Arbitration and Mediation

The firm’s Arbitration and Mediation attorneys advise clients in connection with every aspect of arbitration, mediation, and other alternatives to traditional litigation.  We handle substantial matters before a variety of domestic and international arbitration platforms, including the AAA, FINRA, ICC, JAMS, and UNCITRAL. We recognize that arbitration and mediation matters require a different approach from traditional litigation, and we guide our clients through the process in a cost-efficient and streamlined manner.

In addition to the advocacy done by our litigators, our corporate attorneys regularly advise clients on and negotiate arbitration clauses in prospective transactions.  We provide advice on clauses relating to every aspect of arbitration, including forum choice, pre-dispute resolution negotiation and mediation, and arbitration rule selection and modification.

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Represented a major U.S. broker-dealer in connection with a series of FINRA arbitration proceedings arising out of the sale of auction rate securities and the subsequent collapse of the auction rate securities market, including winning take-nothing awards in multiple cases involving claims totaling more than $260 million.

Represented Korean company in technology license dispute under ICC Arbitration Rules.

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The U.S. Supreme Court recently ruled that courts can't overturn a class arbitration waiver simply because it would cost plaintiffs more to arbitrate the claim than they could possibly recover. Gresser explains, “The other shoe has dropped…The lesson of Justice Scalia's majority opinion in American Express is that class action waivers will be enforced even when the arbitration clause is not customer friendly and the individual plaintiff's cost of arbitrating a claim is certain to exceed the potential recovery."

The U.S. Supreme Court recently ruled that courts cannot second-guess an arbitrator's interpretation of a contract, backing an arbitrator's ruling that a doctor's pursuit of class arbitration against insurer Oxford Health Plans LLC was permitted. Gresser explains why the unanimous ruling is significant noting, “The critical question in Oxford v. Sutter — whether, after Stolt-Nielsen, ... the class action procedure is available in arbitration — was answered in the affirmative."

It is rare these days for a court to deny a motion to compel arbitration, especially where the parties are subject to an arbitration agreement. However, using the fundamental principle “arbitration is a matter of contract,” the Court in Zeltser v. Merrill Lynch & Co. did just that. 

Recent arbitration cases, including the “game changer” AT&T Mobility LLC v. Concepcion, suggest new ways a defendant should proceed if the right to arbitrate is at all unclear. Perhaps most import, a defendant should think long and hard about expressly disclaiming the right to arbitrate any claims, even if it seems momentarily advantageous.

This alert examines how counsel for non-party individuals or entities subject to arbitration subpoenas can protect their clients.

A memorandum from in-house counsel advising company employees on how to maintain the attorney-client privilege over their communications with the company’s attorneys, and further explaining the nature of counsel’s relationship with the company and its employees.

This document includes an integrated note with important explanations and drafting tips for creating a letter from a company notifying a potential defendant of its intent to file a lawsuit.

This presentation offered a broad overview of mediation, including the benefits of mediation, the mediation process, and mediation strategies.   Participants learned practical tips that they can apply before, during, and after a mediation session to improve their chances of reaching a mutually agreeable solution to seemingly intractable disputes.

Shearman & Sterling’s Annual International Arbitration Day

Shearman & Sterling’s Annual International Arbitration Day, November 2013