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Category: Labor

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…

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  • Arbitration Without Consent? U.S. Courts Can Force Non-Signatories to Arbitrate, Leaving Arbitrators to Decide Which Claims Will Proceed to Arbitration
    Arbitration Without Consent? U.S. Courts Can Force Non-Signatories to Arbitrate, Leaving Arbitrators to Decide Which Claims Will Proceed to Arbitration
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  • Incorporation of Arbitration Rules by Reference: Clear and Unmistakable Evidence of an Intention to Delegate the Authority to Arbitrate?
    Incorporation of Arbitration Rules by Reference: Clear and Unmistakable Evidence of an Intention to Delegate the Authority to Arbitrate?
  • Limitation Period for Enforcing Foreign Awards: Is the Confusion Settled?
    Limitation Period for Enforcing Foreign Awards: Is the Confusion Settled?
  • So, You Think You Can Arbitrate?
    So, You Think You Can Arbitrate?

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AAA Africa American Arbitration Association Arbitration Bilateral Investment Treaty BIT business China dispute-resolution Employee Employer European Union India Investment Arbitration law London news SCOTUS Trade World Trade Organization

Race and Arbitration: The Unspoken Rules of the American Arbitration System 

By Genevieve Francois Introduction The American arbitration system is governed by the Federal Arbitration Act, which creates a structure that allows companies to mandate arbitration for dispute resolution. This format forces disputes to be resolved privately rather than in the more public arena of the court system. Mandatory arbitration clauses are often purposefully hidden within…

thearbitrationbrief's avatar by thearbitrationbrief March 1, 2026March 1, 2026

Effective Vindication in Name Only: How Arbitration Rights Now Depend on Geography

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…

thearbitrationbrief's avatar by thearbitrationbrief February 17, 2026

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…

thearbitrationbrief's avatar by thearbitrationbrief February 10, 2026February 10, 2026
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