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Arbitration
Is Wrongful Death Lawsuit Subject to Arbitration?
July 25, 2013
Over at health law prof blog, Katharine Van Tassel reports about a cert petition filed at the Supreme Court. I hope the Court takes the case! See http://lawprofessors.typepad.com/healthlawprof_blog/ (July 7th post) “In early 2013, a nursing home operator filed a writ of certiorari asking the U.S. Supreme Court to determine whether state courts can refuse to enforce an arbitration agreement signed by the now deceased resident in a wrongful death action brought by the resident’s survivors under...
July 25, 2013
Over at health law prof blog, Katharine Van Tassel reports about a cert petition filed at the Supreme Court. I hope the Court takes the case! See http://lawprofessors.typepad.com/healthlawprof_blog/ (July 7th post) “In early 2013, a nursing home operator filed a writ of certiorari asking the U.S. Supreme Court to determine whether state courts can refuse to enforce an arbitration agreement signed by the now deceased resident in a wrongful death action brought by the resident’s survivors under...
12 Ways to Achieve Efficiency and Speed in Arbitration
July 25, 2013
Disputing would like to bring to your attention a useful article written by Houston-based International Arbitrator and Distinguished Neutral Gary McGowan entitled, 12 Ways to Achieve Efficiency and Speed in Arbitration, Corporate Counsel (April 12, 2013). In the article, Gary addresses the increasing concern that arbitration has become too lengthy and costly by offering 12 valuable suggestions for corporate counsel to utilize in order to rein in the process. Those suggestions include engaging...
July 25, 2013
Disputing would like to bring to your attention a useful article written by Houston-based International Arbitrator and Distinguished Neutral Gary McGowan entitled, 12 Ways to Achieve Efficiency and Speed in Arbitration, Corporate Counsel (April 12, 2013). In the article, Gary addresses the increasing concern that arbitration has become too lengthy and costly by offering 12 valuable suggestions for corporate counsel to utilize in order to rein in the process. Those suggestions include engaging...
U.S. Supreme Court Grants Certiorari in Arbitration Dispute Involving Investment Treaty
July 24, 2013
On Monday, the United States Supreme Court agreed to hear BG Group PLC v. Republic of Argentina, No. 12-138. In the case, the Republic of Argentina argued an arbitrator exceeded his authority by ignoring the terms of a bilateral investment treaty between the nation and the United Kingdom. The treaty provides that arbitration may take place only if a dispute is not resolved within 18 months of a filing in the host nation’s courts. Argentina alleged that “BG Group, PLC, a British corporation...
July 24, 2013
On Monday, the United States Supreme Court agreed to hear BG Group PLC v. Republic of Argentina, No. 12-138. In the case, the Republic of Argentina argued an arbitrator exceeded his authority by ignoring the terms of a bilateral investment treaty between the nation and the United Kingdom. The treaty provides that arbitration may take place only if a dispute is not resolved within 18 months of a filing in the host nation’s courts. Argentina alleged that “BG Group, PLC, a British corporation...
Thoughts on the Constitutionality of the Delaware Arbitration Program
July 23, 2013
This is the final installment in a three-part overview of Pepperdine University School of Law Professor Thomas Stipanowich’s newly published paper entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program,” Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10. Part One provided a brief overview of the Delaware Arbitration Program. Part Two discussed a constitutional...
July 23, 2013
This is the final installment in a three-part overview of Pepperdine University School of Law Professor Thomas Stipanowich’s newly published paper entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program,” Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10. Part One provided a brief overview of the Delaware Arbitration Program. Part Two discussed a constitutional...
If “Grave Error” Is Not Enough to Vacate An Arbitrator’s Decision, What Is?
July 22, 2013
The recent Sutter decision drives home repeatedly that a court may not vacate an arbitrator’s decision under the FAA just...
July 22, 2013
The recent Sutter decision drives home repeatedly that a court may not vacate an arbitrator’s decision under the FAA just...
