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27 Apr 2010, 2:35 pm
Arbitrators, or a court? [read post]
21 Jul 2020, 12:00 am
"Noting that courts are bound by the arbitrator's factual findings, the arbitrator's interpretation of the contract and the arbitrator's decision with respect to the remedies to be provided an injured party, the Appellate Division observed that "A court cannot examine the merits of an arbitration award and substitute its judgment for that of the arbitrator simply because it believes its interpretation would be the better one. [read post]
15 Nov 2019, 4:00 am
Further, said the court, in determining whether a grievance is arbitrable, a court must "first ask whether there is any statutory, constitutional or public policy prohibition against arbitration of the grievance," and if there is no such prohibition against arbitration, the court must "then examine the CBA to determine if the parties have agreed to arbitrate the dispute at issue. [read post]
21 Jul 2020, 4:00 am
"Noting that courts are bound by the arbitrator's factual findings, the arbitrator's interpretation of the contract and the arbitrator's decision with respect to the remedies to be provided an injured party, the Appellate Division observed that "A court cannot examine the merits of an arbitration award and substitute its judgment for that of the arbitrator simply because it believes its interpretation would be the better one. [read post]
15 Nov 2019, 4:00 am
Further, said the court, in determining whether a grievance is arbitrable, a court must "first ask whether there is any statutory, constitutional or public policy prohibition against arbitration of the grievance," and if there is no such prohibition against arbitration, the court must "then examine the CBA to determine if the parties have agreed to arbitrate the dispute at issue. [read post]
14 Dec 2018, 4:00 am
In response to Local 628's demand for arbitration, the City had initiated this Article 75 proceeding in Supreme Court seeking an order permanently staying arbitration, contending that the dispute was not arbitrable. [read post]
15 Nov 2019, 4:00 am
Further, said the court, in determining whether a grievance is arbitrable, a court must "first ask whether there is any statutory, constitutional or public policy prohibition against arbitration of the grievance," and if there is no such prohibition against arbitration, the court must "then examine the CBA to determine if the parties have agreed to arbitrate the dispute at issue. [read post]
24 Dec 2012, 8:12 am
For example, it would invalidate the numerous state programs authorizing judges to act as arbitrators in court-annexed or similar arbitration programs. [read post]
15 Jun 2018, 4:11 am
The Village objected to submitting this new grievance to arbitration and filed an Article 75 petition seeking a permanent stay of the arbitration. [read post]
14 Dec 2018, 4:00 am
In response to Local 628's demand for arbitration, the City had initiated this Article 75 proceeding in Supreme Court seeking an order permanently staying arbitration, contending that the dispute was not arbitrable. [read post]
28 Oct 2015, 7:00 am
The Association cross-moved compel arbitration, arguing that the CBA permitted arbitration of this dispute.The Supreme Court denied the Village’s motion, finding that the parties had agreed in the CBA to arbitrate these issues, and that it was not against public policy to do so and granted the Association’s motion to compel arbitration. [read post]
28 Dec 2010, 5:37 pm
Since the arbitrator is typically paid by employer, there can be questions about the arbitrator’s neutrality. [read post]
9 Jan 2020, 2:01 pm
They do not convey an offer to arbitrate, or notify the user in any way that the offered Terms of Service contain a waiver of jury trial and an arbitration clause. [read post]
31 Mar 2013, 12:09 pm
In fact, the FINRA arbitration program is an exemplar of fairness in consumer arbitration. [read post]
25 Dec 2008, 10:17 pm
Furthermore, procedural matters, such as decisions regarding the place of arbitration or the allocation of costs, play an increasingly important role in investment arbitrations but are also not addressed thoroughly in the treaties themselves. [read post]
21 May 2010, 1:26 pm
Whether or not the LOA is enforceable might depend upon the way the arbitrator utilizes the choice of law provision. [read post]
1 Oct 2016, 8:18 am
On arbitration, the Committee noted that the court fee for challenging arbitral awards should be made ad valorem and the percentage to be charged should be same as that of suit, that is, 2-3%. [read post]
2 Jan 2020, 4:00 am
When EO1 demanded Employer's decision be submitted arbitration Employer commenced a CPLR Article 75 seeking to stay the arbitration. [read post]
31 May 2018, 10:10 am
" Further, the court noted that the arbitration provision in the CBA "permits arbitration of such claims. [read post]
1 Oct 2016, 8:18 am
On arbitration, the Committee noted that the court fee for challenging arbitral awards should be made ad valorem and the percentage to be charged should be same as that of suit, that is, 2-3%. [read post]
