ADR Prof Blog by Andrea Schneider, Michael Moffitt, Sarah Cole,Art Hinshaw, Jill Gross and Cynthia Alkon.
Earlier this week, the Supreme Court issued a per curiam opinion in Nitro-Lift Technologies, L.L.C. v. Howard, 2012 WL 5895686 (Nov. 26, 2012), ruling that the FAA preempted a decision by the Supreme Court of Oklahoma to rule on the validity of a covenant not to compete in the first instance, despite the existence of an arbitration clause. The Court ruled that the Oklahoma high court blatantly and improperly ignored the Court’s FAA separability doctrine, which declares that arbitrators decide in the first instance the enforceability of contracts containing a pre-dispute arbitration clause. See Buckeye Check Cashing and Prima Paint. The decision offers no new law: it just reiterates and reaffirms fundamental principles of the Court’s FAA jurisprudence, including broad FAA preemption, separability, and the power of the arbitrators to decide the enforceability of contracts containing an arbitration clause.
Introduction In recent years, Germany has seen a significant increase in interest concerning out-of-court dispute resolution between companies. The Dispute Analysis & Investigations (DA&I) practice at PricewaterhouseCoopers and the European...
By Michael Hammes, Nicola NeuviansI will practice restraint of tongue and pen When my anger flashes, I will pause to remember that behind every accusation is a plea for help When in the midst...
By Victoria PynchonExecutive Summary Some degree of conflict in an organization is inevitable – even healthy. Yet, if not managed effectively, conflict saps vital resources in federal agencies, costing them millions of...
By CPR Institute CPR
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