Arbitration and ADR: The National Law Review Page 5

For the latest news, stories, and information on alternative dispute resolution (ADR), arbitration meetings, and court-ordered mediation between parties, the National Law Review provides readers with a source of information online. Biding adversarial proceedings and non-binding voluntary procedures, which are heard in front of a neutral third party, are discussed under the National Law Review’s ADR coverage and rules and regulations pertaining to this source of conflict resolution are analyzed by the team of legal experts at the National Law Review.

Coverage includes the examination of different arbitration agreement rulings, at the federal and state level. Arbitration agreements, both in employment and otherwise, and arbitrator awards, in cases relating to business organizations and disputes, are also covered on the site. Arbitration related to sexual harassment lawsuits in the workplace are extremely common today; readers can learn about binding and non-binding terms, and how employees can defeat these arbitration clauses when filing a lawsuit against their company or C-level executive in their organization, on the National Law Review site. Compulsory arbitration clauses in agreements relating to major corporations, shareholder agreements, or multinational agreements, are covered on the National Law Review. These agreements, from industries including employment disputes, consumer class action lawsuits, and franchise agreements, are among the different topics, news, and stories, which visitors will read about on the National Law Review website.

Litigation which arises out of binding arbitration agreements in the workplace, clauses which parties can’t agree upon when creating a new contract, or dealings between companies in different jurisdictions which go awry, are among the different topics which the National Law Review covers, in relation to ADR and arbitration law. Visitors will read stories that arise in the United States, across borders, and between multinational organizations, when visiting the National Law Review, for coverage on this area of law.

For hourly updates on the latest in legal, legislation, government regulation & compliance, litigation, court procedures, and corporate law news, be sure to follow the National Law Review Twitter feed, and sign up for complimentary e-news bulletins.

Date	Title	Organization
26 Aug	NLRB — Employers Facing Litigation Can Modify Existing Arbitration Agreements to Include Class Action Waivers, Penalize Employees Who Refuse to Sign	Jones Walker LLP
23 Aug	Court Remands Arbitration Award to Arbitrator for Clarification	Carlton Fields
22 Aug	NLRB: Employers Can Revamp Arbitration Agreements in Response to Collective or Class Action Suits	Ballard Spahr LLP
22 Aug	Choose Your Forum Wisely: Save Your Arbitration Clause From California’s Prohibition on Pre-Dispute Waivers of a Plaintiff’s Right To Seek Public Injunctive Relief	Sheppard, Mullin, Richter & Hampton LLP
21 Aug	NLRB Issues First Decision Addressing Mandatory Arbitration Agreements Since Epic Systems (US)	Squire Patton Boggs (US) LLP
20 Aug	Amici File Briefs to Support Blair Rehearing Petitions	Ballard Spahr LLP
20 Aug	NLRB Addresses Several Issues Involving Mandatory Arbitration Agreements Following Supreme Court Opinion in Epic Systems	Dinsmore & Shohl LLP
20 Aug	Supreme Court’s Epic Systems Decision on Arbitration Interpreted Broadly by Labor Board	Jackson Lewis P.C.
20 Aug	Public-Private Partnerships and Dispute Resolution	Bilzin Sumberg
19 Aug	Past Conduct Subject to Arbitration: TCPA Claim Compelled to Arbitration Even Where Calls Pre-Dated Arbitration Clause	Squire Patton Boggs (US) LLP
19 Aug	Court Confirms Arbitration Award, Finding It Was Based in Part on “Plain Error,” but Did Not Amount to Manifest Disregard of the Law	Carlton Fields
19 Aug	New York State Enacts Broad New Sexual Harassment & Discrimination Legislation	Mitchell Silberberg & Knupp LLP
16 Aug	Will Blair Be the Next Concepcion?	Ballard Spahr LLP
16 Aug	NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights	Proskauer Rose LLP
16 Aug	California Court Rejects Motion To Arbitrate PAGA Claim Under State Labor Code	Barnes & Thornburg LLP
16 Aug	An Overview Of Pennsylvania’s New Arbitration Law	K&L Gates
15 Aug	Fifth Circuit Determines That Louisiana Nonresident Attachment Statute Allows for Attachment in Aid of Arbitration	Carlton Fields
