Search for: "Arbitrator 3"
Results 561 - 580
of 25,858
Sorted by Relevance
|
Sort by Date
30 Apr 2010, 6:02 am
Supreme Court has barred class arbitration of a price-fixing claim in an opinion that scolded an arbitration panel for proceeding as if it had common-law authority.The Supreme Court ruled in a 5-3 opinion that class arbitration may not be imposed on parties who did not agree to it in their arbitration contracts, SCOTUSblog reports. [read post]
30 Jun 2023, 12:00 am
The single arbitrator would then be chosen from this short-list of 3, by the arbitral institution, using an independent fair, random, 3-way "coin-toss" type mechanism . [read post]
2 Mar 2017, 3:06 pm
No arbitrator or any other tribunal can issue a decree of discharge. [read post]
25 Nov 2015, 7:07 am
Ernst & Young, 744 F.3d 1072, 1075 n. 3 (Ct. [read post]
25 Jan 2010, 3:39 am
Vacating an arbitration awardMatter of Board of Educ. of Amityville Union Free School Dist. v Amityville Teacher's Assn., 2009 NY Slip Op 04230, Decided on May 26, 2009, Appellate Division, Second DepartmentComplaining that the arbitrator's award was “indefinite and nonfinal” when it directed that “sixth grade teachers assigned a sixth teaching period” shall be paid at the "negotiated sixth [read post]
Nappert: International Arbitration as a Tool of Global Governance: The Use (and Abuse) of Discretion
11 Jul 2017, 11:37 pm
This contribution explores the role and ambit of the exercise of arbitral discretion and its interplay with the governance function of arbitral tribunals as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them. [read post]
8 Jun 2022, 11:05 am
Then, nearly eight months after Morgan was filed, the defendant moved to stay the litigation and compel arbitration, pursuant to FAA sections 3 and 4. [read post]
16 Sep 2014, 7:45 am
In its demand, the company asked that a panel of three arbitrators determine that: (1) Halliburton’s overpayment claim for $256 million was discharged when KBR paid the notes it owed for settlement of the intercompany account; (2) Halliburton released its overpayment claim pursuant to the release provisions of the MSA; and (3) Halliburton’s overpayment claim is time-barred under the MSA’s limitations provision. [read post]
7 Oct 2019, 9:25 am
Under the new regulations, nursing homes could use arbitration clauses as long as 1.) it is clear that the resident knew what they were signing, 2.) the document does not discourage residents from reporting non-compliance, and 3.) the arbitrator named in the agreement is neutral and mutually convenient. [read post]
29 Mar 2018, 11:06 pm
" (amended portions)Insertion of Two provisos in Section 29A(4), after which Section 29A(4) would look like this:"(4) If the award is not made within the period specified in sub-section (1) or the extended period specified under sub-section (3), the mandate of the arbitrator(s) shall terminate unless the Court has, either prior to or after the expiry of the period so specified, extended the period: Provided that while extending the period under this sub-section, if… [read post]
26 Mar 2018, 8:57 pm
The Court of Appeals held in Brady that “the issue of a litigant’s financial ability is to be resolved on a case-by-case basis and that the inquiry should, at a minimum, consider the following questions: (1) whether the litigant can pay the arbitration fees and costs; (2) what is the expected cost differential between arbitration and litigation in court; and (3) whether the cost differential is so substantial as to deter the bringing of claims in the… [read post]
13 Sep 2013, 4:00 am
Significantly, the Appellate Division noted that “Where, as here, the obligation to arbitrate arises through statutory mandate [see Education Law 3020-a.3.a.] the arbitrator's determination is subject to closer judicial scrutiny than it would receive had the arbitration been conducted voluntarily. [read post]
22 Jun 2018, 1:34 pm
Goodman has three customer disputes in his career, with the most recent filed on April 3, 2018. [read post]
27 Jun 2018, 2:04 pm
"[44] A determination that the parties agreed to arbitrate arbitrability must be supported by evidence showing that the parties "clearly and unmistakably" intended to do so.[45] In such cases, so long as "the assertion of arbitrability" is not "wholly groundless,"[46] meaning that there is a "plausible argument[] that the dispute was covered by the [arbitration] agreement," the question of arbitration is to be… [read post]
18 Apr 2013, 6:18 am
We also conclude that Contract 3 amended the noncompete covenant in Contract 2. [read post]
9 Jun 2016, 6:30 am
Kristen Blankley, Assistant Professor of Law at the University of Nebraska College of Law, has published a thought-provoking paper entitled, “A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act,” George Mason Law Review, Vol. 23, No. 3, 2016. [read post]
27 Sep 2008, 12:38 am
Seniors Move Closer to Being Protected From One-Sided Mandatory Arbitration in Long-Term Care Seniors and their families who have been harmed by mandatory arbitration in nursing home contracts overcame another hurdle in the fight to seek justice from negligent nursing home corporations as the House Judiciary Committee set to pass the Fairness in Nursing Home Arbitration Act (H.R. 6126) this week. [read post]
4 Oct 2018, 4:29 pm
Cost of Arbitration Arbitration can be pretty expensive. [read post]
4 Oct 2018, 4:29 pm
Cost of Arbitration Arbitration can be pretty expensive. [read post]
31 Jul 2012, 3:00 am
The Circuit therefore went on the rule that, “since the parties mistakenly designated an arbitration forum that does not exist, the forum selection provision of the arbitration agreement is “null and void” under Article II(3)” of the New York Convention, which regulates the area. [read post]
