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24 Nov 2010, 6:42 am
And so it is as well with American arbitration law and, most importantly, American arbitration vacatur law and the ever-endearing question regarding when arbitral awards may be vacated on the grounds of arbitrator acts “in excess of arbitral authority” or in “manifest disregard of the law. [read post]
27 Apr 2007, 10:18 am
The specific issue in the case is whether a federal district court has federal question jurisdiction over a petition to compel arbitration if the underlying dispute to be arbitrated itself states a federal question. [read post]
11 Oct 2016, 8:00 am
In addition to the claim, Mack filed a demand for arbitration under the rules of the Federal Arbitration Act. [read post]
11 Jan 2011, 11:53 pm
Consequently, the court vacated the adverse arbitration award and remanded for a new arbitration proceeding. [read post]
9 Aug 2010, 10:51 am
But the larger issue is whether Maryland law allows for enforcement of a nursing home negligence arbitration agreement. [read post]
9 Aug 2010, 10:51 am
But the larger issue is whether Maryland law allows for enforcement of a nursing home negligence arbitration agreement. [read post]
1 Mar 2022, 3:44 pm
The Judge had said Finra and Wells Fargo’s lawyer appeared to have a secret agreement to strike potential arbitrators from a neutral list and questioned the fairness of the process. [read post]
10 Aug 2021, 10:23 am
The US Chamber of Commerce and other corporate power groups are terrified of the 7th Amendment to the Bill of Rights (right to jury trial) and the "FAIR" act, which would prevent them from forcing consumer and employee disputes into the lawless land of private arbitration controlled by and very favorable to, you guessed it, those same corporate power groups.The American Prospect has a great story about an effort by these folks to disguise a corporate lobbyist-written editorial as… [read post]
26 Apr 2010, 8:02 pm
Kiss good-bye to arbitration. [read post]
30 Apr 2024, 5:51 pm
They further point out that the CFPB’s prior attempt to restrain arbitrations by rulemaking was rejected and this is simply more of the same. [read post]
9 Mar 2012, 10:11 am
Because the arbitration agreement stated that arbitration would be conducted pursuant to the rules of the American Arbitration Association, but the employer did not provide the employee with a copy of those rules or direction on where the employee could access those rules. [read post]
18 May 2012, 3:17 pm
Sterling-Jewelers, Inc. (2nd Cir. 2011), cert. denied Mar. 19, 2012, the 2nd Circuit emphasized the deference to be given to the arbitrator, ultimately concluding that "whether the arbitrator was right or wrong in her analysis, she had the authority to make the decision, and the parties to the arbitration agreement or bound by it. [read post]
19 Feb 2011, 8:30 am
Both the Wilkins and Kile hearings were decided by arbitrator Morton Mitchnick back before all of the hearings were handled by three arbitrators. [read post]
10 Jul 2012, 9:51 am
Valentina Vadi (Maastricht Univ.) has published Public Health in International Investment Law and Arbitration (Routledge 2012). [read post]
24 Sep 2016, 4:00 am
LLI attempted to follow the provision of the alternative dispute clause by going to mediation before resorting to arbitration. [read post]
23 Dec 2010, 9:05 am
When Kowaleski received charges the case was referred to an arbitrator. [read post]
6 Jan 2014, 9:36 am
Arbitration is often a good choice for parties who have a strong desire to keep their disputes confidential. [read post]
4 May 2017, 7:28 am
This Article concludes that because of the strong public interest in labor arbitration decisions involving the NFLPA, the federal courts must normally defer to the arbitrator’s decision regardless of the merits. [read post]
13 Sep 2013, 2:27 pm
” In recent years, courts have strongly favored the enforcement of pre-dispute arbitration clauses, which generally prevent a claimant from going to court in favor of a private arbitration. [read post]
8 Dec 2009, 9:43 pm
Many California employers require new employees to sign arbitration agreements before they start work. [read post]