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Application of Mandatory Law in U.S. Arbitration
In this article, the authors examine claims under mandatory law and describe how they are treated in jurisdictions other than where they arise. They then analyze the effect of choice-of-law provisions on mandatory law. Finally, the authors explore how mandatory law may be treated by arbitrators. (Reprinted with permission from the July 2024 issue of the Dispute Resolution Journal ©2024. All rights reserved. Further duplication without permission is prohibited.) *The views …
SCOTUS Holds That When Parties Enter into Multiple Contracts Containing Conflicting Dispute Resolution Provisions, A Court, Not an Arbitrator, Must Decide Which Contract Governs
In Coinbase v. Suski, 610 U.S. __ (May 23, 2024) (“Coinbase”), SCOTUS resolved a very narrow legal question based upon a highly specific factual scenario. The parties entered into two contracts. The earlier contract contained an arbitration clause specifically delegating issues of arbitrability to an arbitrator. The subsequent contract contained a forum selection clause requiring litigation of disputes in the California courts. The case called upon SCOTUS to decide whether an arbitrator or a …
CCA Associates Mentorship Program – Class of 2024
Meet the 2024 CCA Associates Rebecca Huang, FCIArb, (Weintraub Huang LLP) is a Canadian Arbitrator uniquely qualified to handle complex commercial disputes involving Chinese parties, venues and/or documents. Admitted to practice law in Ontario, Canada in 2006, Ms. Huang is the Managing Partner of Weintraub Huang LLP, a boutique Toronto law firm dedicated to the arbitration and litigation of complex commercial disputes. Raised and educated in China, and since 1994 in Canada, Ms. …
CCA Congratulates and Welcomes the New Fellows Class of 2024!
CCA welcomes 7 new Fellows in 2024. More information about our latest class will be coming soon! Steven M. Bauer (Boston, Massachusetts) Loretta M. Gastwirth (Mineola, New York) Michael J. Jordan (Longboat Key, Florida) Hon. Michael C. Massengale (Houston, Texas) Terry F. Moritz (Highland Park, Illinois) Andrew D. Ness (Washington, D.C.) Roderick M. Thompson (San Francisco, California) -- Congratulations to the New Fellow Class of 2024! -- …
Exploring California’s Reputation: From Wild West to Arbitration Destination
California is well positioned as an arbitration venue, particularly for U.S. to Asia disputes, due to its geography, leading universities, experienced arbitrators, and capable judiciary. (Reprinted with permission from the May 1, 2024 issue of the Daily Journal ©2024 Daily Journal Corporation. All rights reserved. Further duplication without permission is prohibited.) *The views expressed are those of the author and do not necessarily reflect the views of CCA or any other …
The College of Commercial Arbitrators Announces 2024 Associates Selected for Prestigious Associates Mentorship Program
Highly Qualified, Candidates Increasing Diversity in Commercial Arbitration AUSTIN, TX – The College of Commercial Arbitrators (CCA) announces its 2024 “CCA Associates,” a carefully selected group of well-qualified arbitrators. The CCA launched the Associates Mentorship Program in 2022 to assist arbitrators from diverse backgrounds with their efforts to develop commercial arbitration practices. All CCA Associates have active alternative dispute resolution (ADR) practices, but less than …
SCOTUS Holds That Transportation Worker Need Not Work in Transportation Industry to Qualify for FAA Section 1 Exemption
On April 12, 2024, in Bissonnette v. LePage Bakeries St., LLC (“Bissonnette”), the U.S. Supreme Court unanimously resolved a split in the U.S. Courts of Appeal concerning the scope of the exemption in Section 1 of the Federal Arbitration Act (“FAA”) for "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce." Last Term, in Southwest Airlines Co. v. Saxon (“Saxon”), SCOTUS had held that “any class of workers directly …