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26 Aug 2010, 2:40 pm by Securites Lawprof
Since July 2010, FINRA arbitrators have ordered brokerage units of Raymond James Financial to buy back from customers auction rate securities (ARSs) totalling $3.5 million (3 separate proceedings). [read post]
16 May 2018, 7:07 am by Stacey Lantagne
.: 3-17-cv-01111-BEN-JMA (behind paywall), found an arbitration clause in an employment contract unenforceable because it contained a concerted action waiver. [read post]
28 Mar 2011, 5:18 am
Vacating an arbitration award Westchester County v CSEA Local 869, 270 AD2d 348, leave to appeal denied, 95 NY2d 755It is unusual for an arbitration award to be vacated by a court, given the limited reasons for vacating such an award set out in Article 75 of the Civil Practice Law and Rules.However, the Appellate Division, Second Department found justification for doing just that after an arbitrator reinstated a union member to his former position after he had been… [read post]
1 Feb 2012, 10:02 am
In 3 cases investors named eight or more non-public arbitrators as possible choices for the panel. [read post]
11 Jul 2013, 4:20 am
Vacating an arbitration award 2013 NY Slip Op 50666(U), Supreme Court, Part-orange County, Judge Catherine M. [read post]
17 Dec 2009, 3:58 am
The arbitrator should determine if the issue raised in a demand for arbitration is subject to arbitration under the terms of the bargaining agreementMatter of Town of Cheektowaga v Cheektowaga Police Club, Inc., 59 AD3d 993The Cheektowaga Police Club, representing police officers below the rank of lieutenant, filed a demand for arbitration to challenge Cheektowaga’s decision to promote one [read post]
12 Feb 2010, 10:29 am by Diana L. Skaggs
Distressed that arbitration is not a viable alternative to spouses who cannot afford to pay an arbitrator and holding that the approval of the arbitration process by a family court constitutes an improper delegation of its constitutional responsibility, the Kentucky Court of Appeals recently barred arbitration in divorce cases. [read post]
5 Dec 2017, 11:40 am by Lorelie S. Masters and Paul T. Moura
After the Award is issued, a party may within 28 days commence court proceedings to challenge all or part of it.3 Nonetheless, challenges to awards in England-based arbitrations are exceedingly difficult. [read post]
27 Mar 2013, 12:02 pm
The latest issue of Mealey's International Arbitration Report (Vol. 28, no. 3, March 2013) is out. [read post]
20 Aug 2023, 7:40 am by David Adelstein
If you don’t want to arbitrate, don’t agree to an arbitration provision as the means to resolve your dispute. [read post]
15 Jul 2016, 4:00 am by The Public Employment Law Press
The appointing authority filed disciplinary charges against Doser alleging: (1) Driving while intoxicated in violation of Vehicle and Traffic Law §1192(3); (2) Aggravated DWI with a blood alcohol content of .18 percent or greater in violation of Vehicle and Traffic Law §1192(2-a)(a); (3) Aggravated DWI with a child in the car in violation of Vehicle and Traffic Law §1192(2-a)(b); (4) Endangering the welfare of a child in violation of Penal Law §260.10(1); and… [read post]
14 Feb 2017, 6:06 am
Here's the abstract: Arbitral Awards as Investments analyzes the treatment of arbitral awards as investments within international investment law. [read post]
27 May 2014, 9:45 am
Timothy Martin, Arbitration in the Kingdom of Saudi Arabia [read post]
29 Apr 2015, 12:46 am
The latest issue of Arbitration International (Vol. 31, no. 1, 2015) is out. [read post]
1 Mar 2015, 2:13 pm by Mark Astarita
From there, the argument assumes that those arbitrators will violate their duty, their obligations, and their oaths, and rule in favor of the brokerage firm involved in the dispute.This argument is on its face outrageous, and an affront to the thousands of arbitrators who serve on arbitration panels. [read post]
23 Apr 2024, 2:46 pm by Ronald Mann
Section 3 of the FAA says that if the court refers the case to arbitration, it “shall on application of one of the parties stay the trial of the action until such arbitration has been had. [read post]
6 Sep 2012, 6:30 am by Victoria VanBuren
§ 5 authorizes courts to intervene in three situations: “(1) if the arbitration agreement does not provide a method for selecting arbitrators; (2) if the arbitration agreement provides a method for selecting arbitrators but any party to the agreement has failed to follow that method; or (3) if there is a lapse in the naming of an arbitrator or arbitrators. [read post]
9 May 2016, 4:00 pm by Mark Astarita
A summary of the arbitration rule proposals, as approved by the Board:Chairperson Eligibility in ArbitrationThe Board authorized filing with the SEC proposed amendments to Rules 12400 and 13400 (Neutral List Selection System and Arbitrator Rosters) to revise the arbitration forum chairperson eligibility requirements. [read post]