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…
Category: Domestic (U.S.)
Arbitration in Times of Restrained Social Relations Due to the COVID-19 Pandemic
The year 2020 will be remembered in history as the year in which humanity faced the COVID-19 pandemic. It seems that it will remain our day-to-day concern for some time with devastating effects on the economies of developed and developing countries all around the world. Another consequence of the pandemic is that many domestic judicial…
The Impact of COVID-19 on Arbitration
COVID-19 has already impacted almost every industry. Many in-person communications are moving online via teleconferencing and videos. The economic markets in nearly every country are being enormously affected, supply chains have been halted, and many employees can no longer go to work to manufacture products. These major changes to the world economy will no doubt…
AAA Ruling: Taking a Hard Line on Doping Infractions
Performance enhancing drugs have had a persistent place in sports for decades, and their utility has only increased as athletic achievements have been monetized. From Maradona and Armstrong to countless other athletes, long term health has taken a back seat to the glory of winning and the money that comes along with it. This storyline…
The Power of the FAA after Lamps Plus
This past spring 2019, the Supreme Court brought a new interpretation to the field of U.S. arbitration. A challenge for workers but a gift for employers, Lamps Plus v. Varela has more loosely applied the waiver of class action arbitration in the Federal Arbitration Act. The FAA was enacted in 1925 to relieve pressure on…
The Arbitration Brief 