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Arbitration
Broad Service of Suit Provision in Insurance Policy Endorsement Precludes Arbitration
June 12, 2013
In a prior post, we reported the district court’s denial of the insurer’s motion to compel arbitration in Union Electric Co. v. Aegis Energy Syndicate 1225. In that decision, the court held that a choice of law and forum selection clause agreeing “to submit to the jurisdiction of the Courts of the state of Missouri” in a policy endorsement, commonly known as a service of suit provision, prevailed over an alternative dispute resolution clause in the policy itself, and foreclosed arbitration....
June 12, 2013
In a prior post, we reported the district court’s denial of the insurer’s motion to compel arbitration in Union Electric Co. v. Aegis Energy Syndicate 1225. In that decision, the court held that a choice of law and forum selection clause agreeing “to submit to the jurisdiction of the Courts of the state of Missouri” in a policy endorsement, commonly known as a service of suit provision, prevailed over an alternative dispute resolution clause in the policy itself, and foreclosed arbitration....
New Jersey Court Compels Arbitration in Reinsurance Dispute
June 12, 2013
New Jersey Physicians United Reciprocal Exchange (“NJ Pure”) filed a complaint claiming that its reinsurer breached a 2007...
June 12, 2013
New Jersey Physicians United Reciprocal Exchange (“NJ Pure”) filed a complaint claiming that its reinsurer breached a 2007...
American Exceptionalism in Consumer Arbitration
June 12, 2013
Amy Schmitz, Professor of Law at the University of Colorado Law School, has authored an interesting article entitled, American Exceptionalism in Consumer Arbitration, Loyola University Chicago International Law Review, Vol. 10, No. 1, 2013; U. of Colorado Law Legal Studies Research Paper No. 13-7. In her paper, Professor Schmitz describes business-to-consumer arbitration policy in the United States and the effect it may have on cross-border disputes. Here is the abstract: “American exceptionalism”...
June 12, 2013
Amy Schmitz, Professor of Law at the University of Colorado Law School, has authored an interesting article entitled, American Exceptionalism in Consumer Arbitration, Loyola University Chicago International Law Review, Vol. 10, No. 1, 2013; U. of Colorado Law Legal Studies Research Paper No. 13-7. In her paper, Professor Schmitz describes business-to-consumer arbitration policy in the United States and the effect it may have on cross-border disputes. Here is the abstract: “American exceptionalism”...
Law Firm Engagement Letter Arbitration Clauses: A Higher Standard Required?
June 12, 2013
Should law firms be required to meet heightened standards before they are able to contract with clients to arbitrate malpractice lawsuits? If so, how high should these standards be? When lawyers and their clients (or clients and their lawyers, if you prefer) use ADR, we typically applaud them for choosing a process that is generally faster, cheaper and more satisfying than can be found in the crowded judicial system. But when lawyers stipulate to arbitration in their engagement letters with their...
June 12, 2013
Should law firms be required to meet heightened standards before they are able to contract with clients to arbitrate malpractice lawsuits? If so, how high should these standards be? When lawyers and their clients (or clients and their lawyers, if you prefer) use ADR, we typically applaud them for choosing a process that is generally faster, cheaper and more satisfying than can be found in the crowded judicial system. But when lawyers stipulate to arbitration in their engagement letters with their...
Amazon.com Asks Federal Judge to Compel Third-Party Seller Dispute to Arbitration
June 11, 2013
Seattle, Washington-based Amazon.com has reportedly asked a U.S. District Court to compel a lawsuit filed by two individuals who formerly sold third-party items using the website to arbitration. In a lawsuit filed in March, the two former sellers claim the company refused to pay them money they were owed and then closed their accounts. The former sellers asked the federal court to order Amazon to pay them the money they are allegedly due plus interest and other damages. Amazon responded...
June 11, 2013
Seattle, Washington-based Amazon.com has reportedly asked a U.S. District Court to compel a lawsuit filed by two individuals who formerly sold third-party items using the website to arbitration. In a lawsuit filed in March, the two former sellers claim the company refused to pay them money they were owed and then closed their accounts. The former sellers asked the federal court to order Amazon to pay them the money they are allegedly due plus interest and other damages. Amazon responded...
