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15 Feb 2019, 12:54 am
The Arbitration and Conciliation Act, 1996 (“Act”) under Section 34(3) provides for a specific statutory limitation of filing an application for setting aside of an arbitral award. [read post]
6 Aug 2007, 8:56 pm
Originally the hearing was scheduled at a location more than 3 hours away from my office. [read post]
30 Sep 2009, 10:11 am
"On May 3, 2006, Lynn filed an “Opposed Supplemental Motion for Recusal of the Arbitrator. [read post]
22 Jul 2010, 3:15 pm
The arbitrator first found that the grievance was arbitrable. [read post]
10 Jul 2016, 6:55 am
As a result, the arbitrator dismissed charges 1 and 5. [read post]
1 Apr 2014, 5:30 am
Horton and issued an opinion on December 3, 2013. [read post]
8 Nov 2023, 1:26 pm
On November 3, 2023, the United States Supreme Court granted a writ for certiorari in Coinbase Inc. v. [read post]
28 Sep 2020, 4:39 pm
” Article II(3) of the Convention, the Court pointed out, “contains no exclusionary language; it does not state that arbitration agreements shall be enforced only in the identified circumstances. [read post]
8 May 2009, 4:15 am
"The court explained that:(1) the parties' agreement to arbitrate in this case was sufficiently broad to confer equitable authority on the arbitrators to sanction a party's bad faith participation in the arbitration;(2) an arbitrator's identification of bad faith gives rise to an exception to the generally applicable American Rule that each party bears its own attorney's fees; and(3) the statement of the American Rule in the… [read post]
28 Apr 2009, 9:09 am
(3) Attend Arbitration Day on April 29th in Washington, D.C. [read post]
15 Feb 2016, 4:41 am
RULE 5:3-8 REVIEW AND ENFORCEMENT OF ARBITRATION AWARDS New Court Rule 5:3-8 deals with the Court’s review and enforcement of arbitration awards. [read post]
29 Apr 2010, 9:00 pm
In a 5-3 decision (Justice Sotomayor took no part in the decision), the Court holds that public policy prevents arbitration at least where the contract is... [read post]
7 Feb 2017, 8:47 am
Additionally, the party who does not want to sign a contract with an arbitration provision could easily walk away from the deal and work with someone else instead. 3. [read post]
27 Apr 2010, 10:49 am
Supreme Court, 5-3, Refuses Grant of Class Arbitration Absent Agreement :: Stolt-Nielsen S.A. v. [read post]
2 Jul 2012, 9:14 am
The purchase contract required arbitration, so the court ordered the case to arbitration. [read post]
27 May 2015, 9:18 pm
The latest issue of the Journal of International Arbitration (Vol. 32, no. 3, 2015) is out. [read post]
23 Sep 2019, 2:36 pm
There a number of differences between a Simplified Arbitration and what I will refer to as a traditional arbitration. [read post]
6 Feb 2014, 4:05 am
" Accordingly, said the court, "An arbitration award must be upheld when the arbitrator offer[s] even a barely colorable justification for the outcome reached" Further, the Appellate Division noted that the Court of Appeals has recognized "three narrow grounds that may form the basis for vacating an arbitrator's award: [1] that it violates public policy; [2] that it is irrational, or [3] that it clearly exceeds a specifically enumerated… [read post]
27 Apr 2010, 3:18 am
Based on the foregoing, we hold that in this context, the issue of a litigant's financial ability is to be resolved on a case-by-case basis and that the inquiry should at minimum consider the following questions: (1) whether the litigant can pay the arbitration fees and costs; (2) what is the expected cost differential between arbitration and litigation in court; and (3) whether the cost differential is so substantial as to deter the bringing of claims in the… [read post]
19 Jul 2016, 8:07 am
Anyone who does so faces vacatur and in extreme cases a finding that the action is “misconduct” under FAA § 10(a)(3). [read post]
