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Justin Bieber, Sunoco and Arbitration: How are they Possibly Connected?   by George Friedman*   Earlier this week came word that Justin Bieber and a photographer, who are embroiled in a law suit in Florida over an alleged assault on the photographer, are now arguing about whether the judge should direct the parties to submit…

Ten Things about Litigation that Arbitration Critics Won’t Tell You by George H. Friedman*  [republished from an earlier post] The recent uproar over General Mills’ decision to adopt and later retract a new policy by which consumers, by engaging in activities such as downloading a recipe, or participating in a contest, or “liking” the firm…

MONTVILLE, N.J., Nov. 4, 2014 /PRNewswire/ — Vertican Technologies, Inc. (VT) of Montville, NJ, and Arbitration Resolution Services, Inc. (ARS) of Coral Springs, FL, have entered into a strategic partnership to connect attorneys using VT’s YGC Solutions®platform to the ARS Complete Online Dispute Resolution (C- ODR™) system. Logo – http://photos.prnewswire.com/prnh/20141104/156498LOGO Logo – http://photos.prnewswire.com/prnh/20141104/156497LOGO ARS is a cutting-edge…

The recent uproar over General Mills’ decision to adopt and later retract a new policy by which consumers, by engaging in activities such as downloading a recipe, or participating in a contest, or “liking” the firm on Facebook, would unwittingly be agreeing to arbitrate, certainly refocused the spotlight on the prevalent use of mandatory, predispute arbitration in consumer transactions.

In today’s fast-paced tech world, it’s critical to stay ahead of emerging trends from both product development and transactional administration.  In an effort to compare traditional court litigation to increasingly popular methods of Alternative Dispute Resolution (ADR) in technology-related disputes, the World Intellectual Property Organization (WIPO) commissioned the International Survey On Dispute Resolution In Technology…

Ten Things about Litigation that Arbitration Critics Won’t Tell You by George H. Friedman*  The recent uproar over General Mills’ decision to adopt and later retract a new policy by which consumers, by engaging in activities such as downloading a recipe, or participating in a contest, or “liking” the firm on Facebook, would unwittingly be…

In short there are three takeaways here: 1) labor arbitration is a different animal, but the scope of court review of arbitration awards is very limited, just as in business or consumer arbitrations; 2) A-Rod is pushing the proverbial rock up a hill with his announced intention to appeal Arbitrator Horowitz’s decision that he be suspended for 162 games (an entire season); and 3) there is a small window of opportunity that might allow him to play this year.

I have to admit I was a little concerned about the Arbitration Resolution Services, Inc. business model when I read summaries describing Martin v. Wells Fargo Bank, N.A., No. 12-6030 (N.D. Cal. Dec. 2, 2013). It sounded like the court was saying online agreements to arbitrate were not enforceable. Then I read the actual case. Turns out this case is just about failure of proof.I have to admit I was a little concerned about the Arbitration Resolution Services, Inc. business model when I read summaries describing Martin v. Wells Fargo Bank, N.A., No. 12-6030 (N.D. Cal. Dec. 2, 2013). It sounded like the court was saying online agreements to arbitrate were not enforceable. Then I read the actual case. Turns out this case is just about failure of proof.

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act preempts a Montana rule of law that invalidated take-it-or-leave-it form contracts that deviated from the “reasonable expectations” of the parties. In Mortenson v. Bresnan Communications, LLC, the court reversed a district court decision refusing to enforce a predispute arbitration agreement found in an internet service provider’s form contact.