Search for: "Matulis Mediation | Arbitration"
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21 Jun 2013, 7:45 am
American Express’s arbitration agreement with merchants contained a class arbitration waiver. [read post]
8 Oct 2014, 10:42 am
” At the same time, many arbitral forums such as the American Arbitration Association have recently revised their rules in an effort to limit discovery and further streamline the arbitration process. [read post]
21 Jul 2011, 11:00 am
The arbitration agreement did not make any mention of a class arbitration, but the arbitrator found that a class arbitration was permissible, construing the contract against the employer because the employer drafted the contract and the arbitrator found it to be a contract of adhesion. [read post]
1 Nov 2010, 2:36 pm
This loan agreement contained an arbitration clause. [read post]
11 Apr 2012, 1:16 am
Any decision can be enforced in court if necessary.As is the case with mediation and collaborative law, the divorcing couple must be willing to enter into the process. [read post]
19 Nov 2019, 6:31 am
A general rule in arbitration cases is that courts do not like to second-guess arbitrator judgments and rulings. [read post]
31 Dec 2023, 10:44 am
The Federal Arbitration Act (commonly referred to as the “FAA”) sets forth the requirements for arbitration and rules for judicial review and confirmation of an arbitration decision. [read post]
28 Oct 2020, 3:59 pm
For residents that agree to arbitration as part of their admission paperwork, arbitration agreements can be difficult to get out of—in part because the Maryland Uniform Arbitration Act provides that arbitration agreements are favored. [read post]
19 Jul 2016, 8:07 am
Paul Bennett Marrow, Adjunct Professor at New York Law School, Member of the Commercial Panel for the American Arbitration Association, ADR Systems, Public Member of the FINRA Panel of Neutrals, and Fellow at the Chartered Institute of Arbitrators in London, England, has published “Are Rules Allowing Arbitral Sanctions a Mirage? [read post]
1 Apr 2023, 9:15 am
A typical arbitration agreement specifies arbitrable matters, arbitration institution, place of arbitration, and arbitration rules. [read post]
1 Apr 2023, 9:15 am
A typical arbitration agreement specifies arbitrable matters, arbitration institution, place of arbitration, and arbitration rules. [read post]
3 May 2011, 11:34 am
There is no independent duty on the arbitrator in the absence of an arbitration agreement. [read post]
10 Apr 2014, 6:27 am
Next, the appellate court found, …there is clear and unmistakable evidence that the parties to the Provider Agreement agreed to arbitrate arbitrability, and so we conclude that whether the Plaintiffs’ claims are subject to arbitration must be decided in the first instance by the arbitrator, not a court. [read post]
2 Jul 2013, 9:24 am
In my view, the parties, or their legal representatives, should ask themselves when they formulate the “arbitration clause” in their agreements, “Should we first require our clients to submit to mediation before triggering an arbitration where an arbitral dispute arises”? [read post]
29 Dec 2017, 12:11 pm
American Arbitration Association, Inc., 2017 WL 6569571, No. 16-55573 (9th Cir. [read post]
7 Aug 2014, 10:00 am
Court of Appeals for the Third Circuit ruled last week that courts, not arbitrators, should determine whether an agreement between two parties to arbitrate employment disputes allows for classwide arbitration. [read post]
25 Jul 2018, 4:00 am
Claim that the arbitrator exceeded a limitation in the collective bargaining agreement held to be, in fact, a challenge to the arbitrator's interpretation of the agreement Matter of Lift Line, Inc. [read post]
FLORIDA ARBITRATION LAW: WHEN CAN THIRD PARTY BENEFICIARIES TO A CONTRACT BE COMPELLED TO ARBITRATE?
7 Apr 2019, 4:23 am
Doubts concerning the scope of an arbitration agreement should be resolved in favor of arbitration. [read post]
18 Sep 2014, 8:38 am
On September 1st, new American Arbitration Association (AAA) Consumer Arbitration Rules went into effect. [read post]
20 Jan 2015, 2:15 pm
Goldman Sachs sought to arbitrate the claims, pursuant to a Cash Account Agreement that contained an arbitration clause. [read post]