News & Insights

The Floodgates Have Opened: Mass Arbitrations

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

March 22, 2022 By The CCA Aardvark

CCA Blogs

Aardvarks Care About the Cost of Business Dispute Resolution!

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

March 7, 2022 By The CCA Aardvark

Media Library

Preparation of Partial, Final, Interim and Corrected Awards and the Doctrine of Functus Officio

A CCA Education Committee webinar. Read More

February 23, 2022 By CCA Digital Team

Articles by Fellows

Pathological Clause of 2021: Winner

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

February 21, 2022 By Robert E. Bartkus

Media Library

The Floodgates Open: Managing Mass Arbitrations in the Wake of Epic Systems and Lamps Plus

A CCA Education Committee webinar. Read More

January 18, 2022 By CCA Digital Team

Articles by Fellows

A New ADR Development: Mass Arbitrations

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

January 18, 2022 By Hon. Shira A. Scheindlin

Articles by Fellows

Can California Protect Employees from Entering into Mandatory Pre-Dispute Arbitration Agreements and Avoid Federal Preemption?

Does the Federal Arbitration Act (FAA) preempt California’s most recent attempt to prevent employers from requiring employees to enter into mandatory pre-dispute arbitration agreements? Read More

January 7, 2022 By Paul J. Dubow and Marc D. Alexander

Articles by Fellows

Arbitration’s Advantages Make It A Superior Solution

The benefits of commercial arbitration are generally known and widely accepted. Arbitration disputes on average are concluded far more quickly and efficiently than court litigation. Read More

December 14, 2021 By David C. Singer

Articles by Fellows

Ninth Circuit to Arbitrator: You can’t do that, even here in arbitration nation.

At one time, many courts were hostile to arbitration. Arbitrators didn’t need to be lawyers, and they often didn’t approach things the way a court would. To those used to the way courts decide disputes, arbitrators’ way of deciding disputes could seem, well, arbitrary. Read More

December 1, 2021 By David Allgeyer

Articles by Fellows

Commercial Arbitrations: Private, But Not Always Secret

An advantage of commercial arbitration is that it is private. The dispute is resolved in a private proceeding. Unlike court, the public is not allowed in. But that doesn’t mean arbitration proceedings will remain secret. Read More

November 30, 2021 By David Allgeyer

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The Floodgates Have Opened: Mass Arbitrations

Aardvarks Care About the Cost of Business Dispute Resolution!

Preparation of Partial, Final, Interim and Corrected Awards and the Doctrine of Functus Officio

Pathological Clause of 2021: Winner

The Floodgates Open: Managing Mass Arbitrations in the Wake of Epic Systems and Lamps Plus

A New ADR Development: Mass Arbitrations

Can California Protect Employees from Entering into Mandatory Pre-Dispute Arbitration Agreements and Avoid Federal Preemption?

Arbitration’s Advantages Make It A Superior Solution

Ninth Circuit to Arbitrator: You can’t do that, even here in arbitration nation.

Commercial Arbitrations: Private, But Not Always Secret

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