Arbitration, Mediation & Alternate Dispute Resolution
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Fashion Nova’s Arbitration Clause Fades Away
March 1, 2024 | Blog | By Geoffrey Friedman, Matthew Hurley
China’s New Intellectual Property Mediation Rules
January 4, 2022 | Blog | By Matthew Hurley, Oliver Ennis, Tianyi Tan
In what appears to be an effort to standardize and professionalize its mediation practices and procedures, China recently enacted new rules governing the mediation of intellectual property disputes. Issued by the Mediation Center of the China Council for the Promotion of International Trade, a national foreign trade body, the new rules create a framework that can guide IP dispute mediation nationwide. It appears that China is hoping that these steps will make it a more popular mediation forum among foreign parties.
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The Road Less Travelled: Why Arbitration is an Increasingly Attractive Alternative for Resolving IP Disputes
September 26, 2021 | Blog | By Matthew Hurley, Michael Renaud, Oliver Ennis
Arbitrability, Delegation, Carve-outs and Estoppel: SCOTUS Says “Welcome Back, Henry Schein”
August 31, 2020 | Blog
On June 15, 2020, the U.S. Supreme Court welcomed back a familiar case by granting certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 19-963. SCOTUS itself arguably made the case’s second visit to Washington inevitable by issuing a narrow decision in the first go round (“Schein I”) and leaving a number of related issues on the table that would have to be addressed on remand.
The issues in both Schein I and current Schein II largely concern who should decide gateway questions of arbitrability in the first instance – (a) a court, the presumptive adjudicator of such questions; or (b) an arbitrator, when the parties have “clearly and unmistakably” agreed to delegate such issues to an arbitral panel. But SCOTUS has some latitude with respect to the range of issues it will address concerning the relationships between arbitrability, delegation, arbitration clause carve-outs, and equitable estoppel.
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The issues in both Schein I and current Schein II largely concern who should decide gateway questions of arbitrability in the first instance – (a) a court, the presumptive adjudicator of such questions; or (b) an arbitrator, when the parties have “clearly and unmistakably” agreed to delegate such issues to an arbitral panel. But SCOTUS has some latitude with respect to the range of issues it will address concerning the relationships between arbitrability, delegation, arbitration clause carve-outs, and equitable estoppel.
U.S. Enforcement of International Arbitral Awards: Is Forum Non Conveniens a Viable Defense?
February 28, 2020| Blog|
An "Affirmative" Contractual Basis to Permit Class Arbitration Is Required by Eighth Circuit
February 7, 2020| Blog|
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