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2 May 2007, 2:46 am
The decision also explains a host of ways a party can waive its right to arbitrate a dispute. [read post]
9 Nov 2009, 1:01 pm
In a blog yesterday on ARS arbitrations, I remarked that my impression was that purchasers of auction rate securities were not faring well in claims for damages resulting from the freezing of the credit markets in early 2008. [read post]
10 Aug 2007, 1:26 am
For an example of how an arbitration provision in a principal agreement can be applied to related agreements, even where the related agreements contain venue provisions, check out this decision from the Third District. [read post]
10 Oct 2007, 1:58 pm
Having reviewed the relevant agreements, the court concludes that the issue of arbitrability is for an arbitrator to decide because the arbitration clause is broadly worded, expressly references the Rules of the American Arbitration Association, and explicitly provides that an arbitrator shall decide all substantive and procedural issues related to disputes. [read post]
10 Feb 2011, 4:00 pm
It is imperative to manage the risks associated with ESI in arbitration. [read post]
5 Sep 2014, 5:09 am
Indeed, Larry was a labor arbitrator and mediator for so long that it’s hard to realize there was a time he wasn’t a fixture in Connecticut. [read post]
17 Apr 2012, 4:28 am
An individual waives his or her claims that the arbitrator should have enforced his or her witness subpoenas by failing to seek a stay of the arbitration and a court ruling compelling compliance and by continuing with the arbitration; 2. [read post]
6 Oct 2016, 1:30 pm
Instead, they are forced to resort to filing arbitration claims where their disputes are resolved by arbitrators (usually paid for by the shipping company), in contrast to a judge and jury. [read post]
Securities and Exchange Commission Approves Improvements To The NASD's Code of Arbitration Procedure
29 Jan 2007, 4:46 am
Lists of arbitrators from the NASD roster will be selected randomly by its new MATRICS (Mediation and Arbitration Tracking Retrieval Interactive Case System) technology platform. [read post]
23 Apr 2021, 3:23 pm
The MLB sought to have the suit dismissed and to compel arbitration relying on the arbitration agreement referred to and summarized on the back of the plaintiff’s ticket. [read post]
7 Oct 2011, 5:50 am
He noted that "in every case raising a statutory right that does not explicitly preclude arbitration, the Supreme Court has enforced the presumption of arbitrability under the Arbitration Act. [read post]
16 Feb 2010, 3:49 am
Defense attorneys moved to stay the class action and to compel arbitration of the plaintiffs’ individual claims based on an arbitration clause (which contained the class action waiver) in the Agreement. [read post]
24 Jun 2013, 12:42 pm
Italian Colors Restaurant, holding that the Federal Arbitration Act (“FAA”) “does not permit courts to invalidate a contractual waiver of class arbitration on the ground that the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the potential recovery. [read post]
9 Dec 2014, 6:39 am
False advertising claims are arbitrable, but the false advertising and reliance occurred before Mohebbi signed the agreement with the arbitration clause. [read post]
11 Oct 2015, 6:45 am
An earlier post, "Functus officio" precludes arbitrator from substituting new award for an earlier one, discussed a decision of the District Court in Florida vacating an arbitrator's award as being precluded by the doctrine of "functus officio. [read post]
3 Nov 2015, 6:36 am
Chamber of Commerce had a post titled "Dog Bites Man: New York Times Prefers Lawyer-Controlled Class Actions over Fair Arbitration that Enables Individuals to Protect Themselves. [read post]
31 Aug 2007, 2:10 am
The warranty contract between the builder and purchaser contained a broad arbitration clause. [read post]
7 Nov 2007, 7:05 am
Mattel [Duke Law case backgrounder; merit briefs], 06-989, where the Court considered whether parties can contractually agree to vacate an arbitration award under the Federal Arbitration Act (FAA) [USC Title 9 text]. [read post]
18 Sep 2011, 12:39 pm
Here is an announcement about an interesting symposium on international arbitration: On October 21, 2011, keynote speaker Gary Born leads an international group of experts in a frank discussion of issues that can arise when parties combine litigation tactics with international commercial arbitration. [read post]
20 May 2016, 6:39 am
“We have worked hard to further improve the student experience at all of our institutions and it’s clear that eliminating … Continue reading University of Phoenix Nixes Mandatory Arbitration Clause for Students → [read post]
