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21 Feb 2023, 4:10 am
., Feb. 16, 2023), a New Jersey state appeals court held that a family court judge could not order parties to a divorce to return to arbitration over issues surrounding which religious tribunal should oversee the issuance of a get-- Jewish divorce document-- when the parties' original agreement to arbitrate terms of the divorce had expired and they had not entered a new arbitration agreement covering issues that would arise later. [read post]
12 Sep 2017, 2:39 pm
I wanted to let you … Continue reading Chance to Support CFPB Arbitration Rule – Sept. 22 Deadline → [read post]
6 Nov 2007, 6:48 pm
While this ruling is important, Congress must reform mandatory arbitration agreements. [read post]
2 Feb 2018, 7:06 am
” Here … Continue reading District Court Vacates Arbitrator’s Class Certification Award → [read post]
30 Sep 2009, 7:51 pm
The American Arbitration Association and the Cornell Industrial and Labor Relations School will present a two-day program, “Labor Arbitration in a Time of Economic Crisis: How the Economy will Impact how Cases are Argued by Advocates and Decided by Arbitrators. [read post]
3 Nov 2017, 8:29 am
Many of those disputes are required to be arbitrated in the FINRA Dispute Resolution forum. [read post]
Deadline looms for closed GM and Chrysler auto dealers to challenge their termination in arbitration
23 Jan 2010, 7:34 am
Over 3000 car dealerships whose franchises were terminated by GM and Chrysler as part of those automakers' bankruptcy restructurings have until midnight this Monday (Jan. 25) to challenge their termination by filing for arbitration in the American Arbitration Association. [read post]
13 Sep 2010, 7:33 pm
Effective September 27, 2010, FINRA’s Code of Arbitration Procedure will be amended to increase from eight to ten the number of arbitrator candidates parties will receive on each of the prospective panel lists (Chair-qualified, public and industry arbitrator lists) that FINRA generates during the neutral selection process. [read post]
8 May 2019, 9:00 pm
Several courts have compelled religious arbitration of employment disputes even when the arbitration agreement explicitly states that holy text would trump federal law. [read post]
14 Aug 2009, 6:31 am
This development cannot be a coincidence and surely is tied to the increasing Congressional scrutiny over mandatory consumer arbitration and the National Arbitration Forum’s decision to exit the consumer [...] [read post]
28 Jun 2010, 11:03 pm
Best two features: (1) The default position is a sole (one) arbitrator [read post]
1 Feb 2011, 7:02 am
I’ve written previously about the Financial Regulatory Authority (FINRA) proposals for allowing consumer complainants in arbitrations to use all public arbitration panels. [read post]
28 Aug 2014, 10:09 am
The Third Circuit Court of Appeals this week denied a petition for rehearing by the panel and the Court en banc in the Opalinski v Robert Half International, Inc. matter, where last month it held that the availability of class arbitration is a substantive question of arbitrability for the court (not the arbitrator) to decide, absent clear agreement otherwise. [read post]
1 Jun 2015, 9:48 am
… Continue reading Sternlight – Asking Tough Questions About Mandatory Arbitration and Article III → [read post]
13 Feb 2012, 1:55 pm
February 13, 2012 by Kim Harris tags: Mediator, Arbitrator, Mediator/Arbitrator Directory A Courtroom Insight user recently posted an extremely positive review of Mediator/Arbitrator, Alfred G. [read post]
27 Apr 2010, 7:04 am
AnimalFeeds International [Cornell LII backgrounder; JURIST report] that imposing class arbitration on parties when that issue is silent in the parties' arbitration clauses is inconsistent with the Federal Arbitration Act (FAA) [9 USC §§ 1-14 text]. [read post]
20 Dec 2016, 11:05 pm
& Mediation 2 (2016), takes a hard, HARD look at the intersection of contractarian values like consent and autonomy in the context of arbitration. [read post]
26 Oct 2011, 6:46 pm
Several years ago the legislature passed a law authorizing the court to conduct private arbitrations entitled ”Arbitration Proceedings for [...] [read post]
15 May 2017, 10:03 am
Clark [SCOTUSBlog materials] on Monday holding that the Federal Arbitration Act (FAA) [LII materials] preempts a Kentucky state law that requires a power-of-attorney agreements to expressly grant authority to enter an arbitration agreement. [read post]
23 Mar 2015, 11:03 am
Imburg, 2015 WL 1280237 (Mar. 23, 2015), the Supreme Court granted a petition for certiorari in a case stemming from a California Court of Appeal decision holding that a California choice of law clause in the parties’ arbitration agreement (which is governed by the Federal Arbitration Act) trumped the FAA preemption doctrine, which … Continue reading Supreme Court Grants Cert in Another Arbitration Preemption Case → [read post]