The U.S. Supreme Court, in recent years, has provided companies with a powerful tool to avoid class action lawsuits: arbitration. In a series of decisions, the Supreme Court has held that class action ...

Commercial arbitration can be a more efficient route to dispute resolution than litigation. Document production and examination of witness requirements are narrower, parties have more control of the ...

When the 68th Congress in 1925 enacted the U.S. Arbitration Act (more commonly known as the Federal Arbitration Act or FAA), it was addressing directly a prevailing hostility to arbitration and laying ...

The Supreme Court of Canada confirmed today that a court-appointed receiver in an insolvency proceeding can take a party to court despite the presence of an arbitration agreement between that party ...

Employers in California often present new employees with an arbitration agreement, usually at onboarding. Employers often — or at least they should — take great care when drafting arbitration ...

The Bombay High Court has held that the absence of an independent arbitration clause in a supplemental agreement, when the ...

Canadian in-house counsel often enjoy trusting relationships with their external counsel. When the two enter into a retainer agreement, neither party is generally worried the deal will end in a ...

Every fired employee is entitled to their day in court. Right? Wrong. Some employees can’t go to court because they agreed, in their contracts, to use binding arbitration, a “judge for hire,” to ...

In Delaney v. Dickey, 244 N.J. 466 (2020), our Supreme Court held that attorney-client retainer agreements may include a clause providing for arbitration of fee disputes and legal malpractice claims.

An arbitrator is a neutral party, similar to a judge, who listens to both sides and makes a binding decision on the matter.