Hon. Michael Massengale (Former) served as an appellate justice on the First Court of Appeals in Houston before joining JAMS. In this ALM article, he explains why he believes that “the cardinal duty of neutrality should lead all arbitrators to impartially evaluate the utility of each proposed dispositive motion on a case-by-case basis.” https://lnkd.in/gmJRWY7E #arbitration #disputeresolution #adr
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Attorneys say Hon. Elizabeth Laporte (Ret.) is accommodating, flexible, personable and astute and that, as a former federal judge, she does an excellent job of evaluating the strengths and weaknesses of a case. Learn more in this Daily Journal profile. https://lnkd.in/dg8CivJd #disputeresolution #iplaw #employmentlaw
Daily Journal | Tailored Approach
jamsadr.com
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See this article from Hunter on an important SCOTUS decision affected arbitration in the federal courts.
Partner and Co-Leader of the AFS International Group, ArentFox Schiff. International arbitration, litigation, investigation, and compliance. Pro bono human rights.
A sharply divided Supreme Court recently sided with parties seeking to compel arbitration of cases filed in federal court, by requiring that such cases must be stayed pending resolution of appeals from orders denying the request to compel arbitration of them. Brian F. and I share our summary of the decision in our latest ArentFox Schiff Alert. https://lnkd.in/e95CF-67
Emphasizing Efficiency, Supreme Court Requires District Courts To Stay Proceedings During Interlocutory Appeal on Arbitrability
ecomms.afslaw.com
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One of the advantages of arbitration is being able to chose a highly specialised individual to decide the dispute which arises - allowing the tribunal to have direct experience of a particular industry or problem, rather than automatically assuming a lawyer is best placed to suit the mess out. However, chosing an industry expert who does not have a solid background in arbitration practice, particularly as a sole arbitrator, can lead to disastorous missteps, despite the best of intentions. Mr Justice Calver dealt with such a situtation in the recent case of H1 v W (the subject matter of which brings a touch of Hollywood to the otherwise sometimes dry world of challenges to arbitrators for apparent bias…) #internationalarbitration https://lnkd.in/eyabCg6D
England and Wales High Court (Commercial Court) Decisions
bailii.org
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Neutral resolving difficult cases through Early Dispute Resolution, mediation and arbitration; writer on ADR; Fellow Chartered Institute of Arbitrators; former adjunct professor at Quinnipiac University School of Law
"ADR Highlights" - Wednesday, January 3, 2024 So, what happens after the District Court compels arbitration? Can it dismiss the litigation pending the arbitrator's award or does Section 3 of the Federal Arbitration Act only allow it to issue a stay? The question splits the Circuits. A pending petition for cert. gives SCOTUS a chance to provide an answer. Today's "Highlights" discusses the application. Link - https://lnkd.in/dCQyafev #arbitration #federalarbitrationact #SCOTUS SCOTUSblog
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NEW REPORT: We've identified 11 common terms in boilerplate contracts that cause the most harm to consumers including forced arbitration, class action bans, and jury trial waivers. You can help us identify more fine print traps that belong in this hall of shame. https://lnkd.in/egyJ5Kfv
Report: Identifying the Most Harmful Consumer Contract Terms
https://www.consumeradvocates.org
