Dispute Resolution and Arbitration Commons^™

The Supreme Court Has Granted Review For Arbitration Stays In Employment Cases: Smith V. Spizzirri, Sarah Cole

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Supreme Court has granted review to address a circuit split on whether cases should be paused or thrown out after they are moved to arbitration. The courts are split six to four, four allowing lawsuits to be dismissed when underlying allegations must go through mandatory arbitration. The case is from the Ninth Circuit, on the allowance side of the split, Smith v. Spizzirri, with the petition granted 1/12/24. It addresses the language in a section of the Federal Arbitration Act (“FAA”). The section of the Act under review states: “If any suit or proceeding be brought in any of …

The American Arbitration Association’S Ai Integration Efforts For Alternative Dispute Resolution, Ronnie Cattier

Cardozo Journal of Conflict Resolution (CJCR) Blog

The American Arbitration Association (“AAA”) has joined a long line of various organizations that are looking to make use of, and integrate artificial intelligence (“AI”) into their processes.The AAA has launched innovation programs that are lending support to the idea of AI integration into arbitration, mediation, and other Alternative Dispute Resolution (“ADR”) methods. These programs are looking at creating the right structure and guidelines for AI usages. This is two-fold: on the one hand, the AAA has been building its own solutions; on the other, there is an increasing awareness on developing the framework for external AI tools.

This post …

The Consequences Of Nba Commissioner Adam Silver Arbitrating The Dispute Between The New York Knicks And The Toronto Raptors, Jane Perov

Cardozo Journal of Conflict Resolution (CJCR) Blog

Back in August 2023, the New York Knicks sent a letter addressed to the owner of the Toronto Raptors Larry Tanenbaum claiming the Raptors are engaging in illegal activity involving a former Knicks employee whom they just hired. They claimed that Ikechukwu Azotam, who at the time of his employment with the Knicks was an assistant video coordinator, “had illegally provided the Raptors with more than 3,000 confidential files.” Several days after the letter was sent the Knicks filed a lawsuit in the U.S. Southern District Court of New York against Maple Leaf Sports & Entertainment (Toronto Raptors), Darko Rajakavic, …

Navigating Divorce After Domestic Violence: The Benefits Of Adr, Anna Glasgow

Cardozo Journal of Conflict Resolution (CJCR) Blog

Navigating the complexities of divorce is challenging in any circumstance, but for survivors of domestic violence, the process of legal separation can be particularly intimidating. Most people think of domestic violence as the act of physical abuse, however, domestic violence can be described as any action or pattern that affects a spouse’s health and safety. It is estimated that one out of every five marriages, or 20% of marriages in the US involve domestic violence. It can be very hard for individuals who are victims of domestic abuse to want to get divorced. There is often fear that the abusing …

Table Of Contents

Arbitration Law Review (2009 - Present)

No abstract provided.

Digital Hearings — In Arbitration And Litigation, Colby E. Scott

Arbitration Law Review (2009 - Present)

No abstract provided.

Consequences Of The Indian Gaming Regulatory Act On Arbitrability: A Comment On Seneca Nation Of Indians V. New York, Amy Zigarovich

Arbitration Law Review (2009 - Present)

No abstract provided.

Foreword

Arbitration Law Review (2009 - Present)

No abstract provided.

Reigning In Infinite Consumer Arbitration Agreements: A Comment On The Eleventh Circuit's Calderon V. Sixt Rent A Car, Ava Mccartin

Arbitration Law Review (2009 - Present)

No abstract provided.

Three's A Crowd: The Eu Should Safeguard Against Third-Party Funding, Rita Portenti

Arbitration Law Review (2009 - Present)

No abstract provided.

Two's Company, Three's A Crowd: An Exploration Of Non-Signatory Parties' Ability To Bring An Action Under Arbitration And Its Impact On International Commercial Arbitration, Amber Zelko

Arbitration Law Review (2009 - Present)

No abstract provided.

The Multilateral Investment Court: Necessary Isds Reform Or Self-Fulfilling Prophecy?, Fahira Brodlija

Arbitration Law Review (2009 - Present)

No abstract provided.

Sovereign Immunity From Execution Of Foreign Arbitral Awards In India: The "New" Kid On The (Super) Pro-Arbitration Block, Ylli Dautaj

Arbitration Law Review (2009 - Present)

No abstract provided.

Federal District Courts May Not Assist Discovery Efforts In Connection With Proceedings Before Arbitral Tribunals Constituted Under The Icsid, Victor De Oliveira Leite

Arbitration Law Review (2009 - Present)

No abstract provided.

Uncompelled: Circuits Split Over The Pre-Hearing Discovery Powers Of Arbitrators, Maya Rashid

Arbitration Law Review (2009 - Present)

No abstract provided.

The Intra-Eu Bit Dilemma And The Enforcement Of Awards Outside The Eu: A Solution For Investors After The Cjeu Shut The Door To Their Cases?, Denny Peixoto

Arbitration Law Review (2009 - Present)

No abstract provided.

Rico's Long Arm, Randy D. Gordon

Faculty Scholarship

RICO has for over 50 years presented something of a parlor game for lawyers, mostly because its text leaves wide latitude in interpretation. And, as is often the case with RICO, resolution of one question begets more. The Supreme Court’s recent decision in Yegiazaryan v. Smagin proves no exception. Here, the Court brought some clarity to a question left open by RJR Nabisco: viz, what must one plead and prove to satisfy the “domestic injury” requirement necessary to invoke an extraterritorial application of RICO. The Court held that a foreign plaintiff can indeed, given the right facts and circumstances, establish …

Expanding The Ban On Forced Arbitration To Race Claims, Michael Z. Green

Faculty Scholarship

When Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFASASHA”) in March 2022, it signaled a major retreat from the Supreme Court’s broad enforcement of agreements to force employees and consumers to arbitrate discrimination claims. But the failure to cover protected discriminatory classes other than sex, especially race, tempers any exuberance attributable to the passage of EFASASHA. This Article prescribes an approach for employees and consumers to rely upon EFASASHA as a tool to prevent both race and sex discrimination claims from being forced into arbitration by employers and companies. This approach relies upon procedural …

Multiple Proceedings And Abuse Of Procedure On Bri Disputes, Mariam Gotsiridze

Research Collection Yong Pung How School Of Law

This article argues that specific mechanisms and best practices should be adopted by different players in the Belt and Road Initiative (BRI) dispute resolution ecosystem to mitigate the risks of multiple proceedings and abuse of procedure. Specifically, (i) states should enhance their multilateral and bilateral treaty practices; (ii) arbitral institutions should enhance their arbitral rules as well as cooperate with each other; and (iii) states should direct more efforts to dispute prevention and amicable dispute settlement. This article will explain what these best practices and mechanisms are.

Arbitration's Unraveling, Myriam E. Gilles

Articles

It has been over a decade since the Supreme Court declared that the Federal Arbitration Act preempts state-law policies that stand as an obstacle to enforcement of the class-banning arbitration clauses that companies tuck into standard-form contracts. In that time, plaintiffs’ lawyers have tried challenging class action–banning arbitration provisions on myriad legal grounds, as well as pressing for federal and state legislation to undo the Court’s ruling in AT&T Mobility LLC v. Concepcion. Neither strategy has borne much fruit—until now. In the past few years, congressional action has exempted specific categories of cases from mandatory arbitration, suggesting that an area-by-area …