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16 Sep 2014, 1:13 am by Editors
Read: Comparing Arbitration Services from 3 Top Providers at CorpCounsel (reg. req.) [read post]
7 Mar 2013, 2:02 pm by Herb Silber
Pursuant to section 18(3) of the Act, a court may appoint an arbitrator to replace one removed under section 18(1) and the effect of an appointment of an arbitrator under subsection (3) is as if the appointment had been made pursuant to the initial arbitration agreement The Supreme Court of British Columbia in considering section 18 has held that the words “corrupt” and “fraudulent” were to be given their ordinary… [read post]
5 Oct 2009, 4:17 am
The latest issue of the World Arbitration and Mediation Review (Vol. 3, no. 1, 2009) is out. [read post]
1 Dec 2013, 5:24 pm by Thomas G. Heintzman
First, the latter two statutes give the court the power to award a different rate of interest (Alberta, section 2(3); Ontario section 130(1)(b)). [read post]
7 Jun 2012, 10:36 pm by Badrinath Srinivasan
Even so the court appointed a retired judge of the Madras High Court as arbitrator considering that (1) the CMD had directly dealt with the entire contract (2) the appointed arbitrator was a direct subordinate to the CMD (3) there was a reasonable apprehension of partiality as the CMD had dealt with the entire contract. [read post]
4 Apr 2022, 1:28 pm by Nikki Mayo
This bill was signed into law by President Biden on March 3, 2022. [read post]
19 Jul 2010, 8:19 am by Securites Lawprof
FINRA recently announced an extension of its voluntary pilot program of allowing investors in arbitrations with 3-person arbitration panels against participating firms to select all-Public Arbitrator panels. [read post]
19 Sep 2014, 12:24 pm
While that law addresses court business, the court in this case extended that rule to arbitration, because "arbitrators perform a judicial function. [read post]
26 Jan 2018, 12:05 am by Badrinath Srinivasan
Though it contains a provision (Section 3) by virtue of it, the provisions of the Act do not apply to certain premises but that does not mean that the Arbitration Act, ipso facto, would be applicable to such premises conferring jurisdiction on the arbitrator to decide the eviction/rent disputes. [read post]
7 Jan 2015, 3:04 pm by David Cosgrove
  These facts are known to any reasonably informed arbitrator:1)      The FINRA Member, or private party that inserted AAA or JAMS in to its commercial contract, has a procedural right to strike and rank potential arbitrators, without cause or explanation.2)      The FINRA Member or private party will have access to the details and magnitude of the arbitrator's prior compensatory, punitive, cost and fee… [read post]
28 Nov 2011, 7:36 am by Tom Heintzman
  The wording is also the same as Rule 34(3) of the B.C. [read post]
28 Jan 2019, 8:29 am by Michael R. McDonald and Genna A. Conti
” She reasoned, consistent with Stolt-Nielson: (1) the language of the agreement was “sufficient to conclude that there was implicit consent to assertion of class claims in arbitration even though the word ‘class’ was not expressly used in the Agreements;” (2) “other factors,” such as the sophistication of the parties, the fact that Wells Fargo authored the Agreement, and because class arbitration claims were not novel at the time the… [read post]
The legislation amends the Federal Arbitration Act (FAA) and will be effective for any disputes or claims arising on or after March 3. [read post]
The legislation amends the Federal Arbitration Act (FAA) and will be effective for any disputes or claims arising on or after March 3. [read post]