Search for: "Matulis Mediation | Arbitration"
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7 Aug 2020, 6:39 am
Now is the time to update the arbitration provisions in your contracts to take advantage of these changes the next time you have to arbitrate a dispute.Zooming arbitration hearingsThe standard arbitration hearing has always involved the parties, attorneys, witnesses, and arbitrators together in the same room, similar to an informal trial setting. [read post]
15 Aug 2014, 2:46 pm
Yet arbitration is itself the subject of much litigation over who must arbitrate, what must be arbitrated, whether and how the arbitration should proceed, and the deference courts must show to arbitration awards. [read post]
7 Aug 2007, 3:51 pm
Building on its recent Tacoma Narrows case summarized in our April 25 post, Division 2 here again affirms that the scope of an arbitration clause -- i.e., whether a particular dispute falls within the clause or not -- is for the court to decide, unless the parties have stated otherwise in the arbitration agreement. [read post]
22 Oct 2019, 5:24 am
Special attention is paid to contemporary convergences with arbitration and mediation and the controversial mixture of arbitration and mediation — mediation processes that include aspects of mediation within arbitration and arbitration within mediation. [read post]
24 Oct 2022, 3:48 am
Second, doubts concerning the scope of arbitrable issues will be resolved in favor of the party seeking arbitration. [read post]
29 Aug 2022, 2:05 pm
What does it mean to win in arbitration? [read post]
2 Feb 2023, 10:52 pm
The arbitration boom. [read post]
16 Feb 2016, 7:01 am
” The parties entered into a mediation/arbitration agreement and that agreement provided that “the decision of the Arbitrator is final and binding, with no right of appeal. [read post]
1 Mar 2013, 3:12 pm
The NASD's rules indicated that conducting arbitration "under the then applicable provisions of the code of arbitration procedure of NASD" mandated arbitration before the NASD itself. [read post]
28 Nov 2011, 6:52 am
Does an arbitral tribunal have authority to dismiss an arbitration claim for want of prosecution? [read post]
28 Nov 2011, 7:36 am
Does an arbitral tribunal have authority to dismiss an arbitration claim for want of prosecution? [read post]
22 Dec 2010, 9:22 am
The statistical results of the public arbitrator pilot program suggests however that this bias or prejudice on the part of the industry arbitrator is very real where customer claims before arbitration panels consisting of all public arbitrators are almost 50% more likely to settle, or almost 40% more likely to win an Award than those cases where an industry arbitrator also serves on the arbitration panel. [read post]
16 Jul 2012, 1:52 pm
The arbitral tribunal dismissed the arbitral proceeding. [read post]
19 Apr 2010, 9:09 am
To determine whether a named arbitrator is an integral part of the arbitration agreement, the court must look to the "essence" of the arbitration agreement. [read post]
22 Jan 2012, 2:10 pm
What margin of error does an arbitrator have? [read post]
19 Jul 2016, 9:00 am
Thus, the plaintiffs' request for injunctive relief was denied and the question of arbitrability of the breach of fiduciary claim was referred to arbitration. [read post]
21 Jun 2010, 9:38 am
Jackson, in which the Court held, 5-4, that if an arbitration agreement provides that an arbitrator will decide all issues pertaining to enforceability, an arbitrator -- not a court -- must decide... [read post]
9 Nov 2010, 6:01 am
Dan and I have written about arbitration agreements at length in both the employment and health care context.Here is an article about nursing homes and arbitration. [read post]
22 Aug 2013, 2:42 pm
” The Sample Arbitration Clause for Wills and Trusts from the AAA: In order to save the cost of court proceedings and promote the prompt and final resolution of any dispute regarding the interpretation of my will (or my trust) or the administration of my estate or any trust under my will (or my trust), I direct that any such dispute shall be settled by arbitration administered by the American Arbitration Association® under its AAA Wills and Trusts… [read post]
15 Sep 2020, 12:00 pm
With arbitration becoming a […] [read post]
