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22 Jan 2023, 4:00 pm
Hence, the validity of the arbitration agreement had to be addressed by the arbitrator and not the court. [read post]
6 Dec 2019, 8:31 am by Lebowitz & Mzhen
Generally, signed arbitration agreements are valid and enforceable, and a nursing home can compel arbitration if a resident or their family ever file a suit against them in court. [read post]
10 Nov 2022, 11:19 am by Eliana Baer
In determining whether to vacate an Agreement to Arbitrate, a Court must “consider the totality of circumstances to evaluate whether a party has waived the right to object to arbitration after the matter has been ordered to arbitration and arbitration is held. [read post]
24 Mar 2011, 4:08 am
Auth., 2011 NY Slip Op 02015, Appellate Division, Second DepartmentThe Appellate Division affirmed a Supreme Court decision confirming an arbitration award, noting that “An arbitration award rendered after a consensual arbitration may be vacated by a court only on the grounds set forth in CPLR 7511(b). [read post]
15 Jul 2024, 7:47 pm by Jacob Katz Cogan
In Counterclaims in Investment Arbitration, Edward Guntrip illustrates how host States can use counterclaim procedures in investment arbitration to hold foreign investors accountable for misconduct that breaches international law. [read post]
18 Apr 2012, 8:33 pm by WOLFGANG DEMINO
  On May 7, [2006], Fonseca filed an arbitration demand with the American Arbitration Association ("AAA"). [read post]
6 Jul 2020, 5:05 pm by Badrinath Srinivasan
"The paper concludes by putting forth the following points:"Arbitral institutions are the centrepiece of international arbitration and significant reforms in the area have emanated from them. [read post]
9 Jan 2015, 6:22 am by Joseph Mamounas and Jose M. Ferrer
This year’s conference explored ways to enhance predictability in Colombian arbitrations, and discussed some key issues that frequently arise throughout the process. [read post]
13 Oct 2014, 8:45 am by D Daniel Sokol
Greg Sidak (Criteroen Economics) has a new paper on Mandating Final-Offer Arbitration of FRAND Royalties for Standard-Essential Patents. [read post]
21 May 2010, 1:42 pm by Securites Lawprof
The SEC posted on its website FINRA's proposed rule change, to amend Rules 12403 and 12404 of the Code of Arbitration Procedure for Customer Disputes (“Customer Code”) and Rules 13403 and 13404 of the Code of Arbitration Procedure for Industry... [read post]
25 Jan 2012, 1:47 pm by Securites Lawprof
Registered representatives who participated in the bonus program had to sign a promissory note that prevented them from arbitrating... [read post]
23 Oct 2013, 1:21 pm by Patricia W. Moore
We first reported on the Delaware Coalition for Open Government's challenge to the statutorily-mandated confidentiality of court-sponsored arbitrations here, when the federal district court held that the First Amendment mandated public access to the arbitrations. [read post]
23 Sep 2016, 10:20 am by Adam Steinman
Today on the Courts Law section of JOTWELL is Allan Erbsen’s essay, Common Law in the Age of Arbitration. [read post]
1 Mar 2017, 5:16 am by Peter Bert
The ICC has introduced new rules for expedited proceedings that apply to all arbitration agreements entered into from March 1, 2017 onwards. [read post]
22 Jun 2022, 9:00 pm
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act was supposed to eliminate forced arbitration of cases involving sexual misconduct. [read post]