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Agreements

Are predispute binding arbitration clauses in nursing home contracts against personal injury or wrongful death claims per se unconscionable? The West ...

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Part 2: William Ury returns to discuss negotiating with difficult people . The co-author of Getting to Yes this week turns to practice pointers. Here’s what you need to do to get to your “Batna”—your “best alternative to a negotiated agreement.”

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A Texas state appellate court vacated a $22 million arbitration award against six appellants--including law firms in San Antonio and Plano, Texas, as well as individual attorney defendants--after finding that the arbitrator and the appellee’s counsel were more than just mere acquaintances.

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This article discusses the desirability of arbitrators’ to preserve the flexibility that characterizes international arbitration, but a minimum set of widely accepted guidelines is equally desirable, in order to preserve the predictability and attractiveness of arbitration.

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Will the Surpeme Court’s view that business may ban class arbitration lead to a wipeout of class actions generally?

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Associate Justice Stephen G. Breyer wrote in a dissent that today’s Supreme Court 5-4 opinion striking down the use of a California unconcionability law was a breach of basic federalism principles.

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