Todd E. Soloway and Bryan T. Mohler explain that although arbitration clauses are widely favored and commonly used, courts will narrowly construe their scope. Explicit drafting can avoid unintended ...

Nearly six years after the 2019 amendments to the Arbitration and Conciliation Act, 1996 (1996 Act), the Union government is ...

Arbitration is an inherently flexible mechanism that allows parties, by agreement, to create a bespoke process that suits their preferences and circumstances. However, drafting errors often lead to ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

Some companies with arbitration clauses in their terms of service are now seeking solutions. For example, in 2021 an online retailer completely removed its ...

Employers want quick arbitration but must ensure legal enforceability. The Flores case shows that vague or unfair arbitration clauses can be invalid. To be enforceable, agreements should include clear ...

“You may need to agree to arbitrate to see a doctor or go to a given hospital. A trip to Disney will require it … Car rentals, apartment leases, gym memberships, airlines, payday lenders, and nursery ...

“Choosing between mediation, arbitration, or litigation will depend on what a specific party is seeking…. Your best option will solely depend on the complexity of the issues, what you seek as a ...