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25 Alt. Disp. Resol. [i] (2020-2021)

handle is hein.aba/adr0025 and id is 1 raw text is: Fall 2020, Vol. 25, Issue 1 TABLE OF CONTENTS Articles n A Second Arbitration for Claims Already Denied? By Sheila J. Carpenter When a party asserted claim preclusion of reasserted claims that were based on a different methodology, a federal district court disagreed. New Jersey's Supreme Court Upholds Automatic Application of NJAA in the Event of an FAA Exemption By Kelly A. Ringston Arbitration agreements exempt under the Federal Arbitration Act remain subject to enforcement under the New Jersey Arbitration Act. Seventh Circuit Joins Second and Fifth in Holding No U.S. Discovery in Aid of International Commercial Arbitration By J. Joan Hon The ruling creates a minority view out of the Fourth and Sixth Circuits' opposite holding, further necessitating Supreme Court review of the issue. Arbitrator's Joke Not Grounds for Vacating Arbitration Award By Shira Forman The Southern District of New York refused to vacate an arbitration award for arbitrator partiality, holding that the arbitrator's remark about the defendant was a joke, not evidence of bias. Carefully Draft Your Arbitration Clause-You Just Might Get What It Says By A. Kelly Turner As courts generally apply the plain language of commercial arbitration clauses, lawyers should draft arbitration clauses, particularly bespoke ones, with care.