CCA Fellow Theo Cheng examines how the U.S. Supreme Court’s decision in Trump v. CASA, Inc. may affect the perceived value of injunctive relief in arbitration. Although arbitral tribunals can issue effective interim and emergency relief, their authority generally extends only to the parties before them—a limitation traditionally viewed as a disadvantage compared with federal courts. By restricting federal courts’ ability to issue nationwide injunctions benefiting nonparties, CASA narrows that …
arbitration rules
Arbitrating the Mediated Term Sheet
By Renee Gerstman Congratulations! The mediation was successful and the parties executed a term sheetsetting forth the substantive terms to be included in a formal definitive agreement. The parties,intending the term sheet to be binding despite lack of executed final settlement documents,1include a sentence providing that the mediator will resolve any disputes regarding the mediatedterm sheet. In the process of finalizing the settlement agreement a dispute arises, and the mediator isasked …
