Practice Points

New Jersey: Time to Review Those Arbitration Clauses Again?

By Robert E. Bartkus – June 19, 2019 | Some highlights from New Jersey court rulings that are important for transaction lawyers drafting arbitration clauses.

Supreme Court Eliminates “Wholly Groundless” Exception

By John Haarlow, Jr. – June 12, 2019 | Parties who receive meritless motions to compel arbitration have to let the arbitrator decide the question if that is what their arbitration agreement provides.

Articles

Supreme Court Resolves Circuit Split Regarding FAA’s Section 1 Exemption

By P. Jean Baker – May 23, 2019 | A court must decide if an employment contract is subject to the exemption of transportation workers, and “independent contractors” fall within the scope of the exclusion.

Third-Party Arbitration Summonses: Some Helpful Practice Pointers

By Stephen P. Gilbert – May 23, 2019 | A court rebuffed a variety of attacks on summonses issued by an arbitration panel and on the court’s jurisdiction.

Sound Advice Podcasts

Preparing For Your First Arbitration Pre-Hearing

By Joan Stearns Johnsen – November 6, 2018 | Arbitration advocacy is the same as litigation advocacy and completely different. The Pre-Hearing Conference is the first opportunity to interact with your panel. Here are some tips so that even if it is your first arbitration pre-hearing conference, the panel will not know it. (3:24 min)

Should You Take Discovery Before Mediating?

By Joan Stearns Johnsen – November 6, 2018 | How much is enough? The earlier you mediate the greater the savings for your client. How can you take just enough so your settlement is rational and your client is happy. (2:35 min)

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