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26 Aug 2010, 5:07 am
Lewis & Clark Law Review Volume 14, Number 3, Fall 2010 Symposium The Supreme Court and Arbitration Edward Brunet, An Introduction to the Symposium, p. 821. [read post]
9 Jun 2017, 9:19 pm
Here's the abstract: Arbitrators as Lawmakers analyses how arbitrators make rules that guide, constrain, and define the process and substance of international arbitration. [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]
28 Jul 2018, 6:00 am
George Friedman, Adjunct Professor of Law at Fordham University School of Law, has published “SCOTUS Rules in Epic Systems: What It Means for Securities Arbitration,” Securities Arbitration Commentator, Vol. 2018, No. 3. [read post]
13 Mar 2022, 8:49 pm
On March 3, President Joe Biden signed into law one of the most significant modifications ever made to federal arbitration law. [read post]
17 May 2012, 4:52 am
As discussed by the ADR Prof Blog, on May 3, the SEC approved the proposed rule change to amend FINRA’s Customer and Industry Codes of Arbitration Procedure to raise the limit for simplified arbitration from $25,000 to $50,000. [read post]
11 Aug 2010, 11:03 pm
The court cited six factors to consider when determining whether a party has waived such rights:(1) whether the party's actions are inconsistent with the right to arbitrate;(2) whether “the litigation machinery has been substantially invoked” and the parties “were well into preparation of a lawsuit” before the party notified the opposing party of an intent to arbitrate;(3) whether a party either requested arbitration enforcement close… [read post]
21 Dec 2015, 1:39 pm
The 6-3 decision on December 14 came in the case of DIRECTV, Inc. v. [read post]
28 Apr 2015, 12:29 pm
Leach's subcontractors, Power Design, Inc. and Atlas Comfort Systems USA, LLC[3] (collectively, the Subcontractors); and (3) an engineering contractor, CHP & Associates Consulting Engineers, Inc., and its employee Mark Janneck (collectively, the Engineers).[4] Sapphire, in turn, promptly amended its petition to name these parties as defendants, alleging that their negligence and contractual breaches resulted in construction defects that caused the condominium project to… [read post]
20 Jun 2013, 2:08 pm
The Supreme Court, dividing along ideological lines (with Justice Sotomayor not taking part in the decision), rejected that argument in a 5-3 opinion authored by Justice Scalia and upheld the waiver. [read post]
6 Nov 2023, 6:00 am
The Arbitrator was to decide whether the Employer had just cause for disciplining the employee and, if so, whether termination was the appropriate penalty.The Arbitrator found that the Employer [1] had just cause to discipline Employee; [2] the Employee's actions created "adverse criticism" for the Employer; and [3] based on compelling mitigating factors, the appropriate penalty was a time-served suspension without pay rather than termination.The Employer… [read post]
6 Nov 2023, 6:00 am
The Arbitrator was to decide whether the Employer had just cause for disciplining the employee and, if so, whether termination was the appropriate penalty.The Arbitrator found that the Employer [1] had just cause to discipline Employee; [2] the Employee's actions created "adverse criticism" for the Employer; and [3] based on compelling mitigating factors, the appropriate penalty was a time-served suspension without pay rather than termination.The Employer… [read post]
19 Nov 2012, 8:33 am
Its later attempt to do so was served outside the limitation period. 3. [read post]
27 Aug 2010, 2:49 pm
Most arbitrations are binding on the parties, meaning that the arbitration decision (known as an arbitration award) is enforceable through the courts. [read post]
4 Mar 2022, 11:00 am
Stated simply, as of March 3, 2022, employees subject to an arbitration agreement who bring claims involving sexual harassment or sexual assault cannot be compelled to arbitration on those claims — even if the agreement says otherwise. [read post]
16 Jul 2012, 1:52 pm
See Heintzman and Goldsmith, Canadian Building Contracts (4th ed.), Chapter 10, Part 3 International Arbitration - Setting Aside Arbitration Award - Fraud or Misconduct Chantiers de l’Atlantique S.A. v. [read post]
1 Nov 2010, 2:36 pm
Column (3) containing “Names of other parties to arbitration agreement with addresses” cannot be considered to be an assertion or declaration about the existence of an arbitration agreement between the first respondent and appellant. [read post]
22 Aug 2013, 2:42 pm
Within Florida Statute 44.104 are rules that include: (2) … In the absence of an agreement, or if the agreement method fails or for any reason cannot be followed, the court, on application of a party, shall appoint one or more qualified arbitrators, or the trial resolution judge, as the case requires…. (3) The arbitrators or trial resolution judge shall be compensated by the parties according to their agreement…. (7) The chief… [read post]
10 Sep 2014, 6:19 pm
. - Law) has posted Arbitrability Decisions Before, During, and after Arbitration. [read post]
28 Apr 2015, 12:29 pm
Leach's subcontractors, Power Design, Inc. and Atlas Comfort Systems USA, LLC[3] (collectively, the Subcontractors); and (3) an engineering contractor, CHP & Associates Consulting Engineers, Inc., and its employee Mark Janneck (collectively, the Engineers).[4] Sapphire, in turn, promptly amended its petition to name these parties as defendants, alleging that their negligence and contractual breaches resulted in construction defects that caused the condominium project to… [read post]
