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14 Jun 2009, 4:33 am
This post (which will appear in two parts) will briefly address mediation, but will focus on the differences between court proceedings and arbitration. [read post]
19 Sep 2009, 1:55 pm
Contents include:Jeff Waincymer, International Commercial Arbitration and the Application of Mandatory Rules of LawAlastair Henderson, Commercial Arbitration in ThailandEdwin Tong Chun Fai & Nakul Dewan, Drafting Arbitration Agreements with ‘Consolidation' in Mind? [read post]
1 Jun 2009, 4:22 am
The latest issue of the ICC International Court of Arbitration Bulletin (Vol. 19, no. 1, 2008) is out. [read post]
26 Sep 2012, 5:58 am
In the majority of cases, the courts simply defer to the decision of the arbitrator. [read post]
8 Jan 2014, 12:07 pm
” Bacon filed a “Demand for Arbitration” with the American Arbitration Association on February 26, 2013. [read post]
5 Jan 2010, 7:12 am
A Court of Chancery Order dated January 4, 2010, establishing a fee schedule for a new system of arbitration, is available here. [read post]
9 Dec 2009, 8:22 pm
(post available here) In February, the court decided three arbitration-related cases: (1) In In re: Labatt Food Service, L.P. the court resolves the issue of whether nonsignatories to an arbitration agreement should be compelled to arbitrate claims when the decedent's claims would have to be arbitrated. (2) In re Jindal followed Labatt's precedent. [read post]
13 Aug 2007, 4:00 pm
Then, in a bold effort to have its cake and eat it, too, Wachovia obtained a ruling from the arbitrators that these causes of action were not eligible for arbitration. [read post]
29 Sep 2016, 2:11 pm
And while “adjudicate” covers both litigation and arbitration, the thrust of the provision appears to be the restriction of arbitration agreements. [read post]
17 Mar 2016, 5:39 am
The second option appears to be a total ban on the use of pre-dispute arbitration agreements. [read post]
19 May 2011, 2:05 pm
Monnet Finance Ltd, (2011) 1 SCC 320, If there is a dispute between a party to an arbitration agreement, with other parties to the arbitration agreement as also non-parties to the arbitration agreement, reference to arbitration or appointment of arbitration can be only with respect to the parties to the arbitration agreement and not the non-parties. [read post]
29 Aug 2014, 11:43 am
Because the arbitrator’s authority derives from the contract, “it makes little sense to allow an arbitration proceeding or award to preclude a claim the arbitrator had no authority to decide. [read post]
21 Mar 2016, 2:16 pm
Down the Rabbit Hole: What to Expect in Appellate ArbitrationA discussion of the practical and legal issues unique to appellate arbitration, including what any appellate arbitration provision should contain, the standard of review that might apply, how an appellate arbitrator’s review of an arbitrator order differs from that of a superior court, avoiding cost overruns, and more.Appellate Law Section Meeting, April 07, 2016Location:Robbins Nest, 214… [read post]
15 Apr 2009, 10:43 am
The Arbitration Fairness Act of 2007 has been re-introduced as the Arbitration Fairness Act of 2009 (H.R. [read post]
17 Mar 2009, 3:40 am
Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. [read post]
8 Dec 2011, 5:19 am
Even worse, often times the arbitrators used are hired by the nursing home itself - so you can imagine where the arbitrators' loyalties lie. [read post]
18 Feb 2011, 2:07 am
LaCava had confirmed the award.Affirming Judge LaCava’s ruling, the Appellate Division said that [a]n arbitration award may not be vacated unless it is irrational, violates a strong public policy, or clearly exceeds a limitation imposed on the arbitrator as set forth in CPLR 7511(b) or if the arbitrator exceeds his or her authority.When does the arbitrator exceed his or her authority? [read post]
17 Aug 2018, 8:27 am
Lewis, which held that a federal statute does not displace the Arbitration Act unless it includes a “clear and manifest” congressional intent to make individual arbitration agreements unenforceable, the court rejected the plaintiff’s arguments that FLSA displaced the Federal Arbitration Act simply by providing for a right to “collective action. [read post]
24 Jul 2020, 12:37 pm
Individual arbitration. [read post]
17 Oct 2018, 2:38 pm
The Insureds knew about the Arbitrator’s alleged relationship with the Insurer’s counsel before the arbitration, but did not object either before or during the arbitration. [read post]
