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27 Alt. Disp. Resol. [i] (2022-2023)

handle is hein.aba/adr0027 and id is 1 raw text is: 










Fall 2022, Vol. 27, Issue 1


TABLE OF  CONTENTS

Articles a
SCOTUS   to Resolve Circuit Split over Litigation Stays Pending Appeals of Arbitrability
By Brian S. Harvey
Does  the appeal of a denial of a motion to compel arbitration oust the district court of
jurisdiction to proceed while the appeal is pending?

Opinions  Raise Questions About Severability and Delegation
By Robert E. Bartkus
A  comparison of recent appellate decisions applying the delegation doctrine where multiple
documents   bore on the issue, focusing on the Third Circuit and the New Jersey Appellate
Division.

Are  You Prepared for a Successful Mediation?
By Kelly Overstreet Johnson
Some   suggestions from a mediator about preparing for mediation.

California's Private Attorneys General Act: Beyond FAA Preemption
By P. Jean Baker
The  California Supreme Court may countermand the U.S. Supreme Court's recent
interpretation of PAGA requiring dismissal of non-individual PAGA claims while individual
PAGA   claims are arbitrated.

Practice Points n
Does  the Arbitrator Decide Arbitrability?
By Benjamin Dockery
Reference  to the California Code of Civil Procedure delegates arbitrability to the arbitrator in
international commercial disputes.

State  or Federal-Which  Arbitration Act Governs an Agreement?
By Vincent Olmos
Federal  court holds that a general choice of law provision does not displace the FAA in favor
of  state law.