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18 Feb 2016, 12:53 pm
Well researched essay on the history of arbitration by Professor Jill Gross of Pace Law School - the point of which is "[r]ather than depicting FINRA arbitration as an alternative dispute resolution process offering a level playing field, FINRA, as well as industry and investor advocates, should recall and reinforce the historical basis of securities arbitration as a mechanism to protect investors. [read post]
23 Aug 2007, 3:33 pm
Comcast Corp., 446 F.3d 25 (1st Cir. 2006), the court held that the class arbitration and multiple damages provisions didn't present a question of "arbitrability" and that therefore the arbitrator should decide their validity. [read post]
2 Oct 2008, 4:01 pm
Photo Source Being trapped into binding mandatory arbitration against a powerful corporation that has paid the arbitrator to "resolve" your dispute? [read post]
17 May 2024, 5:49 am
The dispute actually moves to arbitration. [read post]
18 Feb 2009, 4:00 am
Arbitration award vacated where employee violated "Last Chance Agreement"Source: Adjunct Law Prof Blog; [lawprofessors.typepad.com]Reproduced with permission. [read post]
17 Mar 2009, 8:45 am
Take for example an interview in this month's ABA Journal with "Lion of the Bar" Joe Jamail, who had this to say about arbitration and mediation: Do you know what the root of mediation is? [read post]
26 Jul 2011, 12:17 pm
Arbitrability of arbitrability question or who-gets-to-decide if a dispute gets arbitrated: judge or arbitrator? [read post]
3 Oct 2018, 12:46 pm
Here, the respondent, an independent contractor for an interstate trucking company, acknowledges that it signed an arbitration agreement in which it agreed to arbitrate all workplace disputes with petitioner on an individual basis; however, respondent filed a putative class action in court and opposes arbitration on the basis of a Section 1 exemption. [read post]
6 Jul 2023, 5:56 am
A contrary decision would have destroyed much of the value of an arbitration agreement by forcing the parties to incur that expense and forgo the potential savings of an arbitral process. [read post]
8 Feb 2022, 3:30 am
So any pending arbitrations will remain there. [read post]
16 Dec 2011, 7:42 am
Radicati on Arbitration and the draft Brussels I Review [read post]
29 Oct 2012, 11:33 am
”A key question before arbitrator Russell Goodfellow was the city’s obligations under Article 49.01 of the collective agreement with its firefighters. [read post]
23 Oct 2017, 4:00 am
"As the CBA contained "a broad arbitration clause and does not expressly identify any conditions precedent to arbitration," the Appellate Division said that any alleged failure of a party to comply strictly with the contractual grievance procedures or time limits is not a proper ground for a stay of arbitration because such issues are to be resolved by the arbitrator.With respect to CBA between Greece and Local 828, Appellate Division held that… [read post]
10 May 2024, 6:00 am
Where, however, "an arbitrator offer[s] even a barely colorable justification for the outcome reached, the arbitration award must be upheld" (id. [read post]
10 May 2024, 6:00 am
Where, however, "an arbitrator offer[s] even a barely colorable justification for the outcome reached, the arbitration award must be upheld" (id. [read post]
27 Jan 2012, 7:20 am
This second arbitrator reviewed every post and, applying the original arbitrator’s definition, determined which posts would be bid by seniority. [read post]
6 Feb 2007, 7:59 am
The Fifth District held that the order striking the motion to compel arbitration was not an order on the substantive issue of whether an entitlement to arbitrate exists. [read post]
27 Apr 2011, 12:28 pm
AT&T appealed the case to the Ninth Circuit, though the court noted that section 2 of the Federal Arbitration Act states that arbitration agreements "shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. [read post]
1 May 2009, 10:23 am
As we mentioned on Tuesday, April 29 was "Fair Arbitration Now Day" and we would be remiss in not telling you that as part of the festivities, Senator Russ Feingold (D-WI) reintroduced the Arbitration Fairness Act, a bill aimed at making "pre-dispute agreements requiring arbitration for any employment, consumer, franchise, or civil rights disputes unenforceable. [read post]
7 Apr 2008, 5:00 pm
The losing party, Powell, requested that the court modify an arbitration award entered against it by the American Arbitration Association (AAA). [read post]
