Sharpening the Tools in Your Mediation Toolkit
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ADR, Arbitration and Mediation in Chapter 11
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Retention of Jurisdiction Beats Out an Arbitration Agreement, Third Circuit Says
Court retains adjudicatory power unless the arbitration agreement applies to all disputes.
Court:
‘Cert’ Petition Wants Discharge Violations to Be Arbitrated
Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.
Court:
Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations
Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.
Benchnotes June 2018
Journal Issue: