Search for: "Matulis Mediation | Arbitration"
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23 Mar 2009, 3:44 am
Contents include:Fraser Davidson, Some Thoughts on the Scottish Arbitration Code 2007David Altaras, Time Limits for Appealing Against or Challenging an Arbitral Award in England and WalesCher Seat Devey, Electronic Discovery/Disclosure: From Litigation to International Commercial ArbitrationCraig Metcalf, Resolution of Patent and Technology Disputes by Arbitration and Mediation: A View from the United StatesDavid Cornes, Mediation Privilege and the EU… [read post]
14 Oct 2014, 8:34 am
The Law provides for the rules governing the formation and validity of arbitration agreements, arbitrability of legal disputes, composition of the arbitral tribunal, arbitral proceedings, and enforcement of an arbitral award. [read post]
26 Feb 2010, 6:15 am
Some domestic jurisdictions have stipulated that judges may require either arbitration or mediation of certain disputes as a first step toward resolution, familiy law (particularly child custody) being a prime example. [read post]
13 Dec 2011, 3:35 am
Nov. 16, 2011) the Indiana Court of Appeals held that when the parties to an arbitration agreement select a specific arbitrator, and that arbitrator is no longer available, the arbitration agreement is null and void on grounds of impossibility. [read post]
24 May 2024, 5:54 am
Supreme Court Holds That Judges, And Not Arbitrators, Must Decide Whether Contracting Parties Agreed To Delegate Arbitrability Issues To An Arbitrator" [read post]
10 Nov 2020, 5:43 am
” Arbitral courts mimic arbitration’s traditional features. [read post]
14 Aug 2012, 7:32 am
Pritchard have posted a paper on SSRN entitled “The Influence of Arbitrator Background and Representation on Arbitration Outcomes. [read post]
1 Nov 2018, 3:59 am
The Supreme Court of Missouri recently affirmed the denial of a lender’s motion to compel arbitration of a consumer’s putative class claims because the arbitration provision at issue designated the use of a specific arbitrator which was no longer available to handle creditor claims. [read post]
19 Oct 2020, 2:00 am
Schmitz (University of Missouri), Arbitration in the Age of Covid: Examining Arbitration's Move Online, Cardoza J. [read post]
25 Jun 2021, 7:39 am
The premise that underlies the justification for the loss of rights in arbitration is simple: both parties knowingly agreed to binding arbitration. [read post]
11 Mar 2015, 11:16 am
The premise that underlies the justification for the loss of rights in arbitration is simple: both parties knowingly agreed to binding arbitration. [read post]
20 Apr 2023, 9:08 am
Courts have addressed pathological arbitration clauses with a set of tools, mainly with the intent of enforcing arbitration clauses, known popularly in arbitration parlance as pro-arbitration approach. [read post]
21 Jan 2008, 7:02 am
In a recent decision, the Sixth Circuit considered the scope a mandatory arbitration clause in a software license agreement, and specifically whether the clause mandated arbitration of certain copyright infringement and other claims arguably related to the agreement. [read post]
14 Jul 2014, 8:00 am
Defendants then moved to compel arbitration based an arbitration agreement in the (unsigned) Operating Agreement. [read post]
14 Mar 2019, 9:04 am
The Trend: Mandatory Arbitration As an employee, you might be aware of the “arbitration agreement” that you signed with your employer upon your hiring. [read post]
20 Jul 2011, 6:14 am
Access MJ Antony's piece in Business Standard on the latest judgements of the Indian Supreme Court on arbitration from this link. [read post]
1 Dec 2017, 4:00 am
"Article 75 of the CPLR provides that an arbitration award may be vacated if the court finds that the rights of a party were prejudiced by (1) corruption, fraud, or misconduct in procuring the award; (2) partiality of an arbitrator; (3) the arbitrator exceeded his or her power; or (4) the arbitrator failed to follow the procedures mandated by Article 75. [read post]
1 Dec 2017, 4:00 am
"Article 75 of the CPLR provides that an arbitration award may be vacated if the court finds that the rights of a party were prejudiced by (1) corruption, fraud, or misconduct in procuring the award; (2) partiality of an arbitrator; (3) the arbitrator exceeded his or her power; or (4) the arbitrator failed to follow the procedures mandated by Article 75. [read post]
26 Nov 2012, 5:39 am
Arbitrator must decide fired cop's fate. [read post]
15 Oct 2014, 6:22 pm
A strong presumption in favor of arbitration attaches "only after the party seeking to compel arbitration proves that a valid arbitration agreement exists. [read post]
