As is well known, civil litigation in the U.S. can be expensive, time-consuming and burdensome. Despite these obvious drawbacks, countless insurance disputes wind up in litigation, imposing costs and burdens on policyholders, claimants, and insurers. Alternative dispute resolution (ADR) mechanisms – such as arbitration, mediation, settlement conferences, and appraisal – allow the parties to insurance disputes to avoid the expense and burdens of trying to address a dispute in court. A new book published by the American Bar Association entitled “Resolving Insurance Claims Disputes Before Trial” (here) seeks to provide a practical guide to the ADR mechanisms. As discussed below, this book provides valuable guidance for attorneys, claims adjusters, and others involved in the insurance claim process.
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Guest Post: Arbitration in India – Is it Now Feasible?
In keeping with my goal of presenting important topics concerning jurisdictions outside the United States, I am pleased to present this guest post by Sakate Khaitan of Khaitan Legal Associates about recent legislative changes in Indian that will impact the availability of arbitration procedures in that country. I would like to thank Sakate for his willingness to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Sakate’s guest post.
Continue Reading Guest Post: Arbitration in India – Is it Now Feasible?
More About Arbitration Clauses in Corporate By-Laws
In a recent post about the latest U.S. Supreme Court decision supporting arbitration, I speculated that the next step might be arbitration clauses in corporate bylaws, requiring shareholders to arbitrate shareholder claims. In response to my post, several readers alerted me that these issues had already been raised in a case involving CommonWealth REIT, though
Arbitration: Coming Soon to a Transaction Near You?
In the latest of a series of decisions dealing with the enforceability of arbitration agreements, the U.S. Supreme Court in its 2011 decision in the AT&T Mobility LLC v Concepcion case held that the Federal Arbitration Act preempts state laws that refuse to enforce class action waivers in consumer arbitration agreements as unconscionable or against