SCOTUS Affirms Arbitrator’s Decision To Allow Class Arbitration in Sutter
July 19, 2013
The U.S. Supreme Court issued its decision in Sutter today, unanimously holding that as long as the arbitrator bases a decision to allow or disallow class arbitration on the text of the parties’ agreement, her “construction holds, however good, bad, or ugly.” Oxford Health Plans LLC v. Sutter, 569 U.S. ___ (June 10, 2013). The case resolved a circuit split on how to interpret SCOTUS’ Stolt-Nielsen decision. It also proved me right (yahoo!). (I predicted the Court would affirm...
July 19, 2013
The U.S. Supreme Court issued its decision in Sutter today, unanimously holding that as long as the arbitrator bases a decision to allow or disallow class arbitration on the text of the parties’ agreement, her “construction holds, however good, bad, or ugly.” Oxford Health Plans LLC v. Sutter, 569 U.S. ___ (June 10, 2013). The case resolved a circuit split on how to interpret SCOTUS’ Stolt-Nielsen decision. It also proved me right (yahoo!). (I predicted the Court would affirm...
In Quest of the Arbitration Trifecta, or Closed Door Litigation?
July 19, 2013
Pepperdine University School of Law Professor Thomas J. Stipanowich has published In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program, Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10. In his article, Professor Stipanowich examines the Delaware Arbitration Program. The unique and voluntary program was established and implemented in 2009 in order to settle disputes between...
July 19, 2013
Pepperdine University School of Law Professor Thomas J. Stipanowich has published In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program, Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10. In his article, Professor Stipanowich examines the Delaware Arbitration Program. The unique and voluntary program was established and implemented in 2009 in order to settle disputes between...
SEC Seeks Public Comment on Arbitrator Selection Rule Proposal
July 19, 2013
The SEC has published for public comment a rule change proposal filed by FINRA to alter the arbitrator selection method in three-arbitrator customer cases. Comments are due by July 11, 2013. Currently, customers must elect a panel composition method at the beginning of a case, with the default method being the Majority Public Panel option that results in one non-public (i.e. securities industry-affiliated) arbitrator sitting on a three-arbitrator panel. Currently , customers can opt out of that...
July 19, 2013
The SEC has published for public comment a rule change proposal filed by FINRA to alter the arbitrator selection method in three-arbitrator customer cases. Comments are due by July 11, 2013. Currently, customers must elect a panel composition method at the beginning of a case, with the default method being the Majority Public Panel option that results in one non-public (i.e. securities industry-affiliated) arbitrator sitting on a three-arbitrator panel. Currently , customers can opt out of that...
Massachusetts Invalidates Arbitration Agreement Because Plaintiffs Could Not Effectively Pursue Small Value Claims
July 18, 2013
As we were waiting for SCOTUS’s decision in AmEx, we got a decision on vindicating statutory rights from a different high court: the Supreme Judicial Court of Massachusetts. In an opinion that could be a blueprint for other plaintiff-friendly states, the supremes in Massachusetts held that courts may invalidate arbitration agreements that preclude class actions if a plaintiff proves he or she “effectively cannot pursue a claim against the defendant in individual arbitration.” Feeney...
July 18, 2013
As we were waiting for SCOTUS’s decision in AmEx, we got a decision on vindicating statutory rights from a different high court: the Supreme Judicial Court of Massachusetts. In an opinion that could be a blueprint for other plaintiff-friendly states, the supremes in Massachusetts held that courts may invalidate arbitration agreements that preclude class actions if a plaintiff proves he or she “effectively cannot pursue a claim against the defendant in individual arbitration.” Feeney...
FINRA to Conduct Background Checks on Arbitrators
July 17, 2013
BNA has reported that FINRA has implemented a new policy and will now conduct annual background checks as well as an additional review of arbitrators before appointing them to new cases. This change in policy was prompted by FINRA’s discovery last year that one of its arbitrators had been indicted for the uanuthorized practice of law. It’s too bad that the forum needs to implement measures such as these to make sure the parties have neutral and ethical arbitrators; the arbitrator’s disclosure...
July 17, 2013
BNA has reported that FINRA has implemented a new policy and will now conduct annual background checks as well as an additional review of arbitrators before appointing them to new cases. This change in policy was prompted by FINRA’s discovery last year that one of its arbitrators had been indicted for the uanuthorized practice of law. It’s too bad that the forum needs to implement measures such as these to make sure the parties have neutral and ethical arbitrators; the arbitrator’s disclosure...
