The policy rationales that underpin enforcing arbitration agreements may potentially be at odds with those underpinning the class actions regime (see our previous posts here and here). These policy rationales collide when confronting the question of whether plaintiffs can waive their right to participate in a class action through a mandatory arbitration clause and, if so, when this is permissible. Canada and the United States continue to have different approaches to the question of who decides whether a dispute is arbitrable – the arbitrator or the court? With respect to enforcement in the class action context, courts in the United States tend to enforce arbitration clauses such that class actions are precluded. However, in Canada an arbitration clause that acts as a barrier to dispute resolution may be unenforceable and precluded by certain legislation.
Read moreThe EEOC Abruptly Concludes ACT Mediation Pilot But Keeps Some Of The Popular Changes
After the U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it had extended its ACT Mediation pilot program, the EEOC reversed course yesterday and abruptly concluded pilot programs relating to the EEOC’s conciliation and mediation efforts. The ACT Mediation pilot, which launched on July 6, 2020, expanded the categories of charges eligible for mediation, generally allowed for mediation to take place throughout an investigative process (rather than only before the investigation begins as is traditionally the case outside the pilot), and expanded the use of technology to hold virtual mediations.
Read moreSports Law : Court of Arbitration for Sport (CAS)
The Court of Arbitration for Sport (CAS) was founded in 1984 and is an independent organisation that facilitates the resolution of disputes involving sporting organisations and their individual members through mediation and binding arbitration.
CAS has its main seat in Lausanne, Switzerland but also has operational offices in Sydney, Australia and New York, United States.
Read moreIn brief: selecting mediators in USA
Is there a professional body for mediators, and is it necessary to be accredited to describe oneself as a ‘mediator’? What are the key requirements to gain accreditation? Is continuing professional development compulsory, and what requirements are laid down?
Read moreNinth Circuit to Examine the Reach of Mandatory Employment Arbitration Agreements
On March 2, 2021, the United States Court of Appeals for the Ninth Circuit will hear oral argument in a case that could test the boundaries of mandatory arbitration, and determine whether employees can be tethered to arbitration agreements for years after leaving a company.
Read moreThe Benefits Of More Alternative Dispute Resolution At GAO
In late December, the U.S. Government Accountability Office issued its highly anticipated Bid Protest Annual Report to Congress.[1] The statutorily mandated report contains an array of information about the GAO's bid protest forum over the prior fiscal year, including the most prevalent reasons the GAO sustained protests along with a variety of statistical data.
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