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12 Mar 2012, 8:00 am by Ernest E. Badway
The 11th Circuit Court of Appeals recently vacated a FINRA arbitration panel arbitration award because the panel had failed to decide if the securities firm had waived its right to arbitration by engaging in litigation. [read post]
10 Jun 2021, 11:53 am by The Silber Law Firm LLC
Finding that no question existed as to the arbitrable nature of the legal fees, the lawsuit would be stayed while the arbitration progressed because “where ‘arbitrable and nonarbitrable claims are inextricably interwoven, the proper course is to stay judicial proceedings pending completion of the arbitration, particularly where . . . the determination of issues in arbitration may well dispose of nonarbitrable matters. [read post]
12 Sep 2018, 11:13 am by Mack Sperling
But what about that tricky question: who decides whether a matter should be arbitrated: Judge or Arbitrator? [read post]
16 Sep 2022, 3:09 pm by Emily Holland
Read moreCan Arbitration be Appealed? [read post]
Plaintiff argued that there was a broad equity carve-out from arbitration in the purchase agreement, which indicated that substantive arbitrability was an issue for the Court, not for the arbitrator. [read post]
6 Apr 2022, 7:24 am by ADR Times
Read moreConsumer Arbitration The post Consumer Arbitration appeared first on ADR Times. [read post]
29 Jan 2012, 2:18 pm
The court took the position that the arbitrator's authority to decide questions of arbitrability should not turn on whether the arbitration clause is narrow or broad. [read post]
29 Mar 2016, 9:01 am by David Wright
The district court found that the decision whether to conduct class arbitration was a threshold question for the arbitrator. [read post]
29 Jan 2021, 3:41 am by Mark Fotohabadi
 In contrast to mediation where the mediator facilitates negotiations between parties; in arbitration, the neutral arbitrator(s) has the authority to make a binding decision about the dispute. [read post]
20 Jul 2022, 3:30 am by Orit Gan
Continue reading "The Impact of Arbitration Clauses"The post The Impact of Arbitration Clauses appeared first on Jotwell. [read post]
25 Oct 2021, 7:02 am by ADR Times
Undoubtedly, most arbitration agreements call for a single arbitrator. [read post]
8 Mar 2014, 3:15 pm by Beth Graham
Disqualifying Counsel in Arbitral Proceedings, Arbitration International, 2014, Forthcoming. [read post]
15 Sep 2021, 6:23 am by ADR Times
The Texas Arbitration Act is the governing law over arbitrations occurring in Texas. [read post]
10 May 2021, 8:54 am by ADR Times
Read moreUNCITRAL Arbitration Rules The post UNCITRAL Arbitration Rules appeared first on ADR Times. [read post]
29 Aug 2022, 2:05 pm by Scott Van Soye
What does it mean to win in arbitration? [read post]
4 Apr 2018, 9:00 pm by clc-admin
But the issue still arises as to whether arbitral statutes, arbitral agreements and the rules of arbitral authorities allow a single notice arbitrate to be issued under several arbitration agreements, and if so, whether the arbitrator under that single notice to arbitrate may decide disputes under those multiple arbitration agreements. [read post]
12 Feb 2018, 6:20 am by Beth Graham
This Essay describes how Arbitrator Intelligence (AI) seeks to solve these problems by bringing data-driven analysis to arbitrator appointments. [read post]