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28 Feb 2022, 5:00 am
When deciding whether to stay or compel arbitration sought pursuant to Article 75 of the CPLR, the Appellate Division explained that courts are "concerned only with the threshold determination of arbitrability, and not with the merits of the underlying claim" and judicial restraint under the public policy exception is particularly appropriate in arbitrations involving public employment collective bargaining agreements. [read post]
9 May 2010, 5:22 pm
Often, these arbitration agreements provide that an arbitrator has the exclusive authority to resolve certain employment disagreements. [read post]
17 Oct 2008, 11:09 am
Accordingly, the question as to whether arbitration was authorized because "the parties did agree by the terms of their particular arbitration clause to refer their differences in this specific area to arbitration. [read post]
U.S. Supreme Court Will Again Consider Enforceability of Class Action Waivers in Arbitral Agreements
26 Feb 2013, 7:30 am
The appeal from the United States Court of Appeals for the Second Circuit addresses whether the Federal Arbitration Act allows a court to invalidate an arbitration agreement that does not permit class arbitration of a federal law claim. [read post]
20 Sep 2011, 9:55 pm
The judge based his decision on an arbitration clause in the purchase contract. [read post]
18 Jun 2017, 9:00 am
The first dedicated exploration into the groundbreaking concept of default arbitration, Rethinking International Commercial Arbitration will appeal to scholars, students and practitioners in arbitration and international litigation. [read post]
5 Dec 2012, 12:58 am
Arbitrators belong to arbitration associations that are usually private businesses, and fees for an arbitrator can cost several hundred dollars per hour. [read post]
5 Dec 2012, 12:58 am
Arbitrators belong to arbitration associations that are usually private businesses, and fees for an arbitrator can cost several hundred dollars per hour. [read post]
5 Dec 2012, 12:58 am
Arbitrators belong to arbitration associations that are usually private businesses, and fees for an arbitrator can cost several hundred dollars per hour. [read post]
5 Dec 2012, 12:58 am
Arbitrators belong to arbitration associations that are usually private businesses, and fees for an arbitrator can cost several hundred dollars per hour. [read post]
7 Oct 2010, 1:31 am
Rosenberg, Challenging Arbitrators in Investment Treaty Arbitrations — A Comparative Law ApproachJennifer Kirby, T.Co Metals, LLC v. [read post]
7 Jul 2007, 7:53 am
: The Federal Arbitration Act and Modern Labor Arbitration (Westlaw subscription required). [read post]
26 Nov 2010, 4:30 am
Attached is an Order by a judge from a suburban Philadelphia County refusing to enforce an arbitration agreement in a Manor Care case. [read post]
13 Dec 2011, 6:00 am
Trust arbitration provision not enforceable The settlor in Rachal v. [read post]
29 Jul 2008, 8:20 am
In this decision, the Fourth District explained that the Florida Arbitration Code mandates a stay while a motion to compel arbitration is pending but not while an order denying such a motion is on appeal. [read post]
18 Jan 2010, 6:56 am
A provision in the agreement gave arbitrators exclusive authority... [read post]
28 Sep 2007, 12:51 pm
In a 74-page report, The Arbitration Trap, Public Citizen looked at the... [read post]
22 Jul 2008, 8:22 am
In this case, the Fourth District held that an employment contract calling for arbitration of "any controversy or claim arising out of or related to this Agreement, or any breach thereof" required the employee to arbitrate his statutory whistle-blower claim. [read post]
4 Jan 2012, 11:51 am
I have not contended that consumer arbitration [...] [read post]
24 Jan 2012, 6:56 am
Abstract: Common wisdom has it that arbitrators neither follow nor make precedent, with potentially dire consequences. [read post]
