CCA surveyed its membership seeking the individual and collective experiences and opinions of the Fellows regarding arbitrations conducted in whole or in part through remote video technology (‘virtual arbitrations’). This is a preliminary summary of the results of that survey Read More
Negative comments on consumer or workplace arbitration seem to somehow be newsworthy or get shared while positive aspects of arbitration, consumer or commercial, somehow miss the spotlight. Read More
A recent public report of an arbitration award issued by College Fellow Richard H. Silberberg provides a case in point. Read More
Many members of CCA are successful mediators as well as arbitrators. As mediators they can function concurrently as Process Facilitators ("PFs") during an arbitration to help the parties prepare for an efficient arbitration. Read More
A series of U.S. Supreme Court decisions have all but eliminated class arbitrations for consumers, employees, franchisees, and others with common claims against a single company. The latest, decisive blow came in Lamps Plus, Inc. v. Varela, 587 U.S. __, 203 L. Ed. 2d 636 (2019), with the Court holding that arbitration on a classwide basis could not be compelled based on an arbitration agreement’s ambiguous language. Most arbitration agreements include a waiver of class arbitrations; some are silent. There are virtually none explicitly allowing for class arbitration. Read More
The CCA Arbitration Aardvark has noticed quite a bit of discussion on the cost of business dispute resolution and whether arbitration is speedier and less costly than litigation. It certainly can be, and often is. It has been reported that business arbitrations take on average 7.3 months from start to resolution while the U.S. District Court cases take an average of 23.4 months – and that’s even before appeals. Generally, the longer a case takes the more expensive it becomes. Read More
A CCA Education Committee webinar. Read More
Inspired by Gary Born’s lecture on Pathological Arbitration Clauses, I recently challenged CCA Fellows to nominate troublesome clauses that came to their attention this past year. Before announcing the winner, though, a word or two on the criteria for the challenge... Read More
A CCA Education Committee webinar. Read More
Many employees and consumers agree to arbitrate any dispute they may have with their employer or vendor. These agreements often result from "mandatory" arbitration clauses which simply means that the employee or consumer had no choice but to agree if she wanted to take the job or buy the product. Read More
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