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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

The Corruption Defense in Investor-State Arbitration: Why ICSID is the Wrong Forum

By Elizabeth Sheridan The International Centre for Settlement of Investment Disputes (ICSID) was created in 1966 to promote international investment by providing confidence in the dispute resolution process. In many developing countries, it is essential to attract consistent foreign investment to provide necessary capital and infrastructure conducive for long-term economic and institutional development. Investor-state dispute…

thearbitrationbrief's avatar by thearbitrationbrief April 3, 2026

Winning Isn’t Getting Paid: Russia and the Enforcement Crisis in Arbitration

By Esther Eikins International arbitration is often regarded as the premier mechanism for resolving cross-border disputes because it promises neutral decision-making and enforceable outcomes. Yet enforcement battles involving Russia reveal how fragile this system can be when geopolitical conflict intervenes. Although the enforcement framework under the New York Convention relies on national courts to recognize…

thearbitrationbrief's avatar by thearbitrationbrief April 3, 2026

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
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