The Relationship Is Governed By Multiple Agreements And Not All Require Arbitration; Must You Arbitrate?
June 11, 2013
In the past few months, two federal appellate courts have had to determine whether parties were bound to arbitrate claims that arose from relationships governed by multiple agreements, only some of which called for arbitration. While the courts reached different conclusions based on the facts, they both relied on the same critical inquiry: did the agreement containing arbitration create the essential relationship between the parties and would the claims necessarily refer to that agreement? If so, the claims...
June 11, 2013
In the past few months, two federal appellate courts have had to determine whether parties were bound to arbitrate claims that arose from relationships governed by multiple agreements, only some of which called for arbitration. While the courts reached different conclusions based on the facts, they both relied on the same critical inquiry: did the agreement containing arbitration create the essential relationship between the parties and would the claims necessarily refer to that agreement? If so, the claims...
NLRB Defers to Arbitral Decision in Healthcare Employment Dispute
June 10, 2013
A National Labor Relations Board (NLRB) panel has declined to shift the burden to limit the effect of an arbitration award in a healthcare employment dispute. In Shands Jacksonville Med. Ctr. Inc., 359 NLRB No. 104 (Apr. 26, 2013), the NLRB’s Acting General Counsel requested that the board require an employer charged with unfair labor practices to demonstrate that an arbitral award meets the NLRB’s requirements for acceptance rather than require the General Counsel to prove that it does not. ...
June 10, 2013
A National Labor Relations Board (NLRB) panel has declined to shift the burden to limit the effect of an arbitration award in a healthcare employment dispute. In Shands Jacksonville Med. Ctr. Inc., 359 NLRB No. 104 (Apr. 26, 2013), the NLRB’s Acting General Counsel requested that the board require an employer charged with unfair labor practices to demonstrate that an arbitral award meets the NLRB’s requirements for acceptance rather than require the General Counsel to prove that it does not. ...
Arbitration Process Issues Round-Up
June 10, 2013
Following is a summary, by category, of recent opinions of note concerning arbitration process issues. Class Waiver Muriithi...
June 10, 2013
Following is a summary, by category, of recent opinions of note concerning arbitration process issues. Class Waiver Muriithi...
Operation Arbitration: Privatizing Medical Malpractice Claims
June 7, 2013
Myriam E. Gilles, Professor of Law at the Benjamin N. Cardozo School of Law has authored an interesting article entitled, Operation Arbitration: Privatizing Medical Malpractice Claims, Theoretical Inquiries in Law (Forthcoming); Cardozo Legal Studies Research Paper No. 393. In her paper, Professor Gilles examines the potential effect that the use of binding arbitration may have on medical malpractice claims in the future. Here is the abstract: Binding arbitration is generally less available...
June 7, 2013
Myriam E. Gilles, Professor of Law at the Benjamin N. Cardozo School of Law has authored an interesting article entitled, Operation Arbitration: Privatizing Medical Malpractice Claims, Theoretical Inquiries in Law (Forthcoming); Cardozo Legal Studies Research Paper No. 393. In her paper, Professor Gilles examines the potential effect that the use of binding arbitration may have on medical malpractice claims in the future. Here is the abstract: Binding arbitration is generally less available...
International Arbitration Survey 2013: Corporate Choices in International Arbitration by PwC
June 6, 2013
The 2013 Survey, 'Corporate choices in International Arbitration' has been issued by PwC and Queen Mary, University of London. The survey investigates how corporations use international arbitration with a particular emphasis on companies in three sectors of strategic importance to the world economy – Energy, Construction and Financial Services. Major corporations, across different industry sectors, continue to affirm the benefits of arbitration to resolve transnational disputes. Corporations...
June 6, 2013
The 2013 Survey, 'Corporate choices in International Arbitration' has been issued by PwC and Queen Mary, University of London. The survey investigates how corporations use international arbitration with a particular emphasis on companies in three sectors of strategic importance to the world economy – Energy, Construction and Financial Services. Major corporations, across different industry sectors, continue to affirm the benefits of arbitration to resolve transnational disputes. Corporations...