13 Aug	Availability of Adding Arbitration to Admission Agreements	von Briesen & Roper, s.c.
7 Aug	Washington State Takes on the Arbitration of Harassment and Discrimination Claims	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
6 Aug	Fifth Circuit Holds Propriety of Class Arbitration Is “Gateway” Issue for Courts	Carlton Fields
5 Aug	Maryland Federal Court Denies Untimely Request to Vacate Arbitration Award	Carlton Fields
2 Aug	Who Decides the “Class Arbitrability” Issue: Fifth Circuit Joins Consensus That It Is a Court, Not an Arbitrator, But Evidently Missed the Memo From SCOTUS About the Exception	Mintz
31 Jul	Ninth Circuit Affirmed That Non-Signatories Could Invoke Arbitration Clause Under Arizona Law	Carlton Fields
30 Jul	Ninth Circuit Binds Plaintiff to Arbitration Clause It Never Received, Finding Clause Was “Readily Available” and Incorporated by Reference Into Purchase Order	Carlton Fields
29 Jul	The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate	Mintz
29 Jul	Third Circuit Affirms Arbitration Award for Employee’s Breach of Employment Agreement	Carlton Fields
29 Jul	Southern District of New York: New York’s Prohibition on Mandatory Arbitration of Sexual Harassment Claims Preempted by Federal Law	Polsinelli PC
24 Jul	Class Arbitrability is a Decision for the Court, Not the Arbitrator	Barnes & Thornburg LLP
24 Jul	Court Refuses to Treat Unopposed Petition to Confirm Arbitration Award as a Motion for Default Judgment, Reviews the Merits of the Petition, and Enters Order Confirming the Award and Legal Fees	Carlton Fields
24 Jul	CMS Issues Final Rule Restricting Arbitration Agreements with Long Term Care Facilities	Robinson & Cole LLP
24 Jul	Manufacturers Revisit Mandatory Arbitration Agreements	Robinson & Cole LLP
21 Jul	Considerations for Use of Arbitration Agreements to Curtail Class Claims	Carlton Fields
19 Jul	Fifth Circuit Bars Notice of FLSA Collective Actions to Arbitration-Bound Employees	Carlton Fields
18 Jul	Top Five Labor Law Developments for June 2019	Jackson Lewis P.C.
18 Jul	Rock Beats Scissor: Federal Law Cuts Through New York State’s Attempt to Prohibit Mandatory Arbitration of Sexual Harassment Claims	Proskauer Rose LLP
18 Jul	Court Compels Arbitration Based on Text Message Agreement	Carlton Fields
17 Jul	Are Claims Concerning a Trust’s Validity Arbitrable? Another Court Says No	McDermott Will & Emery
17 Jul	Florida Federal Court Compels Arbitration of Coverage Dispute Under the New York Convention	Carlton Fields
16 Jul	Florida Appellate Court Rules That Arbitration Agreement in Special Warranty Deed Can Bind Subsequent Purchasers	Carlton Fields
16 Jul	Eighth Circuit Vacates Confirmation Over Lack of Personal Jurisdiction	Carlton Fields
15 Jul	Chancery Court Finds That Allegations Related To Post-Separation Use Of Confidential Information Learned Pre-Separation Warrant Advancement	K&L Gates
15 Jul	Fifth Circuit Reverses Ruling That Procedural Unconscionability Is Decided by Arbitrator	Carlton Fields
15 Jul	Federal Court Rules that the FAA Preempts New York Law Prohibiting Mandatory Arbitration of Sexual Harassment Claims	Ballard Spahr LLP
15 Jul	By Clicking Continue . . .	Faegre Drinker
11 Jul	Public Entity Construction Contracts: The Pivotal Dispute Provisions	Bracewell LLP
11 Jul	Second Circuit Compels Individual Arbitration of Putative Class FLSA and State Labor Law Claims	Proskauer Rose LLP
11 Jul	The Limits of Latif: Enforcing Mandatory Arbitration Clauses as to Harassment and Discrimination Claims Litigated in New York State Court	Epstein Becker & Green, P.C.
