Search for: "Matulis Mediation | Arbitration"
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3 Dec 2018, 9:57 am
Arbitration agreements were disfavored historically. [read post]
5 Jan 2010, 11:56 am
Two recent FINRA arbitration cases have hit the news this week. [read post]
20 Mar 2021, 4:28 pm
Florida courts look to the written terms of the agreement to arbitrate define what disputes are arbitrable. [read post]
7 Apr 2015, 3:41 am
The key features of the new law, called the Delaware Rapid Arbitration Act, include: The decision of the arbitrator must be made within 120 days Appeals are made directly to the Delaware Supreme Court The arbitrator decides issues of arbitrability (which is designed to avoid the multitude of disputes, often noted on these pages, in which a court is asked to determine if an issue is subject to arbitration.) [read post]
7 Apr 2015, 3:41 am
The key features of the new law, called the Delaware Rapid Arbitration Act, include: The decision of the arbitrator must be made within 120 days Appeals are made directly to the Delaware Supreme Court The arbitrator decides issues of arbitrability (which is designed to avoid the multitude of disputes, often noted on these pages, in which a court is asked to determine if an issue is subject to arbitration.) [read post]
12 Mar 2012, 6:35 am
Two recent cases – one a FINRA arbitration award, the other a Fourth Circuit affirmance of a FINRA arbitration award – tell us the process might not end up as well as you hope. [read post]
24 Jun 2019, 9:03 am
Why Challenge the Arbitration Contract? [read post]
24 Jun 2019, 9:03 am
Why Challenge the Arbitration Contract? [read post]
28 Jun 2015, 8:08 am
By cutting off contractual freedom for pre-dispute arbitration agreements in the workplace, trial lawyers and unions in California intend to pave the way for more and bigger class actions [Dave Roberts, Fox and Hounds] Tags: arbitration, CaliforniaCalifornia lawmakers move against arbitration is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
7 Sep 2023, 12:32 pm
This article discusses the circumstances obligating parties in business litigation to arbitrate and when they can avoid arbitration. [read post]
5 Nov 2014, 10:56 am
Topics include the habits and attitudes of business users and their attorneys; barriers to making effective choices regarding arbitration; standards for arbitrator decision making and methods of managing perceived risks in arbitration (including appellate arbitration, final offer arbitration and other alternatives); the variety of proactive approaches now employed to promote economy and efficiency in arbitration; the handling of pre-hearing… [read post]
25 Jan 2016, 7:45 am
The Arbitrator acted as the mediator with the agreement of the parties. [read post]
26 Jun 2019, 7:30 am
Furthermore, the arbitrator had previously been mediator and arbitrator for the attorney in multiple cases. [read post]
24 Oct 2010, 9:45 am
The arbitration agreement permitted the arbitrator to award fees to the prevailing party. [read post]
16 Jun 2020, 6:16 am
When the former client went to court seeking to convert the arbitrator’s award into an enforceable money judgment, the broker cross-moved to vacate the award on the grounds that the procedures set forth in the arbitration agreement for giving notice of the commencement of the arbitration violated her due process rights. [read post]
19 Nov 2013, 6:24 am
Although commentators criticize the use of arbitration to resolve consumer disputes because arbitration lacks the due process protections inherent in traditional litigation, efforts to regulate or eliminate the use of arbitration in this context have failed miserably. [read post]
20 Jul 2022, 7:38 am
The court based its conclusion that the Arbitration Agreement was unconscionable on the deceased’s medical conditions when she signed it along with the requirement that she pay half of the arbitration expenses. [read post]
18 Jan 2019, 9:54 am
There is often a misconception about the role of the arbitrator appointed to an arbitration panel by one of the parties. [read post]
29 Oct 2016, 3:17 pm
When they make that decision, their lawyer will tell them that the CBA's arbitration agreement says they cannot go to court and have to proceed in arbitration. [read post]
20 Mar 2010, 12:41 am
It is better to avoid the practice of paying sitting fees to the Arbitrators if one needs to make the adjudication through arbitration really speedy. [read post]
