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13 Apr 2022, 2:00 am
The legislation amends the Federal Arbitration Act (FAA) and will be effective for any disputes or claims arising on or after March 3. [read post]
18 Jul 2012, 9:16 am
” Id. at 3-4. [read post]
18 Jul 2012, 9:11 am
” Id. at 3-4. [read post]
24 Jun 2010, 9:24 pm
Patrick Dumberry (University of Ottawa (Civil Law Section)) has posted Compensation for Moral Damages in Investor-State Arbitration Disputes (Journal of International Arbitration, Vol. 27, No. 3, pp. 247-276, 2010) on SSRN. [read post]
21 Jan 2011, 10:20 am
The Acting General Counsel yesterday issued General Counsel Memorandum No. 11-05, narrowing the scope of Board deference to a contractual arbitration award in cases involving 8(a)(1) and (3) allegations. [read post]
4 Sep 2023, 8:15 am
The August 2023 High Court case of Horn & Another v Nel & Others discusses when, in terms of Section 3(2) of the Arbitration Act, a court can set aside a valid arbitration agreement. [read post]
14 Nov 2010, 6:59 pm
The court found that the agreement was primarily procedurally unconscionable for three reasons: (1) that the agreement was prepared by Curexo, (2) that it was a mandatory part of the agreement, and (3) that Trivedi was not given a copy of the AAA rules to which he could be fully aware of his obligations as the employee. [read post]
8 Jan 2015, 9:46 am
Nevertheless, the only authority they have, except perhaps in China[3] is the authority conferred by the parties themselves. [read post]
19 Apr 2010, 9:09 am
Dec 3., 2009) (same language as Carideo insufficient to show NAF integral to the arbitration clause). [read post]
14 May 2013, 12:28 pm
The parties’ agreement contained an arbitration provision that stated, …any dispute or claim arising under or with respect to this agreement will be resolved by arbitration in San Antonio, Bexar County, Texas, in accordance with the rules of the American Arbitration Association [AAA] before a panel of three (3) arbitrators, one appointed by the contractor, one appointed by the owner, and the third appointed by said association. [read post]
2 Jun 2010, 1:49 pm
As Congress ponders new legislation, scholarly interest in arbitration--especially arbitration outcomes and how they compare to litigation outcomes--grows. [read post]
1 May 2012, 8:16 pm
The following elements are required for the formation of a valid and binding contract: (1) an offer; (2) acceptance in strict compliance with the terms of the offer; (3) a meeting of the minds; (4) each party's consent to the term; and (5) execution and delivery of the contract with the intent that it be mutual and binding. [read post]
11 Sep 2011, 5:30 pm
(Absent specific authority to do so) an arbitrator has no power to affect the rights of non-parties; and 3. [read post]
8 Jan 2020, 6:54 am
The National Labor Relations Board recently overturned a decision issued in 2014 and returned to its time-honored standard for post-arbitral deferral in unfair labor practice cases alleging discipline or discharge in violation of Sections 8(a)(1) and (3) of the National Labor Relations Act (NLRA). [read post]
15 Jul 2009, 12:42 pm
The Minnesota Attorney General has filed a lawsuit against one of the big private arbitration companies, the National Arbitration Forum (NAF), alleging their arbitration process is rigged in favor of big businesses who pay it big bucks. [read post]
17 May 2024, 1:17 pm
On May 16, 2024, the United States Supreme Court resolved a circuit split regarding whether Section 3 of the Federal Arbitration Act (“FAA”) provides trial courts the discretion to dismiss a lawsuit when all claims are subject to arbitration. [read post]
4 Oct 2011, 9:02 am
THE INSTITUTE FOR TRANSNATIONAL ARBITRATION 1st Annual Winter Forum STANFORD COURT RENAISSANCE SAN FRANCISCO HOTEL SAN FRANCISCO, CALIFORNIA February 2-3, 2012 CALL FOR PAPERS In collaboration with the Academic Council, the Executive Committee and the Young Arbitrators Initiative of the Institute for Transnational Arbitration (ITA) are proud to announce the creation of a new annual Winter Forum. [read post]
11 Feb 2010, 5:59 pm
Let me try again, the Supreme Court will determine whether an arbitration clause requiring an arbitrator to determine whether an arbitration agreement is unconscionable is enforceable. [read post]
1 May 2016, 9:00 pm
When insurance companies like Allstate, Progressive and Liberty Mutual (these 3 in particular) want to make ridiculous low-ball offers by cutting the lost wage claim, cutting the medical bills and reducing the pain and suffering, my office often moves right to arbitration. [read post]
29 Mar 2021, 12:24 pm
Corp., 664 So. 2d 332 (Fla. 1st DCA 1995) (“[T]he purpose of rule 9.130(a)(3)(C)(v) is to afford appellate review before a party enters into arbitration”). [read post]