11 Jul	Court Holds Prior Compliance Is Not a Ground to Refuse Confirmation of an Arbitration Award	Carlton Fields
10 Jul	Labor Board Revisits Arbitration Agreements after Supreme Court’s ‘Epic’ Decision	Jackson Lewis P.C.
10 Jul	Southern District of New York Invalidates State Ban on Mandatory Arbitration of Harassment and Discrimination	Sheppard, Mullin, Richter & Hampton LLP
10 Jul	New Antidumping Duty Petitions on PET Sheet from Korea, Mexico, and Oman	Faegre Drinker
10 Jul	Failure to Specifically Challenge “Delegation” Clause in Arbitration Agreement Means Motion to Compel Arbitration “Must Be Granted”	Carlton Fields
9 Jul	Fifth Circuit Holds Parties Did Not Enter Into Arbitration Agreement Under the FAA	Carlton Fields
9 Jul	U.S. Supreme Court Roundup – 2018-2019	Jackson Lewis P.C.
8 Jul	Federal Court Declares That a Ban on Mandatory Arbitration of Sexual Harassment Claims Is Inconsistent with Federal Law	Epstein Becker & Green, P.C.
8 Jul	District Court Grants Motion to Compel Arbitration, Finding Arbitration Provision Not Severable From Allegedly Void Contract	Carlton Fields
8 Jul	FAA Preempts New York’s Prohibition on Arbitration of Sexual Harassment Suits	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
3 Jul	Arbitration: The New York Convention vs. U.S. Domestic Law – The Supreme Court Will Consider Reconciliation	Mintz
3 Jul	Ninth Circuit Affirms Order Denying Arbitration, Applying Precedent That State Law Does Not Overcome the New York Convention’s Signatory Requirement to Compel Arbitration	Carlton Fields
3 Jul	Federal Arbitration Act Preempts New York’s Bar on Agreements to Arbitrate Sexual Harassment Claims, Court Rules	Jackson Lewis P.C.
2 Jul	Ninth Circuit Holds FAA Does Not Preempt California’s McGill Rule	Ballard Spahr LLP
1 Jul	Court Compels Arbitration Under the New York Convention and Dismisses Case in Windstorm Insurance Claim Dispute	Carlton Fields
28 Jun	Concerned About Class Arbitration? Check Your Agreement	Polsinelli PC
28 Jun	An Agreement to Arbitrate Is Not a Contract Defense Under Montana Law	Carlton Fields
27 Jun	Second Circuit Affirms Ruling Rejecting Lack of Notice Defense Under New York Convention Article	Carlton Fields
26 Jun	Ninth Circuit Denies Mandamus After District Court Compels Arbitration Based on Allegedly Inconspicuous Arbitration Provision	Carlton Fields
26 Jun	Alabama District Court Enforces Arbitration Clause Related to Disability Policy Over Unconscionability Claim	Carlton Fields
26 Jun	Move-On: Court Enforces Arbitration Agreement Contained in “Hyperlinked” TOCs–Douses Putative TCPA Class Action	Squire Patton Boggs (US) LLP
24 Jun	International Arbitration, Investment Protection and EU State Aid Rules: the General Court of the EU Annuls the European Commission’s State Aid Decision in the Micula Case	Sheppard, Mullin, Richter & Hampton LLP
20 Jun	Court of Appeals Finds District Court Did Not Err in Lifting Stay Ordered to Refer Case to Arbitration	Carlton Fields
19 Jun	One Star Rating: Court Denies Uber’s Motion to Compel Arbitration after Failing to Authenticate Agreement	Womble Bond Dickinson (US) LLP
19 Jun	SNDY Clears the Air, Finds Arbitrators Applied UAE Law in Determining Award in Aircraft Lease Agreement Dispute	Carlton Fields
18 Jun	Second Circuit Adopts Standard for Determining Subject-Matter Jurisdiction Over Motions to Confirm Arbitration Awards Under FAA Section 9	Carlton Fields
17 Jun	West Virginia Supreme Court Reverses, Finds “Delegation Clause” in Employment Arbitration Agreement Neither Ambiguous nor Unconscionable	Carlton Fields
13 Jun	Application to Compel Arbitration Under New York CPLR 7503: What Does It Mean to Be “Aggrieved”?	Mintz
12 Jun	Pursuing Parallel Arbitration Under an Investment Treaty	Sheppard, Mullin, Richter & Hampton LLP
10 Jun	Arbitration Agreement for Company’s Transport Workers Enforceable under New Jersey Law, Court Rules	Jackson Lewis P.C.
