By: Marimar Seda, Senior articles Editor Employment arbitration is a method of resolving issues between an employer and an employee in an out-of-court setting. Arbitration has been around for a long time but was first codified in 1925 with the passage of the Federal Arbitration Act (FAA). Congress passed the FAA, to establish a foundation…
Category: Arbitration Rules
Not So Friendly Skies: The Impact of Social Media on Private Aviation Arbitration
By: Aissatou Toure; Junior Staffer On April 9, 2017, on a warm Sunday afternoon in the Chicago O’Hare airport, a United Airlines flight was bound for Louisville, Kentucky. The airline overbooked the flight when it added four deadheading crew members to the flight. The deadheading crew is a flight crew that is transported by an…
The New Trend of Waiving Confidentiality in Arbitration Proceedings
By: Adaeze Mgbeahuru; Junior Staffer Confidentiality is an essential part of arbitration and dispute resolution. Parties engage in arbitration and dispute resolution because of the core element of confidentiality. However, in recent times, parties in international commercial and investor-state arbitration proceedings are increasingly waiving confidentiality during and after arbitration. Recently, most institutional arbitration proceedings are…
The Importance of Specifying the Law Governing Arbitration Agreements to Prevent Conflicting Interpretations in Parallel Proceedings
“Specifying the choice of law in an arbitration agreement would enable the parties to be conscious of the legal system binding their arbitration and be aware of the validity and enforceability of their arbitral awards in different jurisdictions.”
The Complex World of International Arbitration and Eventual Enforcement
Recently, in a decision issued by the Court of Justice of the European Union, in the case of Slovak Republic v. Achmea, intra-EU bilateral investment treaties’ (“BIT”) arbitration clauses were declared to be in violation of governing European Union (“EU”) law and therefore illegal. The court stated “that the arbitration clause in the BIT [between Slovakia and the…
The Arbitration Brief 