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12 Oct 2023, 5:00 am by Public Employment Law Press
Noting that judicial review of an arbitration award "is extremely limited", the Appellate Division, citing Hackett v Milbank, Tweed, Hadley & McCloy, 86 NY2d 146, explained that under CPLR 7511, "an [arbitration] award may be vacated only if (1) the rights of a party were prejudiced by corruption, fraud or misconduct in procuring the award, or by the partiality of the arbitrator; (2) the arbitrator exceeded his or her power or failed to make a… [read post]
12 Oct 2023, 3:20 am
 Dispute Resolution: In case of disputes, the agreement may specify a dispute resolution process, including mediation, arbitration, or litigation. 4. [read post]
11 Oct 2023, 3:30 pm by Jacob Fishman
It includes the Supreme Court’s embrace of disgorgement of profits in an interstate-compact case, exploration of problems associated with electronic contracting, coverage of California’s Right to Repair Act, and an updated discussion of the Federal Arbitration Act’s preemption of state law defenses to class actions waivers in arbitration clauses. [read post]
11 Oct 2023, 6:51 am by Dan Bressler
‘Parties often put arbitration clauses in their agreements, in those clauses they have to mediate before they arbitrate,’ she said. [read post]
10 Oct 2023, 2:47 pm
When this year started, the world of arbitration stays looked like this: In federal courts there was a split, with the law in the 9th Circuit being that if you appealed the denial of a motion to compel arbitration, there was no automatic stay of the litigation pending the appeal; you had to seek such a stay from the district court judge (and if that failed, the circuit). [read post]
10 Oct 2023, 4:56 am by Steven Schwartzapfel
Represent you in court or arbitration meetings, depending on the form your legal case takes. [read post]
9 Oct 2023, 11:00 pm by Sherica Celine
High Court Makes It Easier Podcast (Law 360) AI Regulations Hit New York City Podcast (Ryan Kurtz) Runaway Juries in Employment Litigation Podcast (Anthony Oncidi) Is L&E Arbitration the Answer? [read post]
9 Oct 2023, 3:31 pm by Banks Law Office
Weiss complained that the arbitrators had been biased against him just because the arbitrators asked his witnesses difficult questions (which is, in reality, part of the arbitrators’ job). [read post]
9 Oct 2023, 3:08 pm by Seyfarth Shaw LLP
”  In addition to vacating the district court’s class certification rulings, the Tenth Circuit reversed the district court’s denial of the employer’s motion to compel certain plaintiffs to arbitrate their California state-law claims. [read post]
9 Oct 2023, 1:52 pm by Richard Reibstein Esq.
The company’s motion to compel arbitration, however, was contested by the distributors who questioned the ‎validity of the arbitration provisions. [read post]
9 Oct 2023, 1:21 pm
In today's public customer FINRA arbitration, we have a failed second-bite of the same wormy Merrill Lynch apple. [read post]
9 Oct 2023, 4:32 am by Jeremy Telman
Introducing The Gatekeepers of the Federal Arbitration Act: An Empirical Analysis of the FAA in the ‎Lower Courts A guest post by Tamar Meshel (below left) and Moin Yahya (below right): Arbitration has become a divisive issue both in the... [read post]
8 Oct 2023, 5:37 pm by Jacob Katz Cogan
Arman Sarvarian, Invoking the Paris Agreement in Investor-State Arbitration NotesBarton Legum & Clara Motin, The Essential Qualities for an Arbitrator Tobias Ackermann & Sebastian Wuschka, The Applicability of Investment Treaties in the Context of Russia’s Aggression against Ukraine Zachary Douglas, The Umbrella Clause Revisited       [read post]
8 Oct 2023, 9:13 am by Alec
They might involve negotiations, mediation, buyouts, or a court-ordered property sale (in extreme cases). [read post]
7 Oct 2023, 11:58 pm by Frank Cranmer
Race, feminism and the Grainger criteria At a preliminary hearing in Mr S Corby v Advisory, Conciliation and Arbitration Service [2023] ET 1805305/2022, Mr Corby claimed that he held philosophical beliefs that challenged critical theory in general and a belief in the importance of character over race. [read post]
7 Oct 2023, 2:45 pm by Mavrick Law Firm
The Mavrick Law Firm represents businesses and their owners in breach of contract litigation and related claims of fraud, non-compete agreement litigation, trade secret litigation, trademark infringement litigation, employment litigation, and other legal disputes in federal and state courts and in arbitration. [read post]
7 Oct 2023, 1:45 pm by Lindsey Busfield, PMP
In the personal injury world, the majority of your cases will be settled out of court, but there are some of those complex cases that will require mediation or court proceedings. [read post]