Via the Business Conflict Blog, we learned of the recent ABA Resolutions and Report with respect to the Arbitration Fairness Act of 2009 (for background, click here and here) and its implications to international commercial arbitration. This is the summary:
The American Bar Association should support the use of international commercial arbitration and legislation or regulation that recognizes and aids in the enforcement of international commercial arbitration agreements and awards, oppose the passage of any legislation or regulation that would discourage such arbitration, or that would invalidate pre-dispute arbitration agreements in international commercial transactions, or that would alter the current law as to the allocation of authority between the court and the arbitrators to determine the jurisdiction of the arbitral tribunal in international commercial disputes or that would alter the timing of such determinations, or that would protect discrete classes as an amendment to Chapter 1 of Title 9, i.e., the Federal Arbitration Act (“FAA”). The resolution and the report take no position as to the optimal treatment of disputes concerning consumers, employees, civil rights claims by individuals or purely domestic franchise disputes.
Read more here.
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arbitration, ADR, law, Arbitration Fairness Act of 2009
[...] American Bar Association’s Resolutions on the Arbitration Fairness Act of 2009 (Aug. 26) [...]
[...] A general sense seems to be emerging, among some at least, that arbitration may be going too far, and a legislative movement at the federal level has emerged that promotes the so-called Arbitration Fairness Act of 2009, which, if passed, would limit the use of binding arbitration in consumer, employment, franchise, and civil rights disputes. (Senate version: S. 931; Status. House version: H.R. 1020; Status) The American Bar Association (ABA) passed some resolutions with respect to the Arbitration Fairness Act as it relates to international commercial arbitration. (read more here) [...]