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20 Feb 2013, 4:00 am
The Appellate Division sustained the lower court’s ruling, explaining that "[a]n arbitration award may be vacated if it is irrational, violates a strong public policy, or clearly exceeds a specifically enumerated limitation on the arbitrator's power*" Here, and notwithstanding the Local’s arguments to the contrary, the Appellate Division concluded that the arbitrator's interpretation of the CBA was not irrational, "nor did the… [read post]
8 Sep 2015, 1:00 pm by Steven G. Pearl
The case involved three separate agreements: (1) the Employment Agreement; (2) the arbitration agreement within the Employment Agreement; and (3) the delegation clause within the arbitration agreement. [read post]
28 Oct 2016, 9:39 pm
This chapter analysis international arbitration from an L&E perspective, including subsequent developments by behavioral economics relevant to arbitration. [read post]
19 Oct 2016, 7:26 am by Hans C. Wahl, Esq.
The statutory prerequisites to filing an arbitration petition include the petitioner providing the respondent with the following: (1) advance written notice of the specific nature of the dispute; (2) a demand for relief, and a reasonable opportunity for the respondent to comply or to provide the relief; and (3) notice of the intention to file an arbitration petition or other legal action in the absence of a resolution of the dispute. [read post]
12 Mar 2010, 9:48 am by Don Cruse
Mar. 12, 2010) (docket and briefs) Divided 6-3, the Texas Supreme Court held that the Texas Arbitration Act … allows an appeal from a trial court’s order that denies confirmation of an arbitration award and instead, vacates the award and directs that the dispute be arbitrated anew. [read post]
20 Jul 2009, 1:16 pm by DES
The National Arbitration Forum and the Attorney General of Minnesota have reached an agreement under which NAF will cease accepting new arbitration cases involving consumers, including collection actions by credit card companies. [read post]
1 Aug 2018, 8:40 am by Badrinath Srinivasan
I have discussed the cases in slight detail as they involve different facts and circumstances that demonstrate different aspects of the issue.Non-signatories to arbitration agreement can be referred to domestic arbitration under section 8 based on facts and circumstances; mere allegations of fraud cannot disable arbitrationAmeet Lalchand Shah and Others v Rishabh Enterprises and Another (Supreme Court, 3 May 2018)Brief facts: The respondent (Rishabh Enterprises) entered… [read post]
14 Mar 2013, 5:00 am by Kimberly A. Kralowec
The Supreme Court has announced that it will hear oral argument on Wednesday, April 3, 2013 at 9:00 a.m. in Los Angeles in Sonic-Calabasas A, Inc. v. [read post]
5 Apr 2012, 1:21 pm
Arbitration can, in many cases, be advantageous, but arbitration does come with some potential pitfalls that should be considered. [read post]
29 Oct 2018, 6:00 am by Beth Graham
Manchester Mgmt., LLC, No. 3:18-CV-1378-D., (ND Texas, October 22, 2018), a woman, Gay, signed an agreement to arbitrate all future claims against her employer, Manchester, when she began working for the company. [read post]
9 Nov 2014, 8:23 am by John H Curley
The Arbitrator also ordered that General Mills pay to the Union three weeks of back pay:which was the amount of time from 2/6/12 [the date of the initial meeting with the grievant] to 3/5/12 [grievant's last day of work] that the Company took to consider and investigate -for the fact that [grievant's supervisor] did not have grievant sign Attendance Reviews and the fact that the Company did not provide the Union with copies of the relevant documents at the suspension… [read post]
18 Nov 2019, 5:30 am by Beth Graham
 at 86 (citing 3 WILLISTON ON CONTRACTS § 7:11 (4th ed. 2018)). [read post]
16 May 2024, 12:37 pm by Ronald Mann
” As for the text, Section 3 of the FAA says that a trial court “shall … stay the trial of the action until such arbitration has been had …, providing the applicant for the stay is not in default in proceeding with [the] arbitration. [read post]
5 Jan 2018, 9:49 am by Edward T. Kang
In 2016, the ICC also saw a record increase of 20 percent in its caseload, whereas in the years between 2012-2015, there was a 1 to 3 percent steady increase. [read post]
2 Nov 2022, 5:00 am by Public Employment Law Press
Article 12 which sets out a four-step grievance procedure, culminating in arbitration as the last step in that process; and 3. [read post]
2 Nov 2022, 5:00 am by Public Employment Law Press
Article 12 which sets out a four-step grievance procedure, culminating in arbitration as the last step in that process; and 3. [read post]
18 Dec 2014, 4:28 pm by Beth Graham
  According to the court, the company asserted that the parties agreed to submit the underlying action to arbitration and Champion did not waive its right to arbitration. [read post]