The Arbitration Brief

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…

La Convención de la Haya sobre Ejecución de 2019 y el efecto en la selección del arbitraje internacional como método de resolución de conflictos

Editor’s Note: This piece is part of our on-going Spanish-publication series. English Language Summary: On 2 July 2019, the delegates of the 22nd Diplomatic Session of the Hague Conference on Private International Law signed the Final Act of, and thus adopted, the 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial…

The FAIR Act: Bringing Consent Back to Arbitration

The House of Representatives passed the Forced Arbitration Injustice Repeal Act (“The FAIR Act”) on September 20, 2019, and the legislation has been introduced into the Senate. The FAIR Act’s purpose is to “prohibit pre-dispute arbitration agreements that force arbitration of future employment, consumer, antitrust, or civil rights disputes.” This opens up judicial system access…

Las Reglas De Praga y la Eficiencia de los Procedimientos

English Language Summary: Traditionally, international arbitration proceedings have been conducted under the influence of the common law and its adversarial system. Some factors identified as contributing to the increasing cost of arbitration proceedings include document production, fact witnesses and party-appointed experts. As a solution, a group of arbitration practitioners from civil law countries drafted The…

Arbitration Council of India: A Step Forward or Backward?

Significant changes have come this year to the Indian arbitration regime. A primary source of these changes can be seen through the insertion of Part 1A in the Arbitration and Conciliation Act, 1996 (“ACA”) which prescribes for the establishment of the Arbitration Council of India (“ACI”). These amendments were based on the report of the…