The Arbitration Brief

Salary Arbitration in Baseball Contracts

By: Caitlen Moser, Junior Staffer In December 2023, two-way baseball player Shohei Ohtani and the Los Angeles Dodgers agreed to the largest player contract in sports history, with Ohtani set to earn seven hundred million dollars over the next ten years. Unique in the modern era, Ohtani is both one of the best pitchers and…

The Tightrope Walk of FTAs: Balancing the Relationship Between Foreign Investments and Public Interests

By: Savannah Kelly, Senior Staffer Investors have the right to protect their investments just as host states have the right to protect public interests–otherwise recognized as public interest regulation. The balance between the rights of investors and that of states skews off-kilter when arbitral proceedings whittle away or strip entirely the regulatory autonomy of states….

Forced Arbitration in Tesla’s Consumer Contracts

by: Abby Hug, Senior Staffer The Federal Arbitration Act (FAA) reflects a federal policy that strongly favors arbitration for resolving disputes, especially regarding written agreements between a buyer and seller. Arbitration appeals to organizations because arbitrators tend to issue results that favor the company that hired them, it is cheaper than litigation, and keeps product…

Brazilian Congress and Supreme Court will analyze the Arbitrators’ Duty to Disclose in the Brazilian Arbitration Act

By: Deborah Slattery-Pereira, Senior Staffer Brazil enacted the Brazilian Arbitration Act (“BAA”) in 1996, adopting the United Nations Commission on Trade Law (“UNCITRAL”) Model Law. Brazilian courts played an active role in supporting arbitration proceedings and recognizing arbitration as a constitutional alternative dispute resolution mechanism. Now, the issues of arbitrators’ duty to disclose and increased…

Goldman Sachs and 1MDB Arbitration

By: Benin Lee, Articles Editor In early October 2023, Goldman Sachs filed a suit against the government of Malaysia in the London Court of International Arbitration (LCIA). This developing case serves as an informative resource on contemporary arbitration developments while stimulating discourse on the advantages of LCIA arbitration and the strategic decisions made in international…