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Stories on large awards, trends in ADR, key legal disputes that spill into the courts, and big names and parties that are involved in ADR.
By Thomas E.L. Dewey | February 16, 2023
Contributor Thomas E.L. Dewey notes that courts will not enforce a draft settlement agreement that contains terms evincing an intent to be bound only upon formal execution, nor will they ignore the fact that parties had significant points of contention standing in the way of a final agreement.
6 minute read
By Craig R. Tractenberg | February 16, 2023
The case of Jiangsu Beier Decoration Materials v. Angle World, 52 F.4th 554, (3d. Cir. 2022) 2022), teaches us the proper inquiry on confirmation of arbitration awards and perhaps the importance of the lost art of letter writing.
6 minute read
By Alaina Lancaster | February 15, 2023
The court's majority opinion said California's arguments regarding consent in arbitration cases "misunderstand basic principles" of the state's contract law. Yet, a dissenting judge said his colleagues in the majority are the ones departing from "fundamental principles."
5 minute read
By Alex Anteau | February 14, 2023
"I believe the pandemic and the resulting backlogs have highlighted the need for this commission," said Judge Pandora Palmer. Former Cobb DA Vic Reynolds also is joining it.
3 minute read
By Christopher Jackson and Jessica Smith | February 8, 2023
In 'Compañía De Inversiones Mercantiles S.A. v. Grupo Cementos De Chihuahua S.A.B. De C.V.', the Tenth Circuit affirmed the district court's refusal to vacate an earlier U.S. judgment confirming a foreign arbitration award.
8 minute read
Delaware Business Court Insider
By ALM Staff | February 6, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By Abraham J. Gafni | February 6, 2023
What if the claimant, pursuant to a mandatory arbitration provision, fails to demand arbitration of a dispute before the statute of limitations had expired on its substantive claim for breach of contract. Has the claimant waived its right to compel arbitration?
7 minute read
By Andrea C. Mackaronis | February 1, 2023
Collaborative practice is a valuable arrow in the quiver of Alternative/Complementary Dispute Resolution.
2 minute read
By Charles Toutant | February 1, 2023
"I'm kind of excited, honestly, at my age, to be starting something new and to think that I've got the ability and the energy to do that," said former Chief U.S. Judge Freda Wolfson of the District of New Jersey.
4 minute read
By Benny Osorio | January 31, 2023
A Coinbase case has serious implications for companies that have not been successful in enforcing arbitration agreements in federal district court, according to retired Los Angeles County Superior Court Judge Benny Osorio.
5 minute read
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