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24 Mar 2013, 7:14 am
LMS is deeply concerned that this proposed arbitration regime will create strong potential for infringement of a party’s right to a fair trial, a fundamental human right, as victims will be pressured into pursuing arbitration rather than court proceedings by potentially being penalised in costs if they refuse to arbitrate. [read post]
12 Oct 2017, 3:24 pm
As a sports fan and a fan of arbitration, I have followed with interest the ongoing battles between the NFLPA and the NFL over the consequences of their unusual arbitration process. [read post]
30 Jun 2017, 11:18 am
In securities arbitration, despite pressure from investor advocates to add transparency to the FINRA forum by requiring arbitrators to issue explained awards, FINRA’s current rule requires a panel to include an explanation in an award only upon a joint request from … Continue reading FINRA Arbitrator Writes Explained Award To Create Precedent → [read post]
30 May 2010, 7:03 pm
The SEC has published for public comment a proposed FINRA rule change to the process for selecting arbitrators in FINRA Dispute Resolution arbitrations. [read post]
26 Apr 2016, 1:38 pm
The majority emphasized the importance of deferring to the arbitrator’s decision and that the arbitrator has broad discretion on both the substance of the decision … Continue reading Brady Arbitration Decision Upheld in Second Circuit → [read post]
31 Aug 2021, 3:00 am
It has led me to warn that arbitration is not appraisal when the policy contains an arbitration clause.1 I recently wrote about a very serious trend regarding arbitration clauses found in an increasing number of insurance policies in Public Adjusters Beware of... [read post]
14 Jan 2011, 4:38 pm
, C.A. 5049-CC (January 11, 2011) Arbitration between insurance companies is different. [read post]
29 Apr 2009, 1:56 pm
In arbitration, [...] [read post]
6 Feb 2008, 11:36 am
See Arbitration’s Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts (draft December 18, 2007). [read post]
5 May 2009, 11:53 am
Last week, during the April 29 observance of “Arbitration Fairness Day,” Senator Russell Feingold introduced into the Senate the Arbitration Fairness Act of 2009 (s. 931). [read post]
9 Oct 2009, 10:57 am
Rather than being forced to select at least one industry arbitrator on all three-arbitrator panels, FINRA gave investors the right, in essence, to strike [...] [read post]
30 Jun 2017, 11:18 am
In securities arbitration, despite pressure from investor advocates to add transparency to the FINRA forum by requiring arbitrators to issue explained awards, FINRA’s current rule requires a panel to include an explanation in an award only upon a joint request from … Continue reading FINRA Arbitrator Writes Explained Award To Create Precedent → [read post]
23 Jan 2024, 10:34 am
If sophisticated parties want to settle their disputes through arbitration, mediation, or a OUIJA board, nobody’s going to lose much sleep over their decision to do so. [read post]
18 Feb 2016, 5:00 am
HTG did not dispute that the arbitration agreement was valid or that CBOT rules required arbitration of the claims. [read post]
26 Jan 2016, 7:34 am
Issue No. 4: Under the FAA, is a personal injury plaintiff who loses a binding arbitration entitled to pursue carte blanche discovery from the arbitrator and Petitioners’ Counsel simply because the plaintiff alleges the arbitrator is evidently partial? [read post]
8 Jan 2010, 11:00 am
In third quarter '09, this blog reported an Eighth Circuit decision holding that a business that did not enter into an arbitration agreement could not compel arbitration based on an arbitration clause to which it was not a party. [read post]
24 Apr 2019, 9:38 am
The majority opinion, authored by Chief Justice Roberts and joined by Justices Thomas, Alito, Gorsuch, and Kavanaugh, addresses whether the Federal Arbitration Act (FAA) bars an... [read post]
30 Jun 2012, 9:00 pm
Arbitration between Albany Police Supervisor's Assn. and the City of Albany, 2012 NY Slip Op 03704, Appellate Division, Third Department The Appellate Division affirmed a ruling by Supreme Court denying the Albany Police Supervisor’s Association’s CPLR Article 75 application to... [read post]
28 Oct 2010, 6:27 am
The circuit court compelled arbitration and Defendant appealed. [read post]
28 May 2024, 6:45 am
The following month, Warner received a pre-arbitration notice of dispute in which Keller Postman said it represented Marker. [read post]
