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15 Oct 2014, 6:22 pm
The elements of a valid contract, including contracts to arbitrate, are (1) an offer, (2) an acceptance, (3) a meeting of the minds, (4) each party's consent to the terms, and (5) execution and delivery of the contract with the intent that it be mutual and binding. [read post]
25 Dec 2022, 8:00 pm
The latest issue of Arbitration International (Vol. 38, no. 3, September 2022) is out. [read post]
15 Apr 2020, 5:00 am
” Pennsylvania Law Weekly (March 3, 2020). [read post]
23 Sep 2020, 2:26 pm
The latest issue of Arbitration International (Vol. 36, no. 3, September 2020) is out. [read post]
5 Aug 2010, 4:31 am
As the Town of Hempstead case demonstrates, the court must be persuaded that (1) the demand for arbitration was untimely, or (2) that the subject matter of the grievance was not arbitrable, or (3) both.In the Hempstead case, the court ordered the town to arbitrate a grievance in which an employee claimed he was denied seniority rights.CSEA concluded that an employee who had less seniority than Fernando Avolio was promoted to the position of Dockmaster. [read post]
11 Mar 2015, 11:16 am
This presumption is based upon the presumptions that 1) signators read contracts before signing, 2) they have the time and knowledge to understand the implications of the arbitration provision, and 3) they have a viable ability to opt-out of agreeing to the provision. [read post]
25 Jun 2021, 7:39 am
This presumption is based upon the presumptions that 1) signators read contracts before signing, 2) they have the time and knowledge to understand the implications of the arbitration provision, and 3) they have a viable ability to opt-out of agreeing to the provision. [read post]
4 Apr 2012, 5:22 pm
An express prohibition against class arbitration is not required for an arbitrator to deny it. 3. [read post]
24 May 2022, 4:33 am
§ 3. [read post]
15 Aug 2011, 5:43 am
The Institute for Transnational Arbitration has issued a call for papers for its First Annual Winter Forum, to be held February 2-3, 2012, in San Francisco: THE INSTITUTE FOR TRANSNATIONAL ARBITRATION 1st Annual Winter Forum SAN FRANCISCO, CALIFORNIA INTERCONTINENTAL MARK HOPKINS SAN FRANCISCO February 2-3, 2012 CALL FOR PAPERS In collaboration with the Academic Council, the Executive Committee and the Young Arbitrators Initiative of the… [read post]
12 Sep 2015, 9:38 pm
The latest issue of Arbitration International (Vol. 31, no. 3, September 2015) is out. [read post]
13 Apr 2016, 6:07 am
The English decision was based upon section 14(3)-(5) of the English Arbitration Act, 1990 which states as follows: (3) Where the arbitrator is named or designated in the arbitration agreement, arbitral proceedings are commenced in respect of a matter when one party serves on the other party or parties a notice in writing requiring him or them to submit that matter to the person so named or designated. (4) Where the arbitrator or… [read post]
15 Nov 2019, 8:20 am
The latest issue of Arbitration International (Vol. 35, no. 3, September 2019) is out. [read post]
3 Jan 2013, 1:29 pm
Bankruptcy Claims May be Arbitrated A Compelling Arbitration Case: Court Grants Motion to Compel Arbitration for Both Bankruptcy and Non-Bankruptcy Issues Laura Napoli on January 3, 2013 · Weil Gotshal & Manges, LLP Blog In MicroBilt Corp. v. [read post]
2 Feb 2012, 1:49 pm
The panel consisted of Robert Herzog (team wins - 3, player wins - 2), Elizabeth Neumeier (team wins - 17, player wins - 10), and first-time baseball arbitrator John Skonier.Today the Tampa Bay Rays went to a hearing with Jeff Niemann. [read post]
12 Jul 2012, 5:36 am
According to the article, after the 3-person arbitration panel awarded the customer $520,000, Merrill Lynch complained to FINRA. [read post]
27 Nov 2023, 4:00 am
”Under the governing statute, an arbitration award may only be vacated 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 final and definite award; or (3) the arbitration suffered from an unwaived procedural defect. [read post]
27 Apr 2010, 7:23 am
" The Court split 5-3,... [read post]
1 Dec 2017, 4:00 am
"Article 75 of the CPLR provides that an arbitration award may be vacated if the court finds that the rights of a party were prejudiced by (1) corruption, fraud, or misconduct in procuring the award; (2) partiality of an arbitrator; (3) the arbitrator exceeded his or her power; or (4) the arbitrator failed to follow the procedures mandated by Article 75. [read post]
1 Dec 2017, 4:00 am
"Article 75 of the CPLR provides that an arbitration award may be vacated if the court finds that the rights of a party were prejudiced by (1) corruption, fraud, or misconduct in procuring the award; (2) partiality of an arbitrator; (3) the arbitrator exceeded his or her power; or (4) the arbitrator failed to follow the procedures mandated by Article 75. [read post]
