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21 Jul 2011, 11:00 am
Id. at *40 n.3. [read post]
25 Jul 2011, 5:45 am
In mid-2010, the court heard Adams’ motion to compel arbitration and denied it on the bases that (1) there was no agreement to arbitrate the dispute before the court, (2) Adams waived any right he may have had to arbitrate the claims in this case by substantially invoking the judicial process ‘to the clear detriment and prejudice of the plaintiffs,’ and (3) the arbitration demanded by Adams would not provide StaxxRing and Langford… [read post]
31 Dec 2023, 10:44 am
Section 10(a), there are four statutory grounds to vacate (i.e., overturn) an arbitration decision: (1) where the award was procured by corruption, fraud, or undue means; (2) where there was evident partiality or corruption in the arbitrators, or either of them; (3) where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any… [read post]
25 Apr 2011, 4:29 am
Point 3 is particularly significant as it allows the appointing authority to impose the penalty determined by the arbitrator while the decision is being challenged. [read post]
10 May 2012, 6:48 pm
Siegel v Landy, 2012 NY Slip Op 03625 (2d Dept. 2012) There is a right to be able to present evidence at an arbitration… “However, as the plaintiff correctly contends, the arbitration award, as modified, *3 should have been vacated on the ground that the arbitrator failed to follow the procedures set forth in CPLR article 75 [...] [read post]
13 Jul 2011, 4:30 pm
Congress on January 3, 2011. [read post]
20 Apr 2013, 3:02 pm
It stated that “any matter not agreed to within three (3) months of the Effective Date [of the bylaw] may, at the request of the Region or a lower-level municipality, be determined by arbitration under the provisions of the Ontario Arbitration Act. [read post]
FLORIDA ARBITRATION LAW: WHEN CAN THIRD PARTY BENEFICIARIES TO A CONTRACT BE COMPELLED TO ARBITRATE?
7 Apr 2019, 4:23 am
Florida courts examine the following three factors when determining whether to compel arbitration: (1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived. [read post]
30 Oct 2019, 6:00 am
Brian Farkas, Adjunct Professor of Law at Cardozo School of Law, has published, “Contracting Jurisdiction: Arbitration of Noncompetition Disputes in Employment Agreements,” New York University Journal of Law and Business, Vol. 15, No. 3, 2019. [read post]
26 Sep 2017, 6:25 am
Shah’s motion and appointed Arbitrator # 3. [read post]
26 Sep 2017, 6:25 am
Shah’s motion and appointed Arbitrator # 3. [read post]
24 May 2022, 1:31 pm
At issue is whether the defendant waived its right to insist on arbitration by engaging in litigation before seeking a stay under section 3... [read post]
3 Mar 2011, 5:15 am
An arbitration award must be upheld when the arbitrator offer[s] even a barely colorable justification for the outcome reached.3. [read post]
18 Dec 2013, 3:25 am
Lawyers in Tennessee see more and more arbitration clauses in contracts and thus more and more people trying to avoid these provisions by arguing that the provision was waived or invalid because the contract requiring arbitration was a contract of adhesion. [read post]
8 Dec 2010, 6:00 am
The Notice of Arbitration may now be transmitted electronically; arguments that address sufficiency of notice will no longer hinder the constitution of the tribunal (Articles 2 & 3). [read post]
12 May 2013, 7:34 am
Guideline Memorandum Concerning Deferral to Arbitral Awards and Grievance Settlements in Section 8(a)(1) and (3) cases. [read post]
10 Mar 2016, 6:00 am
"The party asserting FAA preemption bears the burden to present evidence establishing a contract with the arbitration provision affects" (1) the channels of interstate commerce, (2) the instrumentalities of interstate commerce and persons or things in interstate commerce, or (3) those activities having a substantial relation to interstate commerce. [read post]
7 Apr 2011, 6:00 am
Technorati Tags: ADR, law, arbitration [read post]
24 Feb 2011, 2:55 am
CSEA demanded that the second grievance be submitted to arbitration. [read post]
17 May 2013, 7:14 am
Nappert, 3 Verulam Buildings * Proving Corruption in International Arbitration: A Balanced Standard for the Real World by C. [read post]
