Search for: "Matulis Mediation | Arbitration"
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4 Jan 2011, 4:33 pm
The ICA held: (1) HRS § 658A-7 (2001) governing motions to compel arbitration does not allow for consolidation of arbitration where only one proceeding is pending - -in this case only UPW had a proceeding pending. (2) Compelling tripartite arbitration is not available at the request of a nonsignatory to the relevant arbitration agreement and in the wake of confirmed bipartite arbitration awards – UPW was not… [read post]
18 Jan 2021, 9:13 am
After the arbitration decision was given, the unit owner asked the court to grant leave to appeal the arbitration decision. [read post]
4 Aug 2018, 3:58 am
My law firm’s international arbitrators not so long ago secured a seven figure arbitration award in a CIETAC arbitration conducted in Chinese on behalf of an American company against a Chinese company. [read post]
9 Jun 2014, 7:00 am
CIGNA moved to compel arbitration. [read post]
7 Sep 2022, 9:44 am
Under First Options, an arbitrator decides arbitrability only if the arbitration agreement “clearly and unmistakably” shows that the parties intended to delegate arbitrability to the arbitrator. [read post]
7 Jan 2010, 4:37 am
Arbitration of contract grievance stayed upon finding that any remedy provided by the arbitrator would violate public policyMatter of New York State Correctional Officers & Police Benevolent Assn., Inc. v New York State Dept. of Civ. [read post]
6 Jun 2018, 5:16 am
One-on-one arbitration agreements are a way to prevent any liability for those employees.There are some downsides to arbitration. [read post]
16 Nov 2008, 6:13 pm
"The reality is that arbitration is a creature of contract - without the agreement of all parties to arbitrate, and their consent to have their dispute arbitrated, there can be no arbitration. [read post]
17 Sep 2011, 12:54 pm
Dan Ratner has an essay at SCOTUS about the impact of Pyett and the arbitration of employment discrimination claims in the context of a collective bargaining agreement. [read post]
22 Apr 2022, 6:00 am
The arbitrator did not issue a final award because of the agreement’s requirement that a Delaware court determines damages. [read post]
13 Jan 2011, 3:59 am
When personal injury arbitrations take place before a panel of three arbitrators, the method by which the arbitrators are chosen may be different. [read post]
24 Jul 2013, 5:31 am
The Eleventh Circuit has actually issued a ruling favorable to plaintiffs in an arbitration case. [read post]
5 Oct 2006, 12:27 pm
There's a lot to chew on in this recent Oregon Supreme Court case arising from a $2.6 million delay and disruption claim, and the basic proposition relied on by the Court is nothing new: arbitration clauses will be broadly applied... [read post]
Intra-EU Investment Arbitration: Frankfurt Court of Appeals Finds BIT-Based Arbitration Inadmissible
15 Feb 2021, 7:39 am
An Austrian and a Croatian bank commenced arbitral proceedings against the Republic of Croatia seeking damages on the basis of the 1999 Agreement between the Republic of Austria and the Republic of Croatia for the Promotion and Protection on Investments (BIT); … Continue reading → [read post]
27 Apr 2010, 1:59 pm
The question in Rent-a-Center is whether companies that draft forced arbitration clauses can delegate unconscionability challenges -- challenges by consumers and workers to the fairness of the arbitration clause itself -- to the arbitrator rather than the court. [read post]
16 Apr 2021, 8:19 am
During the first part of the webinar, a panel of international arbitration specialists will provide an overview of the U.S. legal system and the legal framework for international arbitration in the U.S. and the Americas. [read post]
27 Dec 2017, 7:48 am
Arbitration agreements, if valid, are generally enforceable. [read post]
15 Jul 2019, 1:24 pm
The Federal Arbitration Act (FAA) and California Arbitration Act (CAA) are similar in many aspects but they have differences that can sometimes lead to conflict. [read post]
29 Aug 2007, 9:36 am
Dresdner Kleinwort, decided August 7, 2007.Arbitral awards can be appealed under just a few legal theories, generally involving arbitrator misconduct, ir if the arbitrator exhibits a "manifest disregard of the law. [read post]
20 Mar 2013, 1:00 pm
”[15] When the employees of an arbitration provider follow protocols[16], the arbitration itself can reasonably be considered secure. [read post]
