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Arbitration
Constitutional Conundrums in Arbitration
April 19, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow at the University of Missouri School of Law‘sCenter for the Study...
April 19, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow at the University of Missouri School of Law‘sCenter for the Study...
Arbitral Immunity and Judicial Review of Arbitral Awards Create Ethical Loopholes in Arbitration
April 19, 2013
Arbitration’s interesting status as quasi-independent of the court system has created perplexing ethical dilemmas. On the one hand, arbitration has been considered separate from the legal system in many important regards, allowing parties the opportunity to receive adjudication in a confidential forum by an expert decision-maker. On the other hand, the rules and expectations of litigation are slowly creeping into arbitration, including discovery and motion practice. Recently, courts have (rightly)...
April 19, 2013
Arbitration’s interesting status as quasi-independent of the court system has created perplexing ethical dilemmas. On the one hand, arbitration has been considered separate from the legal system in many important regards, allowing parties the opportunity to receive adjudication in a confidential forum by an expert decision-maker. On the other hand, the rules and expectations of litigation are slowly creeping into arbitration, including discovery and motion practice. Recently, courts have (rightly)...
What Constitutes Waiver of a Right to Arbitrate under the FAA?
April 17, 2013
It is well established that courts generally enforce the strong federal policy in favor of arbitration. That is not to say, however, that a court will automatically dismiss a case subject to an arbitration clause in favor of alternate dispute resolution. Before doing so, the court must first determine whether a party has relinquished its right to arbitrate and what standard to use in making that determination. Section 3 of the Federal Arbitration Act (FAA),9 U.S.C. § 3 , states that where there...
April 17, 2013
It is well established that courts generally enforce the strong federal policy in favor of arbitration. That is not to say, however, that a court will automatically dismiss a case subject to an arbitration clause in favor of alternate dispute resolution. Before doing so, the court must first determine whether a party has relinquished its right to arbitrate and what standard to use in making that determination. Section 3 of the Federal Arbitration Act (FAA),9 U.S.C. § 3 , states that where there...
The Supreme Court and the Future of Arbitration
April 9, 2013
At the 2012 AALS meetings Ron Aronovsky (Southwestern) organized the ADR Section’s program entitled The Supreme Court and the Future of Arbitration. Here’s a short blurb describing the program. Over the past twenty five years, the range of disputes subject to binding arbitration – particularly as a result of pre-dispute arbitration agreements — has grown dramatically. The U.S. Supreme Court has issued a series of arbitration law decisions on such topics as the availability of class...
April 9, 2013
At the 2012 AALS meetings Ron Aronovsky (Southwestern) organized the ADR Section’s program entitled The Supreme Court and the Future of Arbitration. Here’s a short blurb describing the program. Over the past twenty five years, the range of disputes subject to binding arbitration – particularly as a result of pre-dispute arbitration agreements — has grown dramatically. The U.S. Supreme Court has issued a series of arbitration law decisions on such topics as the availability of class...
The Only Five Good Reasons To Put Arbitration In Your Contract
January 28, 2013
The Only Five Good Reasons To Put Arbitration In Your Contract http://arbitrationnation.com/the-only-four-good-reasons-to-put-arbitration-in-your-contract/
January 28, 2013
The Only Five Good Reasons To Put Arbitration In Your Contract http://arbitrationnation.com/the-only-four-good-reasons-to-put-arbitration-in-your-contract/
Arbitration and the Law | Arbitration Nation: 2012 in Arbitration Law: Is Class Arbitration Naughty or Nice?
January 15, 2013
Arbitration and the Law | Arbitration Nation: 2012 in Arbitration Law: Is Class Arbitration Naughty or Nice? http://goo.gl/VBCTt
January 15, 2013
Arbitration and the Law | Arbitration Nation: 2012 in Arbitration Law: Is Class Arbitration Naughty or Nice? http://goo.gl/VBCTt
Disputing: Fifth Circuit Affirms District Court Order to Compel Arbitration Under Albemarle’s CBA
January 15, 2013
Disputing: Fifth Circuit Affirms District Court Order to Compel Arbitration Under Albemarle’s CBA http://goo.gl/NytWA
January 15, 2013
Disputing: Fifth Circuit Affirms District Court Order to Compel Arbitration Under Albemarle’s CBA http://goo.gl/NytWA
Arbitration and the Law | Arbitration Nation: Preview of SCOTUS’s 2013 Double-Feature on Class Arbitration
January 14, 2013
Arbitration and the Law | Arbitration Nation: Preview of SCOTUS’s 2013 Double-Feature on Class Arbitration http://goo.gl/Xj6gr
January 14, 2013
Arbitration and the Law | Arbitration Nation: Preview of SCOTUS’s 2013 Double-Feature on Class Arbitration http://goo.gl/Xj6gr
Kluwer Arbitration Blog: ICSID Arbitration: Should a State be Liable for the Conduct of a State University?
January 11, 2013
Kluwer Arbitration Blog: ICSID Arbitration: Should a State be Liable for the Conduct of a State University? http://goo.gl/LGwIS
January 11, 2013
Kluwer Arbitration Blog: ICSID Arbitration: Should a State be Liable for the Conduct of a State University? http://goo.gl/LGwIS
Reinsurance Focus: THIRD CIRCUIT REVERSES ORDER COMPELLING ARBITRATION, FINDING WAIVER AFTER TEN MONTHS OF LITIGATION
January 9, 2013
Reinsurance Focus: THIRD CIRCUIT REVERSES ORDER COMPELLING ARBITRATION, FINDING WAIVER AFTER TEN MONTHS OF LITIGATION http://goo.gl/XGQBO
January 9, 2013
Reinsurance Focus: THIRD CIRCUIT REVERSES ORDER COMPELLING ARBITRATION, FINDING WAIVER AFTER TEN MONTHS OF LITIGATION http://goo.gl/XGQBO
