A previous post in this blog discussed the impact that arbitration rules can have on how an eventual dispute is resolved. In arbitration, the parties can chose—or even make—the rules that will apply. Often they will chose, without considering, AAA rules. A recent decision by the Washington Court of Appeals, Raven Offshore Yacht Shipping, LLP v. F.T. Holdings, LLC,[1] ...

A previous post in this blog discussed the impact that arbitration rules can have on how an eventual dispute is resolved. In arbitration, the parties can chose—or even make—the rules ...

It is important to understand the difference between a contractual provision requiring mediation or arbitration and one that makes mediation a condition precedent to arbitration or the filing of a lawsuit. Here is a typical arbitration clause: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered ...

It is important to understand the difference between a contractual provision requiring mediation or arbitration and one that makes mediation a condition precedent to arbitration or the filing of a ...

Arbitration’s near-ubiquitous use in commercial contracts makes it appear to be a handy one-size-fits-all alternative to courtroom litigation for business disputes. Unfortunately, as with most things in the world of dispute resolution, looks can be deceiving. Here are several questions to ask when weighing whether arbitration will fit your particular business needs. How important is the case? As a ...

Arbitration’s near-ubiquitous use in commercial contracts makes it appear to be a handy one-size-fits-all alternative to courtroom litigation for business disputes. Unfortunately, as with most things in the world of ...

In the wake of AT&T Mobility LLC v. Concepcion[1], mandatory arbitration agreements have become increasingly common in consumer and employment contracts. The rise of arbitration agreements even caught the eye of the New York Times, which ran a three-part series about the “soaring number of consumer and employment contracts” containing arbitration clauses.[i] As discussed in earlier blog posts, when ...

In the wake of AT&T Mobility LLC v. Concepcion[1], mandatory arbitration agreements have become increasingly common in consumer and employment contracts. The rise of arbitration agreements even caught the eye ...

There are many reasons an employer may want to require arbitration of disputes with its employees. Arbitration can be (but is not always) less expensive than court litigation; arbitrations are not public and are often confidential; and an arbitration agreement can, when combined with a class-action waiver, effectively preclude employee class actions where the claims are not small. Earlier ...

There are many reasons an employer may want to require arbitration of disputes with its employees. Arbitration can be (but is not always) less expensive than court litigation; arbitrations are ...

A waiver of the right to bring a class action is enforceable as part of an arbitration agreement, and a state law rule to the contrary is preempted by the Federal Arbitration Act, 9 U.S.C. §1, et seq.[1] The FAA does not, however, preclude a rule barring contractual waiver of a representative action that does not use a class ...

A waiver of the right to bring a class action is enforceable as part of an arbitration agreement, and a state law rule to the contrary is preempted by the ...

On May 14th, the partners of Savitt Bruce & Willey gave a CLE presentation to the Washington chapter of the Association of Corporate Counsel. The topic of discussion was “Finessing the Fine Print: Getting What you Want and Knowing What You’re Getting with Agreements to Arbitrate and Covenants not to Compete”.  The material was presented in two segments.   The ...

On May 14th, the partners of Savitt Bruce & Willey gave a CLE presentation to the Washington chapter of the Association of Corporate Counsel. The topic of discussion was “Finessing ...