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13 Dec 2016, 3:27 pm
Specifically, the agreement was missing the: (1) arbitrator’s identity; (2) means of selecting an arbitrator; (3) location; (4) applicable procedures; (5) effect of arbitration; (6) governing law; (7) relief available; (8) scope of discovery; and (9) fee information. [read post]
3 Nov 2016, 6:00 pm
In reviewing the award, the court should consider: (1) whether the arbitrator identifies [his or] her task as interpreting the contract; (2) whether she cites and analyzes the text of the contract; and (3) whether his or her conclusions are framed in terms of the contract’s meaning. [read post]
4 Oct 2019, 2:35 pm
The arbitration shall take place before a panel of three (3) arbitrators in conformance with the rules of the American Arbitration Association in Houston, Harris County, Texas.[1] It is undisputed that the Carrascos signed the fee agreement and that a representative of Shrader & Associates did not do so despite a separate signature block for the firm. [read post]
Agreements to Arbitration: "Good for the Goose, Good For the Gander" Rule Applied By Tennessee Court
6 Mar 2014, 3:00 am
Tennessee Nursing Home's Contract Requiring Arbitration is Unenforceable TSC Issue Arbitration Opinion [read post]
30 Apr 2014, 7:04 am
He indicated that the Bureau is researching the following matters: (1) back-end outcomes of consumer financial services lawsuits in court (including class actions) and arbitrations; (2) transaction costs and consumer benefits of class actions; (3) impact on prices for goods and services of class actions and arbitrations; and (4) the relationship between private and public enforcement of consumer financial services laws. [read post]
27 Oct 2010, 12:46 pm
Slip op. at 3. [read post]
1 Jun 2010, 5:00 am
Jensen, [1994] 3 S.C.R. 1022) that limitation periods are substantive and not procedural. [read post]
19 Mar 2012, 3:47 pm
In response, Defendants moved to compel arbitration on the ground that the plaintiff had signed an arbitration agreement under which he agreed to individually arbitrate these claims. [read post]
25 Mar 2008, 7:05 am
The 6-3 ruling came in the case of Hall Street Associates v. [read post]
5 Jul 2018, 5:13 am
The court then dismissed Ref-Chem’s attempts to distinguish Bunzl from the instant case before adding: Ref-Chem also points to other factors to demonstrate its intent to be bound without signing, such as the fact that it created the arbitration agreement, kept the agreement as a business record, and moved to compel arbitration when Huckaba sued.3 Even if we were to consider this evidence, our conclusion would remain the same. [read post]
18 May 2015, 9:13 pm
What influences arbitral decision-making? [read post]
14 Aug 2017, 8:55 am
A 3-Person Arbitration Panel Decides Cases Worth More Than $100,000Arbitration panels consisting of three or more persons with substantial industry knowledge are assigned to U5 arbitration claims involving alleged damages in excess of $100,000. [read post]
11 Jul 2014, 2:32 am
P. 12(b)(3) motion to dismiss for improper venue because plaintiff’s design patent declaratory judgment claims related to dental pliers had to be arbitrated. [read post]
29 May 2021, 10:52 am
All of our readers know that I am a big fan of arbitration, and despite its flaws, a fan of FINRA arbitration, for both my investor and industry clients. [read post]
31 Jul 2017, 2:56 pm
My own, much more modest effort, explaining the arbitration rule for our local NPR station (WILL) appeared this morning. [read post]
4 Jan 2011, 4:33 pm
(3) The circuit court did not misconstrue federal common law favoring tripartite arbitration where (a) the Uniform Arbitration Act provides “ample mechanisms for compelling tripartite arbitration via consolidation of separate proceedings;” (b) the work at issue was two different positions on two different islands (vs. the “same” work at issue in federal tripartite cases); (c) the Hawaii Labor Relation’s… [read post]
11 Jul 2013, 3:59 am
” Overall, income tax collections are up 13% in New Jersey this year and revenues from sales tax is up 3%. [read post]
25 Mar 2011, 6:00 am
Technorati Tags: arbitration, ADR, law, Mediation [read post]
9 Mar 2016, 12:16 pm
One example the Court gave of a default provision to contrast was the provision in section 3 of the MAA, which states how an arbitrator is appointed if the parties have not provided a method of appointment in their contract. [read post]
30 May 2013, 7:57 am
” The guidelines were reportedly designed to create a more uniform and equitable experience for both attorneys and arbitrators engaged in international arbitral disputes. [read post]
