’s Arbitration Committee is one of the world’s largest professional groups for counsel and arbitrators handling transnational disputes. The Committee currently includes over 2600 members from 115 countries. According to the IBA, membership is steadily increasing.The Arbitration Committee has published several sets of Rules and Guidelines that are widely accepted by the global …

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“Why Can’t We Just Get Along?!” The Process Psychology of Arbitration and Mediation

The Process Psychology of Arbitration and Mediation

Have you ever had someone in your life with whom you just couldn’t seem to get along? A family member, perhaps? Maybe a colleague? A customer, supplier, or client? All of us have had seemingly “conflict-laden” relationships, and those relationships can be the sources of some of our most painful stress. Sometimes these conflict-laden relationships …

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Arbitration Faces Challenges On Two Fronts

Arbitration Faces Challenges On Two Fronts

These days arbitration seems to be everywhere. Binding pre-dispute arbitration provisions feature in all kinds of contracts; the Supreme Court regularly issues pro-arbitration decisions; and there has never been more discussion about how to employ arbitration fairly and effectively. But these realities underpin and point up twin challenges facing arbitration. First, arbitration has yet to …

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How Does An Arbitrator Decide Who To Believe?

How Does An Arbitrator Decide Who To Believe?

It is common at an arbitration hearing for each side to present diametrically different versions of the dispute. This is especially true in cases of sexual harassment in which the accuser tells one story and the accused tells a completely different story. In such cases, it is the Arbitrator’s responsibility to determine who is telling …

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