By Deborah Slattery-Pereira How U.S. Courts Treat Non-Signatories Parties will subject their disputes “to arbitration if, and only if, [they] actually agree to arbitrate those disputes.” Complex commercial disputes often involve multiple international contracts with different parties, but usually, only two parties sign the arbitration agreement. Because arbitral proceedings depend on a consensual agreement, generally,…
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Should Naming the Arbitral Seat not be Enough?
By Jeremy Hernandez-Lum Tong In 2020 and 2021, the Supreme Court of the United Kingdom (“UKSC”) made two seminal decisions on the law governing arbitration agreements, namely Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb and Kabab-Ji SAL v Kout Food Group. The latter, Kabab-Ji UKSC, recapitulated the reasoning in Enka, but differed…
The Evolving Landscape of Consumer Arbitration: Lessons from Coinbase, Ticketmaster, and Disney
By Jack Moore Last year was a busy one for arbitration in the United States. The Supreme Court decided three cases in 2024 pertaining to arbitration, the Ninth Circuit decided another, and in August, a high-profile dispute involving the Walt Disney Company brought the word “arbitration clause” into the popular conversation. The landscape of consumer…
How the UAW Used Arbitration to Protect Their Members
By Kevin Lauro Workers make the world go round. They build bridges, fix broken bones, and dispose of trash. Traditionally, we think of the relationship between a worker and their employer as one in which the employer gives the worker a job. However, the employer can also take that job away, but what if the…
Artificial Intelligence in Arbitration: Sh-AI-ping the Future
By Philip Winkle Introduction If you grew up watching science fiction, you probably expected the robot takeover to resemble The Terminator, I, Robot, or The Matrix. But, instead of battling automatons or desperately hacking the algorithm trying to override humanity’s destiny, this Brave New World is really just you—someone working in or studying international arbitration—staring…
The Arbitration Brief 