SCOTUS Asked to Weigh in on Whether 28 USC Section 1782 Provides for Discovery in Aid of Private, Foreign, Commercial Arbitration
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By George H. Friedman, SAA Publisher & Editor-in-Chief

As we’ve been speculating for quite some time, the Supreme Court is being asked to resolve a major split on whether 28 USC Section 1782 provides for discovery in aid of private,

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Contracts of Adhesion and Securities Arbitration: How FINRA Attempts to Mitigate Harm to Investors
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By Christian Mercado*

Introduction

The securities industry is an example of one attempting to mitigate equity concerns surrounding arbitration agreements contained in contracts of adhesion.

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SCOTUS Review Sought of Split Ninth Circuit Decision Holding that FAA Section 1 Carveout Does Not Require that Worker Have Moved Goods Across State Lines
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By George H. Friedman, SAA Publisher & Editor-in-Chief

As we’ve suggested every time we report on this issue, the Supreme Court is being asked to review whether FAA section 1 exempts from coverage only workers actually moving goods or people in interstate commerce.

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No Surprise Here: Arbitration Comes Up At Coney Barrett Confirmation Hearings
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By George H. Friedman, SAA Publisher & Editor-in-Chief

As we expected, arbitration came up at Judge Coney Barrett’s confirmation hearings. Also as expected,

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Based on a Very Limited Sampling, the Jury is Out on Judge Coney Barrett’s Arbitration Views, Although She Seems to Lean Pro-arbitration. And She Appears to Like FINRA Dispute Resolution
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By George H. Friedman, SAA Publisher and Editor-in-Chief

As expected, President Trump on September 26 nominated Judge Amy Coney Barrett of the Seventh Circuit to fill the open seat at the Supreme Court resulting from the passing of Justice Ruth Bader Ginsburg.

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