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16 Apr 2009, 2:42 pm
Roman claimed that the arbitration clause violated Armendariz by (1) limiting her discovery, (2) abridging her right to seek relief from the Department of Fair Employment and Housing, and (3) forcing her to split the arbitration costs with Flo-Kem. [read post]
10 May 2022, 12:31 pm
While the Act is effective immediately to invalidate any pre-dispute arbitration agreements that have been agreed to prior to March 3, 2022, any sexual assault or sexual harassment claims that arose before March 3, 2022 may remain subject to existing pre-dispute arbitration agreements, and any completed arbitrations concerning sexual assault or sexual harassment claims remain valid. [read post]
21 Nov 2021, 6:32 am
American Electric Company, supra, at *3 (internal citations omitted). [read post]
28 Jun 2012, 7:40 am
A set of 3 arbitrators will circulate within the designated geographical zones with each arbitrator taking their turn at handling monthly hearings and motions with a return to the 90-day continuance cycles. [read post]
12 Mar 2013, 5:53 am
Section 3 of the Ontario Arbitration Act, 1991 says that “the parties to an arbitration agreement may agree, expressly or by implication, to vary or exclude any provision of this Act except” certain specific sections. [read post]
27 Apr 2017, 5:51 am
See CIETAC Arbitration: Different But Fair. [read post]
13 Mar 2009, 10:17 am
The Arbitration Fairness Act would give consumers a choice between arbitration and going to court regardless of contracts that purport to mandate arbitration. [read post]
12 Mar 2016, 8:23 am
In contrast with the bare decision is the Speaking or Reasoned Award[3]. [read post]
10 Sep 2021, 4:22 am
No. 18 at 3, 24). [read post]
14 Feb 2019, 10:02 am
” Justice Kavanaugh further rejected Archer’s argument that the court must always decide arbitrability because Section 3 and 4 of the FAA indicate that a court must be satisfied with arbitration. [read post]
21 Apr 2011, 7:49 am
The Court agreed with the statement that all questions concerning the ambiguity of arbitration clauses must be resolved by the arbitrator, but noted that whether or not a matter is to be compelled to arbitration is an issue for the court, not the arbitrator. [read post]
21 Jul 2015, 11:04 am
The American Arbitration Association (AAA) recently revised its Construction Industry Arbitration Rules and Mediation Procedures, effective July 1, 2015. [read post]
24 Dec 2020, 2:37 pm
The latest issue of Arbitration International (Vol. 36, no. 4, December 2020) is out. [read post]
29 Mar 2012, 8:30 am
The arbitrator ruled in favor of Knecht and ordered the return of her deposit on the basis of the following: (1) "both parties knew or should have known that financing could not be finalized in the ninety (90) day time limit"; (2) [Knecht] "used her reasonable best efforts, but failed to obtain a mortgage commitment" when the time came for closing; (3) market conditions had changed; and (4) both parties acted in good faith. [read post]
28 Jul 2008, 1:18 pm
Additionally, health care providers should be mindful to carefully draft arbitration agreements and establish proper procedures for presenting arbitration agreements to patients so that courts do not determine the arbitration agreements to be unenforceable.Ryan A. [read post]
18 Nov 2011, 4:32 am
Oct. 3, 2011). [read post]
3 Sep 2024, 6:30 am
(CAS Arbitration Rules for the Olympic Games, art. 7; Procedural Rules, R28.) 3. [read post]
21 Nov 2014, 12:00 am
This is why it is always a good idea to keep all versions of the employment agreements on file and have an attorney review the new version to make sure that the scope of the arbitration policy is clear. 3. [read post]
22 Nov 2016, 9:36 am
Following arbitral proceedings, Jenner & Block received a $3 million legal fees award. [read post]
3 Jul 2013, 7:27 am
Reed, Damages In International Arbitration: Less Is More, More or Less 2009 - Carla Powers Herron, Whose Arbitration Is It Anyway? [read post]