7 Jun	Has Nevada Banned Mandatory Arbitration Provisions In Articles And Bylaws?	Allen Matkins Leck Gamble Mallory & Natsis LLP
6 Jun	Southern District Confirms Arbitration Award Over Challenge Based on Failure of Arbitrators to Disclose Information	Carlton Fields
5 Jun	SCOTUS Makes It Clear: An Ambiguous Arbitration Agreement Does Not Give Rise to Class Arbitration	Barnes & Thornburg LLP
3 Jun	Double-Dipping Denied: Sixth Circuit Forces TCPA Plaintiff into Arbitration Based on Co-Habitant’s Prior Settlement Agreement	Squire Patton Boggs (US) LLP
31 May	Ninth Circuit Enforces Online Arbitration Clause That Tested “Outer Limits” of Reasonable Conspicuousness in Consumer Contract	Ballard Spahr LLP
31 May	Fifth Circuit Affirms Ruling That Policy’s Conformity Provision Does Not Negate the Agreement to Arbitrate Despite Statute Prohibiting Arbitration Agreements in Insurance Contracts Covering Property in Louisiana	Carlton Fields
30 May	Third Circuit Interprets Unique Arbitrability Language in Arbitration Clause	Carlton Fields
29 May	Louisiana Allows Attachment of Cargo in Aid of Arbitration	Jones Walker LLP
28 May	New York Federal Court Finds Vacatur of Arbitration Award Not Warranted	Carlton Fields
23 May	State Court, Federal Court, and the Court of Public Opinion—the New Developments That Are Causing Some Companies to Reconsider Mandatory Arbitration Provisions	Ryley Carlock & Applewhite, A Professional Corporation
23 May	Another Arbitration Agreement Found Unenforceable	Stark & Stark
21 May	Eleventh Circuit Finds Removal Jurisdiction Is Included Within Federal Subject-Matter Jurisdiction Under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards	Carlton Fields
20 May	Destination Arbitration: Court Holds Service-Of-Suit Clause Does Not Conflict With Policy’s Arbitration Requirement	Carlton Fields
