In the dynamic landscape of Indian commerce, arbitration has become an increasingly preferred mechanism for dispute resolution, as businesses seek speed, cost effectiveness and confidentiality over traditional court litigation. This shift has placed renewed focus on the arbitration clause: once a boilerplate afterthought, today it is the foundational gateway to enforceable and efficient dispute resolution. The post Drafting precise arbitration clauses: Lessons from SDMC v SMS Ltd appeared fir...| Law.asia
In Hohenshelt v. Superior Court, No. S284498, the Supreme Court of California addressed whether the Federal Arbitration Act (“FAA”) preempts California Code of Civil Procedure section 1281.98, a provision within the California Arbitration Act that governs the payment of fees in employment and consumer arbitrations. In 2019, the California Legislature enacted section 1281.98, which seemed...... Continue Reading| Employment Law Worldview
Narrow Interpretation of Law Earlier this month, the California Supreme Court decided a case that determines whether federal law preempts a California law enacted in 2019 that regulates when arbitration fees must be paid. The California Chamber of Commerce joined other groups in filing a friend-of-the-court brief in the case of Hohenshelt v. Superior Court. […]| Advocacy – California Chamber of Commerce
Earlier this month, the California Supreme Court decided a case that determines whether federal law preempts a California law enacted in 2019 that regulates when arbitration fees must be paid. The California Chamber of Commerce joined other groups in filing a friend-of-the-court brief in the case of Hohenshelt v. Superior Court. The court ruling addresses […] The post State High Court Rules on Arbitration Fee Payments appeared first on CalChamber Alert.| CalChamber Alert
Today’s episode of the Consumer Finance Monitor podcast is centered around a novel and thought-provoking article by David Horton, a professor of law at the University of California, Davis. The article, titled “Do Arbitrators Follow the Law? Evidence from Clause Construction, “dives into the intriguing question of whether arbitrators render decisions that align with judicial rulings.… Continue Reading| Consumer Finance Monitor
In Hohenshelt v. Superior Court, the California Supreme Court held that California Code of Civil Procedure Section 1281.98—a do-or-die statute requiring| California Employment Law Update
On July 21, 2025, the arbitrators in DS/611 (the EU complaint regarding Chinese SEP practices) made their decision on the appeal from the initial panel decision. From my perspective, this dec…| China IPR - Intellectual Property Developments in China
This blog post summarizes the key points presented by Cooley lawyers Claire Temple, James Maton, Andrew Linch and Enrique Gallego Capdevila during the firm’s recent “Online Marketplaces + Ecommerce” webinar, the latest instalment of our “On the Record: Cooley Litigation Trends Webinar Series,” focused on the UK and European Union (EU).| On the Record
The long-anticipated reforms to the UK’s arbitration framework officially come into force today, modernising the Arbitration Act 1996 and reinforcing the UK’s status as a leading global hub for dispute resolution.| On the Record
Our latest publication, Doing Business in Canada 2025, is your essential companion for entering and expanding within the Canadian market. This comprehensive guide delivers actionable insights into regulatory landscapes, business practices, and strategic considerations tailored to help organizations thrive in Canada’s dynamic environment. Click here to download the latest edition.| Canada Insights
Back in January, an arbitration case between the NFL and the NFL Players Association came to a quiet end. The case was initiated by a grievance filed by the NFLPA in 2022, which argued that NFL owners had colluded with each other to deny players fully guaranteed contracts. The arbitrator’s final ruling, that the league’s […]| defector.com
A recent decision from the Third Circuit shows how courts are looking closely—not just at what arbitration agreements say, but also at how they’re rolled out. And even if a dispute doesn’t qualify for the new federal carveout for sexual harassment claims, employers still need to be ready to prove their agreements are enforceable. What […]| The Employer Handbook Blog
Drafters of online employment- and consumer contracts might want to try to plan for consumers and employees to claim that they couldn’t read an arbitration provision because it was too tiny to read on their smartphones. That happened in a 2023 California decision: A court rejected an employer’s petition to compel arbitration of an employee’s […] --- See also(list is generated automatically):Be sure arbitration-agreement signatures can be satisfactorily proved upWhen a contract (i) i...| On Contracts
On 24 February 2025, the UK Arbitration Act 2025 received royal assent. While it does not bring with it large-scale reform of the Arbitration Act 1996 (which was considered to be largely fit for purpose), some of the amendments are nevertheless significant. The following are of particular note.| On the Record
The ruling allows the agreed text to be found officially in a single document, and suggests the more complicated changes that held up 60 certifications were unnecessary| Trade β Blog
Under English law, when an arbitration clause exists in an agreement, is it legally possible for parties (with mutual consent) to agree to initiate both arbitration and court litigation in England,| Law Stack Exchange
After the previous government called a general election in late May, the Arbitration Bill was left out of the set of bills that would be approved on an expedited basis. In mid-July, the King’s Speech reintroduced an updated Arbitration Bill to Parliament’s legislative agenda. The second reading of the Arbitration Bill at the House of Lords took place on 30 July 2024. On 25 July …| On the Record
As we have previously reported, in early 2022, Congress passed and President Biden signed into law the Ending Forced Arbitration of Sexual Assault and| Employment Law Worldview
Business litigation is the process of presenting issues with business and corporate entities to the courts. Click here to learn more.| ADR Times
When a party decides to arbitrate, it must usually communicate a written notice of arbitration. Click here to learn the process requirements and more!| ADR Times
Choosing a predispute arbitration clause allows the parties to take complete control over resolving their dispute. Click here to learn more!| ADR Times
Are you looking for practical mediation tips and tricks? Check out these five most effective tips to help you "win" your next mediation. Click here now!| ADR Times
Arbitration agreements can save everyone time and money, but you should sign them cautiously to achieve the promised benefits. Click here to learn more!| ADR Times
Are you wondering if you can be fired for not signing an arbitration? Check out our detailed analysis to learn more about this process; click here!| ADR Times
Binding mediation combines elements of mediation and arbitration to help parties resolve disputes effectively. Click here to learn more about this process!| ADR Times
Various private and public sector disputants have adopted final offer arbitration to resolve contract-based disagreements. Click here for more!| ADR Times
If you own a credit card and disputed a charge, you've participated in pre-arbitration. Click here to learn about the pre-arbitration and chargeback process.| ADR Times
Because arbitration is often touted as a quicker resolution compared to litigation, you may wonder how long arbitration takes. Find out now!| ADR Times
Third-party financing of lawsuits| Brussels Report
I was musing recently this week on the uncomfortable regularity with which lawyers’ ethics stories make the news these days. There was a time when there was maybe one case a month that I really wanted to write about and almost none were newsworthy. Things have changed but the reasons for that are for another … Continue reading Arbitration and the rule of law: keeping it in the family| Lawyer Watch
The Ohio Supreme Court recently held that a customer list may not be a trade secret and some torts are preempted under the Ohio law.| LaszloLaw
