An agreement to arbitrate can empower the parties and afford them a good deal of control over the dispute resolution process. A well-constructed arbitration clause can provide certainty by outlining ...

This commentary explores how an arbitration’s venue significantly affects the parties’ ability to obtain nonparty discovery. Attorneys must carefully evaluate this factor when drafting arbitration ...

Arbitration is an inherently flexible mechanism that allows parties, by agreement, to create a bespoke process that suits their preferences and circumstances. However, drafting errors often lead to ...

It has been nearly a year since Charles Schwab’s court victory regarding mandatory arbitration agreements for 401(k)s — an addition many plan sponsors and fiduciaries are likely considering. But few ...

What a difference a year makes. In 2016, federal agencies proposed rules banning pre-dispute arbitration in long-term care admissions. Now, arbitration is widely accepted. Still, not all signed ...

Arbitration Rules came into effect on June 1, 2026. As reported in our previous alert, a key change made as part of the update wa ...

Type to search articles, cases, and authors. Press ↵ to view all results. The November argument session brought the justices back once again to the Federal Arbitration Act, with a pair of cases on the ...