By Braxton Johnson Defendants invoke arbitration to control costs, timelines, and exposure, but courts must still confront a threshold question: will arbitration permit plaintiffs to meaningfully vindicate federal statutory rights? In Italian Colors, the Supreme Court of the United States (SCOTUS) sought to answer this question by recognizing the “effective vindication doctrine,” which bars enforcement…
Category: Arbitration Rules
Recognition and Enforcement of Foreign Arbitral Awards in Vietnam
By Dr. Nguyet Le Background Five years after ratifying the New York Convention 1958 (the NYC), Vietnam enacted its first Commercial Arbitration Law on June 17, 2010 (Law 54). Law 54 differentiates between the annulment review of domestic arbitral awards’ proceedings and the recognition and enforcement of foreign arbitral awards. It remains controversial whether this…
Pregnancy, Power, and Procedure: The WNBA Arbitration Clause Meets Its Limits
By Bella DiPalermo When the Women’s National Basketball Association (WNBA) All-Star Dearica Hamby filed a federal lawsuit alleging pregnancy discrimination and retaliation, she did more than bring a personal claim. She revealed a structural tension at the heart of professional sports: the uneasy coexistence between collective bargaining and individual statutory rights. Hamby’s case, which survived…
The Growth of Regional Arbitration Centers: Providing Localized and Efficient Dispute Resolution
By Reagan Powers Over the past few years, regional arbitration centers have grown in popularity, rivaling the historical dominance of the International Chamber of Commerce and the London Court of International Arbitration. The regional arbitration centers aim to provide cost-effective, localized, and efficient dispute resolution. “Two Person Shaking Each Others Hands – Credit to http://homedust.com/”…
Arbitration Without Consent? U.S. Courts Can Force Non-Signatories to Arbitrate, Leaving Arbitrators to Decide Which Claims Will Proceed to Arbitration
By Deborah Slattery-Pereira How U.S. Courts Treat Non-Signatories Parties will subject their disputes “to arbitration if, and only if, [they] actually agree to arbitrate those disputes.” Complex commercial disputes often involve multiple international contracts with different parties, but usually, only two parties sign the arbitration agreement. Because arbitral proceedings depend on a consensual agreement, generally,…
The Arbitration Brief 