20 May	Arbitration Clause in Beer Distribution Agreement Enforced by the Virginia ABC	McDermott Will & Emery
17 May	Court Denies Reinsurers’ Attempts to Avoid Suit	Carlton Fields
16 May	Class-Wide Arbitration May Not Be Compelled in the Face of an “Ambiguous” Arbitration Agreement	Vedder Price
16 May	Establishing Jurisdiction Over Federal Court Motions to Confirm, Vacate or Modify Domestic Arbitral Awards	Mintz
16 May	Does Massachusetts Non-Compete Law Restrict Access to Federal Court or Arbitration?	Jackson Lewis P.C.
15 May	New York Court Discusses Qualifying and Disqualifying Conditions for Umpires	Carlton Fields
14 May	In a Battle of Conformity and Preemption, Arbitration Prevails	Squire Patton Boggs (US) LLP
10 May	Tenth Circuit Finds No Jurisdiction to Hear Appeal of District Court Stay Order While Motion to Compel Arbitration Is Pending in Parallel Federal Court Proceeding	Carlton Fields
9 May	Supreme Court’s Lamp Plus Brings Ambiguity in Classwide Arbitration to Light	Carlton Fields
8 May	Employer’s Failure to Respond Waives Written Arbitration Agreement	Foley & Lardner LLP
8 May	Court Holds That Arbitration Award Was Final and Definite and Arbitrator Did Not Manifestly Disregard the Law	Carlton Fields
5 May	Supreme Court Update: Lamps Plus, Inc. v. Varela (No. 17-988), Thacker v. Tennessee Valley Authority (No. 17-1201), and Emulex Corp. v. Varjabaedian (No. 17-459)	Wiggin and Dana LLP
3 May	Supreme Court Delivers Blow to Class-Wide Arbitrations Absent Express Authorization in Arbitration Agreement	Dinsmore & Shohl LLP
2 May	You’ll Have to Say It If You Mean It: Supreme Court Holds That Agreement to Permit “Class Arbitration” Must Be Express and Unambiguous	Mintz
1 May	SCOTUS Catapults Class Arbitration Onto the Endangered Species List	Vedder Price
1 May	“Wholly Groundless” Exception Not Grounded in Federal Arbitration Act	McDermott Will & Emery
1 May	Alternative Dispute Resolution Methods to Resolve Trust Disputes	McDermott Will & Emery
1 May	Supreme Court Rules on Employee Data Breach Class Arbitration Suit	Jackson Lewis P.C.
1 May	Ninth Circuit Affirms Order Compelling Class Arbitration in Employment Dispute Involving Two Employment Agreements With Varying Arbitration Provisions	Carlton Fields
30 Apr	U.S. Supreme Court Upholds Individualized Arbitration Where Agreement Is Ambiguous on Issue of Class Arbitration	Sheppard, Mullin, Richter & Hampton LLP
29 Apr	Court Finds Jurisdiction Over Petition to Confirm Arbitration Award in Dispute Between Liquidator and Foreign Reinsurer	Carlton Fields
29 Apr	Employers May Compel Arbitration Even Where Employee Failed to Sign Arbitration Agreement	Ballard Spahr LLP
29 Apr	How Does the Latest US Supreme Court Ruling on Class Arbitration Affect Reinsurance Arbitration?	Squire Patton Boggs (US) LLP
29 Apr	How Courts Select Umpires Where The Reinsurance Contract Gives Courts the Power	Squire Patton Boggs (US) LLP
26 Apr	SCOTUS Today: Class Action Ambiguity Finds No Shelter Under the Federal Arbitration Act	Epstein Becker & Green, P.C.
26 Apr	The Consolidation Circus Continues	Squire Patton Boggs (US) LLP
26 Apr	Supreme Court Gives Employers Another Tool to Fend Off Class Actions	Faegre Drinker
25 Apr	“Interim Measures” in Arbitration: Requiring Pre-Hearing Security for Payment of an Eventual Final Award	Mintz
25 Apr	United States Supreme Court Says Courts Cannot Compel Classwide Arbitration Absent Affirmative Contractual Agreement	Proskauer Rose LLP
25 Apr	Lights Out on Classwide Arbitration: The Supreme Court Rules in Lamps Plus That Ambiguity in Agreements Is Not Enough to Permit Classwide Arbitration	Carlton Fields
25 Apr	SCOTUS Deals Another Blow to Classwide Arbitration	ArentFox Schiff LLP
25 Apr	US Supreme Court Rules That Agreement to Class-Based Arbitration Procedures Must Be Explicit	Squire Patton Boggs (US) LLP
24 Apr	U.S. Supreme Court Illuminates Class Arbitration and FAA Appeal Issues	Ballard Spahr LLP
24 Apr	Consent, Not Coercion: Supreme Court Rejects Contractual Ambiguity as a Basis for Class Arbitration	Faegre Drinker
24 Apr	Ninth Circuit Finds No Foreign Arbitration Award to Uphold	Carlton Fields
24 Apr	Supreme Court Doubles Down on Enforceability of Class Arbitration Waivers	Jones Walker LLP
24 Apr	New York Federal Court Rejects Attempt to Vacate Arbitration Award Related to Theft of Corporate Assets	Carlton Fields
24 Apr	U.S. Supreme Court: Employment Class Arbitration Waiver Must Be Expressly Addressed in Contract	Jackson Lewis P.C.
