Search for: "Matulis Mediation | Arbitration"
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9 Aug 2007, 4:48 am
When an NASD arbitration panel denied a successful claimant's request for attorneys fees, a federal judge ordered the panel to do so.The second time around, the employer's firm argued to the arbitrators that since the plaintiff's attorney was being paid on a contingency, that the fee award should be capped at that contingency.I attempted to make the same argument to an arbitration panel many years ago, and my research found that such an argument was not… [read post]
8 Feb 2012, 5:00 am
While arbitrations are typically confidential, the main issue is whether, given the role of the Chancery Court, this is really an arbitration or a trial. [read post]
7 Feb 2019, 6:00 am
Following arbitral proceedings, an arbitrator issued a monetary award in favor of DeJesus. [read post]
21 Jul 2014, 8:00 am
They argued the arbitrators committed misconduct in granting a motion for judgment as a matter of law and that the arbitrators exceeded their power by ignoring Alabama precedent. [read post]
28 Jul 2018, 6:00 am
George Friedman, Adjunct Professor of Law at Fordham University School of Law, has published “SCOTUS Rules in Epic Systems: What It Means for Securities Arbitration,” Securities Arbitration Commentator, Vol. 2018, No. 3. [read post]
22 May 2018, 4:00 am
Employers countered that the Federal Arbitration Act expresses a strong preference for arbitration and makes clear that arbitration agreements are presumptively valid. [read post]
2 Nov 2017, 8:52 am
Rather, assuming that the arbitration provision provides for the applicability of rules of an arbitration service such as JAMS or the AAA, the issue of how to deal with an unavailable name arbitrator will be treated as an issue of “procedural arbitrability”, and a successor arbitrator can be selected by the particular arbitral forum or, if the Federal Arbitration Act applies, under some circumstances a court may name a… [read post]
13 Jun 2022, 11:07 am
Despite the parties’ agreement containing an arbitration provision, Sundance defended the suit without invoking its right to arbitrate, including by filing a motion to dismiss that the court subsequently denied, filing an answer with 14 affirmative defenses (none of which referenced a right to arbitrate) and pursuing an unsuccessful mediation. [read post]
25 Apr 2019, 5:23 pm
Varela, addressing the question of whether an ambiguous arbitration agreement can be read to compel class arbitration under the Federal Arbitration Act, 9 U.S.C. [read post]
27 Mar 2012, 11:34 am
The rules retain the confidentiality of the parties which is common to arbitration and which makes arbitration popular. [read post]
22 May 2012, 8:55 am
Madge is also not a signatory to the agreement entered on the eve of the second arbitration, granting the arbitrator broad authority to decide "any and all issues and/or disputes related to the above causes of action and any and all issues or disputes with regard to any mediation agreement and/or settlement agreement. [read post]
5 Jun 2009, 3:40 am
The Arbitration Fairness Act would eliminate pre-dispute arbitration agreements in consumer, franchise and employee matters. [read post]
30 Jul 2013, 1:52 pm
Here is the abstract: The Yearbook on Arbitration and Mediation’s 2013 Symposium focused on the role of the courts and judicial review in arbitration and mediation. [read post]
1 Mar 2021, 11:04 am
Initially used in the context of employment arbitration claims, such “mass arbitrations” are now also being pursued against consumer businesses. [read post]
13 Apr 2022, 2:00 am
Congress recently passed HR 4445, the Ending of Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which prohibits the enforcement of mandatory arbitration or joint class action waivers in cases of alleged sexual assault or sexual harassment. [read post]
13 Apr 2022, 2:00 am
Congress recently passed HR 4445, the Ending of Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which prohibits the enforcement of mandatory arbitration or joint class action waivers in cases of alleged sexual assault or sexual harassment. [read post]
4 Jul 2021, 8:00 am
Related Musings:I'm Adding Arbitration to my ADR ServicesAnatomy of a Construction Dispute- An AlternativeResolve to Mediate Your Construction Disputes in 2014Is Arbitration Always the Answer? [read post]
12 Feb 2022, 10:14 am
To enforce an arbitration agreement in Florida, a court must find that the party resisting arbitration entered into an arbitration agreement that is enforceable, and that the subject claims fall within the scope of the agreement. [read post]
23 Jun 2011, 9:25 am
Professor Jill Gross over at the ADR Blog has a post announcing that registration is open for PLI's program on Securities Arbitration, which she chairs. [read post]
22 Feb 2017, 1:25 pm
The International Court of Arbitration of the International Chamber of Commerce (ICC Court) announced important amendments to the ICC Rules of Arbitration (the "Rules") to increase the efficiency and transparency of ICC arbitrations. [read post]
