Supreme Court Rules for DirectTV in Class Arbitration Case

The full text of DIRECTV, INC. v. IMBURGIA ET AL addresses whether a California choice of law clause chose California law on arbitral class waivers over federal law on them.

Commentary on the case by Georgetown Law professor Greg Klass says "all the opinion says is that when a state court is messing around with preempted state law, it should be really, really clear that it understands that in the end federal law always wins"

Increasing Legalism in International Commercial Arbitration

A new paper by University of Missouri Law Professor Stacy Strong discusses the causes of increasing legalism in international commercial arbitration and the attendant increase in the time and money costs of the process.  Possible causes of increased legalism include increased use of U.S. litigation tactics, changes to the nature of the underlying transactions, and changes in arbitration law  relating to non-signatories, regulatory concerns and choice of law.