24 Apr	Lamps Plus, Inc. v. Varela: Class Arbitration Must Be Expressly Authorized	Pierce Atwood LLP
23 Apr	Broader Is Better: Court Holds Arbitration Agreement Targeted To Medical Malpractice Lawsuits Is Ambiguous As Applied To TCPA Claims.	Squire Patton Boggs (US) LLP
23 Apr	California Federal Court Enforces Arbitration Provision in Uber Agreements	Carlton Fields
22 Apr	Arbitrator Found Not to Have Issued a Reasoned Award, SDNY Remands to Arbitrator for Clarification	Carlton Fields
19 Apr	Fourth Circuit Holds That Arbitrator Exceeded Powers	Carlton Fields
18 Apr	Employee Must Arbitrate Employment Dispute Once Employer Declares that Continued Employment Manifests Assent to Arbitration Policy	Mitchell Silberberg & Knupp LLP
18 Apr	S.D.N.Y. Vacates Amended Arbitration Award, Confirms Original $39 Million Award, Finding Panel Exceeded Authority and Manifestly Disregarded Law	Carlton Fields
18 Apr	Connecticut Superior Court Holds That Consolidation Is a Procedural Question to Be Considered by an Arbitrator	Carlton Fields
18 Apr	U.S. Supreme Court Rules in Favor of Independent Contractors/Owner Operators	Wilson Elser Moskowitz Edelman & Dicker LLP
11 Apr	Liquidator’s Motion to Dismiss Petition to Confirm Reinsurance Arbitration Award Denied	Squire Patton Boggs (US) LLP
8 Apr	Discovery Under Section 1782 Denied Based on Finding That Chinese Arbitration Organization Was Not a “Foreign or International Tribunal”	Carlton Fields
8 Apr	What is a “Reasoned” Arbitration Award?	Mintz
3 Apr	“Partial Final” Does Not Mean Final	Carlton Fields
2 Apr	Court Rejects Attempt to Relitigate Arbitration Award	Carlton Fields
1 Apr	Justice Department Obtains Its Largest Ever Settlement Against A Property Management Company for Alleged Violations of the Servicemembers Civil Relief Act	Ballard Spahr LLP
1 Apr	NLRB Judge: Requiring Confidential Arbitration is an Unfair Labor Practice	Polsinelli PC
28 Mar	Did New Jersey Just Try to Ban Employment Arbitration Agreements?	Sheppard, Mullin, Richter & Hampton LLP
28 Mar	Court Of Chancery Finds No Buyer Duty To Maximize Contingent Sale Consideration Owed To Seller	K&L Gates
27 Mar	Here We Go Again? NLRB ALJ Invalidates Part Of Pfizer’s Mandatory Arbitration Pact	Barnes & Thornburg LLP
27 Mar	New Kentucky Law: Employers May Make Arbitration Mandatory as Condition of Employment or Continued Employment	Jackson Lewis P.C.
27 Mar	District Court Declines to Decide Procedural Arbitrability Issue, Separately Seals Docket, Finding “Reasonably Significant Privacy Interest” in Reinsurance Treaties	Carlton Fields
26 Mar	Ninth Circuit Dismisses Interlocutory Appeal, Finds Order Compelling Arbitration Not a “Final Decision” Under FAA	Carlton Fields