Fourth Circuit Considers Arbitration Waiver, Permitting Claims under Servicemembers Civil Relief Act (SCRA) to be Arbitrated

by Andrew Flake

A new Fourth Circuit opinion reminds us of the analysis required when parties arguing that federal statutory claims should be excluded from arbitration. In Espin v. Citibank, N.A., returning military personnel brought claims under the Servicemembers Civil Relief Act (SCRA), a statute providing credit-related...

Fourth Circuit Considers Arbitration Waiver, Permitting Claims under Servicemembers Civil Relief Act (SCRA) to be Arbitrated Continue reading…

The Skills of Civil Discourse: What Mediators Have to Share This Thanksgiving

by Andrew Flake

Earlier this month, I had the privilege of joining colleagues at Atlanta's Carter Center to moderate a program on "Peacekeeping and Conflict Resolution." Sponsored by our Atlanta International Arbitration Society, it featured a discussion by scholar Paul Root Wolpe, Ph.D., who has...

The Skills of Civil Discourse: What Mediators Have to Share This Thanksgiving Continue reading…

Georgia Court of Appeals Considers “Conduct-Based Waiver” of the Right to Arbitrate

by Andrew Flake

Clash of the forums: Two parties to a contract, an arbitration clause, and a dispute over the breadth of the clause. When the plaintiff files its complaint in court, intending to move forward with litigation, the defendant counters with a motion to compel arbitration.

Georgia Court of Appeals Considers “Conduct-Based Waiver” of the Right to Arbitrate Continue reading…