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18 Dec 2013, 8:58 am by Beth Graham
    Related posts:ND Texas Compels Would-Be FLSA Class Action to Arbitration N.D. of Texas Lifts TRO Enjoining FINRA Arbitrations [read post]
1 Jun 2016, 12:44 pm by Beth Graham
Because that arbitration clause did not specify a forum, the district court ordered arbitration within the Southern District of Texas. [read post]
9 Apr 2009, 1:48 am
If a defendant is sued and conducts merits discovery before moving to compel arbitration, has the defendant waived any right to arbitrate? [read post]
10 Oct 2006, 7:08 am
In this decision, the Fourth District reminds us that attorney's fees are a matter for the court in an arbitration case unless the parties have expressly referred that issue to the arbitrator. [read post]
17 Oct 2006, 5:57 am
This arbitration decision from the Fourth District distinguishes between determining who prevailed in an arbitration and awarding attorney's fees to the prevailing party. [read post]
31 Mar 2012, 7:31 am by PaulKostro
NOTICE: New Blog Posts dealing with Arbitration are being posted in my Conflict Management Advocate blog. [read post]
16 Aug 2012, 5:00 am by Kimberly A. Kralowec
Petitions for review have been filed with the California Supreme Court in two cases involving class arbitration and Concepcion: Iskanian v. [read post]
1 Apr 2024, 5:30 am by Stoltmann Law
The post Reg BI Client Claims Double In 2023 As FINRA Arbitrations Jump 12% appeared first on Stoltmann Law. [read post]
10 Feb 2010, 3:40 am
Based upon her disciplinary history, the arbitrator determined that termination was the appropriate penalty.Kowaleski filed a petition pursuant to CPLR Article 75 seeking to vacate the arbitration award on various grounds. [read post]
7 Apr 2009, 4:57 am
Based upon her disciplinary history, the arbitrator determined that termination was the appropriate penalty.Kowaleski filed a petition pursuant to CPLR Article 75 seeking to vacate the arbitration award on various grounds. [read post]
15 Dec 2015, 6:31 am
 The contract stated that the arbitration clause was unenforceable if the “law of your state” made class-arbitration waivers unenforceable.Surprise! [read post]
20 Nov 2006, 10:56 am
Paxson is (was) an arbitrator with the American Arbitration Association, the largest non-profit arbitration firms in the country. [read post]
12 Nov 2013, 12:38 pm
Arbitration Can be Expensive While typically touted as a cheaper alternative to trial, in reality, arbitration can easily wind up costing more. [read post]
10 Jun 2019, 6:00 am by Beth Graham
Here, the delegation provision indicated that any arbitration would be governed by the American Arbitration Association (“AAA”) rules, which provide that “[t]he arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. [read post]
29 Dec 2017, 5:04 pm by John Lande
  The only thing that I would add would be a reminder about Frederic Eisemann’s article on Pathological Arbitration Clauses (La Clause d’arbitrage pathologique, Commercial Arbitration Essays in Memoriam Eugenio … Continue reading Ben Davis:  Fun with Technology, Arbitration Clauses and a Mock International Commercial Arbitration → [read post]
19 Jun 2007, 9:37 am
May 29, 2007), the district court concluded that because the arbitration agreement was silent as to the issue of class action arbitration, the arbitrator (not the court) must resolve the issue of whether the arbitration agreement nevertheless permits class action arbitration. [read post]
1 Dec 2022, 8:06 am by Mark J. Levin
”  By contrast, arbitrating bellwether cases ensures merits-based resolutions of mass arbitrations, preserving the benefits of arbitration for all parties, and is more likely to lead to a global settlement of all of the claims. [read post]
6 Nov 2015, 4:00 am by Barbara S. Mishkin
”  It asserts that “a fair appraisal of arbitration’s procedures show that it is much friendlier to consumers than our complex and slow-moving court system” and notes that the authors ignored the “consumer arbitration rules used by the most well-known arbitration administrator, the AAA, which provide numerous safeguards for consumers, such as strict standards to protect against arbitrator bias and providing that the… [read post]