By: Mala Stauder; Junior Staffer A lack of diversity among appointed arbitrators has been a longstanding presence in the international arbitration community. Achieving gender diversity specifically proved to be a consistent challenge, yet its resolution remained a low priority for years. The international arbitration arena often wastes the most qualified talent when excluding women. In…
Category: Developments
What Would the End of McCarran-Ferguson Mean for Arbitration?
By: Dominic Charles; Junior Staffer With the passage of the Competitive Health Insurance Reform Act (CHIRA) of 2020, on January 13, 2021, Congress signaled that the world of insurance arbitration may soon change dramatically. Competitive Health Reform Act of 2020, PL 116-137, January 13, 2021, 134 Stat 5097; James W. Lowe McCarran-Ferguson Act Amended Repeal…
California Gets Creative: How AB 51’s Future May Shape State Regulation of Arbitration
By: Scarlett Horn; Junior Staffer The United States (“U.S.”) Supreme Court has used cases such as Concepcion and Lamps Plus to establish its preference for enforcing arbitration clauses, including those that waive the right to class actions in consumer and employment contracts. Despite the pro-arbitration trend, California has remained undeterred in its resolve to avoid…
Frozen French Fries and the MPIA: The future of appeals at the WTO?
By: Colin McGinness; Junior Staffer In late December 2022, the World Trade Organization (WTO) decided on a seemingly routine case regarding the trade of frozen french fries between Colombia and the European Union (EU). Colombia accused several countries within the EU of ‘dumping’ frozen french fries and other frozen potato products into the Colombian market….
COVID-19 and Virtual Hearings
COVID-19 has affected our lives in many different ways. Thousands of people lost their lives, many employees lost their jobs, and it is still unclear when and how we would return to our daily routines. Social distancing and health measures have led to the closure of economies in many countries. Different business fields are affected,…
The Arbitration Brief 