NYLJ | Special Report

Arbitration July 18, 2016

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What the Supreme Court Giveth, the CFPB Taketh Away

Lewis Wiener, Kymberly Kochis and Frank Nolan of Sutherland Asbill & Brennan write: On May 5, 2016, the CFPB released its proposed regulation on restricting the use of class action waivers and arbitration provisions in consumer contracts. The proposal, if effectuated, would essentially overturn years of U.S. Supreme Court precedent. Read More »

The Mandatory Arbitration Clause Debate

Joseph M. Hanna of Goldberg Segalla writes: Mandatory arbitration agreements may have their shortcomings, but with time, cooperation, and discussion, the legislature and the judiciary have the power to change and define how they are used, and perhaps more importantly, how the arbitration process as a whole is perceived. Read More »

A Common Right to Arbitrate: Anti-Suit Injunctions in New York and England

Christopher Ryan, Henry Weisburg and David Earnest of Shearman & Sterling write: An important consideration when drafting an enforceable arbitration agreement is the legal "seat" of the arbitration. Both London and New York have established themselves as favorable arbitral seats because of their willingness to compel and safeguard the efficacy of parties' agreements to arbitrate. Read More »

Nuts and Bolts of a Successful Arbitration

Howard J. Kaplan of NAM National Arbitration and Mediation) writes: Arbitration is the clear choice over traditional litigation. It is time efficient and cost-effective, and its benefits far outweigh the risks of a courtroom battle. The results can be a win-win for both sides. Read More »

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