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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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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

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

Sustainable Development Compliance in International Investment Agreements: Enforceable at Arbitration?

By Carolina Joy As international investment agreements (IIAs) increasingly include references to the United Nations’ Sustainable Development Goals (SDGs), investor-state arbitration further becomes a site of global governance, mediating conflicts between private investment protection and public development objectives. Within this dispute resolution mechanism, the tension between the soft law of the SDGs and the hard…

thearbitrationbrief's avatar by thearbitrationbrief January 30, 2026January 30, 2026
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